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Can I adopt my niece's baby?!?!?

My husband and I have been trying to have a baby for 6 yrs, never was able to. My 18 year old niece is about to have baby #2. She was asking if we would like to have the baby, cuz she doesn't feel up to raise two at such a young age. She says she isn't sure who the father is there is. (there is 2 possible dads) And her boy friend (1st babies daddy) says is it is his he wants to keep it. And the other dude doesn't want anything to do with cuz he already has 3. Anyways question is what all will I have to go through here in Texas to ba able to adopt her baby when it is born.Due in June.

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Asked by Anonymous at 3:59 AM on Oct. 10, 2009 in Adoption

Answers (6)
  • You will have to have the permission of both parents to adopt the baby. Don't try and circumvent the dad, it can and probably will come back to bite you later. For an in family adoption, it is usually just a lawyer and trip to the court house or two, and more than likely a visit with the social services or child welfare people. I am from another state, but for us, it was uncontested by the father(didn't say yes or no really, and didn't show up), agreed to by the mother, a call to Children and Family Services, a home visit, then a trip to a family lawyer, a chat with the judge, and it was done. Most states allow a streamlined adoption process when it is a relative adopting the child. If the boyfriend isn't going to agree, then you should have paternity proven before deciding the next step really. The other boy may change his mind anyway, always best to know who to have sign so there isn't a challenge later. Good luck!

    Answer by Anonymous at 4:22 AM on Oct. 10, 2009

  • Make sure to get a lawyer. Read up on your state laws as every state differs. Dna test most likely will need to be done to determine the biological father. Of course, the biological father will have rights to the child first and foremost.

    Answer by Anonymous at 7:51 AM on Oct. 10, 2009

  • Tell your niece NOT to sign anything terminating her parental rights, even for you to adopt, until after paternity has been established and the father has signed. If she does, she could lose the child to the father and his family and have no recourse in getting him/her back, even if she decided to keep the baby at that point.

    A friend on CM, who may answer here and may remain anonymous, who was adopting a grandchild (her DD's child) and although he'd been in her home for over 2 years, the father was able to take custody of him just a few weeks before the adoption went through, and the mother of the child couldn't do anything because her rights had already been relinquished in order for her mother to adopt. The child was moved to another state. Be sure the father signs and gets copies, don't take anyone's word for it. In this case, they were told the father had signed, but apparently not. Protect your niece, too.


    Answer by doodlebopfan at 8:54 AM on Oct. 10, 2009

  • Coming from someone who is part of the family adoption triad....(my mom adopted my daughter)...I truly believe there is much more to this than just the legal side of it. Have your neice go to therapy or counseling....I would acutally say all of you should. That way everyone has a clearer picture of all the possible outcomes something like this can have. It is different than other adoptions because it is might gain a child, but there is a possibility that you can loose a neice. It can and it will get confusing for all parties. Good luck.

    Answer by Ms.Maricel at 5:59 PM on Oct. 13, 2009

  • We are in Texas and adopted our grand kids here. We had to go through the whole thing. Home study, Hire a separate Attorney for the kids, CPS was involved in another state but not here so we just subpoenaed the records. The parents surrendered their rights because they had been advised the court was going to terminate their rights. Even so things went very smoothly, very little friction, no one really fighting it. It still took almost 6 months to get all the stuff done. However, because parents rights were terminated the adoption order was final that day. Many times adoption orders don't become final for 6 months. Our total cost for both attorneys and court costs was almost $15,000 for two children. Good Luck. Any other questions just message me.


    Answer by GrnEyedGrandma at 6:33 PM on Oct. 13, 2009

  • If both parents agree to it. then okay. Make sure you both do this with lawyers present. so nothing goes wrong later. I know she's family but even nieces change their mind . gl

    Answer by incarnita at 8:42 AM on Oct. 16, 2009

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