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Does a birthmom need to feel obligated to potential Ap's if she said she would be interested in them via e-mail does this make it legally binding ?

A friend is looking to adopt and she been talking to this one couple she been interested in for awhile and said she would feel good about them helping her in this.
However she has took no money from them despite them offering.They have told her about the babies room they have made and all stuff bought based of her saying she is interesting in them being the ones however she has told them this is being a hard thing for her due to the BF and everything.Now can she change her mind and they can't hold it against her legally for the fact they thought they were getting the baby by e-mail and text messages ? she has signed nothing unless her interests in them helping in the future upon birth once the baby is born is binding.She found them on a site for adoption/surrogacy so no agency or attorney is involved yet between the parties just verbal exchanges over getting to know one another and all there pain and costs to become parents.

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Anonymous

Asked by Anonymous at 2:50 AM on Mar. 22, 2010 in Adoption

Answers (31)
  • Cont....By OP: she did tell them this is hard on her and all that so it is not like they should expect that this could not fall through for them.She is now feeling guilty over as the baby has started to kick and all that she is bonding with this baby but feels changing a mind after all these months in fraud by a conversation she had with them ..please let me know as i can't give her the answers she needs,thank you.
    Anonymous

    Answer by Anonymous at 2:54 AM on Mar. 22, 2010

  • She accepted nothing, she hasnt met them in person, just talking to them is not legally binding..why would you someone think it is?
    Anonymous

    Answer by Anonymous at 2:58 AM on Mar. 22, 2010

  • What can they do? Nothing. They cant sue her or get her in legal trouble. She didnt get in a legal agreement with them. She just needs to say "sorry. Cant do it" & delete that email address if they persist at her about it. She has a right to change her mind.
    Anonymous

    Answer by Anonymous at 3:00 AM on Mar. 22, 2010

  • Sounds like they were jumping the gun a bit by making up a room & buying stuff without having ever even met her.
    Anonymous

    Answer by Anonymous at 3:01 AM on Mar. 22, 2010

  • Op Here: They told her about there last failed adoption by a mom to be that took money for some help in medical costs and changed her mind despite nothing being signed legally prior and she now is in trouble for that with the police because she changed her mind and they gave her money with the purpose of assuming they were getting a baby.So makes me wonder if what is said in e-mails only can be used against you in this case ?
    Anonymous

    Answer by Anonymous at 3:02 AM on Mar. 22, 2010

  • She took nothing from them, correct? There's no "case" involved. Even if a woman does accept something & changes her mind that's still not fraud unless there was either no baby at all or she never intended at all to give up the child but also..they are at fault for just handing out money without having legal representation. There are only certain expenses allowed anyway. If they gave someone money that's on them. They should have consulted a lawyer before hand.
    Anonymous

    Answer by Anonymous at 3:05 AM on Mar. 22, 2010

  • If you give someone money on the assumption you are getting a baby, that's illegal in itself.
    Anonymous

    Answer by Anonymous at 3:06 AM on Mar. 22, 2010

  • No an e-mail is not legally binding, this is a human being we're talking about, not a puppy.
    DomoniqueWS

    Answer by DomoniqueWS at 3:07 AM on Mar. 22, 2010

  • To me weather there is a baby or not that the couple assumed they may get as long as no money was exchanged ,contracts were signed than they need to except the fact the mom to be changed her mind and move on.yes it maybe a hard reality since bonding took place with exchanges over time but this should not be held against the BM.Unless it's a clear case of fraud like she took money from many couples and non got the baby.
    Anonymous

    Answer by Anonymous at 3:10 AM on Mar. 22, 2010

  • From what I understand a birth mother has the right to change her mind at any time before signing the final documents giving up her child and making the adoption final. In some states I beleive a mother has several months to change her mind. The couple could be saying these things to scare her into giving them the baby. Her best course of action if this is truly what she wants is to look for and work with a established adoption agency, they will inform her of her rights and what is and isnt legal. Going at this alone on her own via the internet is a REALLY BAD idea.
    3_ring_circus_

    Answer by 3_ring_circus_ at 3:12 AM on Mar. 22, 2010

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