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Is it legal for a birthmom to sign over rights to sister and then sister place baby?

I Ihave been presented with a situation that peaks my interest, just cant find anything about the legal side.
A birthmom signed over parental rights to her sister. The sister is now wanting to put baby up for adoption

I am very aware that I will need an attny. The law offices arent open today though. Im sorry if I wasn't clear. My husband and I were approached about trying to adopt this baby by another family member of this baby

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Asked by Bubbamonstermom at 8:09 PM on Mar. 27, 2011 in Adoption

Level 1 (3 Credits)
Answers (12)
  • hmmm... I would think if the rights are signed over then the sister could put her up for adoption sadly.... I pray for that baby.... poor thing :(

    Answer by June_Mama09 at 8:17 PM on Mar. 27, 2011

  • If the rights belong to the aunt, she has the right to do anything any parent has the right to do. So, yes: if mom can put the kid up for adoption (assuming 'no father named'), so can whoever got the parental rights.

    Answer by LindaClement at 8:17 PM on Mar. 27, 2011

  • Is that what you want? For your baby to be put up for adoption? Then talk to an attorney yourself. Why have someone else do it? This is called growing up, taking responsibility. If you just can't afford baby and sister can, that's one thing. You can do legal guardian for a certain amount of time without giving up your rights. When you get on your feet, you get the baby back. In the meantime, you can have visitation rights. Not knowing your situation, we are limited in what we can tell you as options.

    Answer by Kimimale at 8:17 PM on Mar. 27, 2011

  • Did the sister adopt or is she just the legal guardian? I think that would make a difference. If she adopted the child, it is her child and I would think if she wanted to place the child up for adoption she could. Not sure she could do that if she were just the guardian

    Answer by MrsMWF at 8:18 PM on Mar. 27, 2011

  • WTH, poor baby. My advice to the sister is to contact Department of Human Services, and let them find that poor baby someone that will love, nurture and take care of it.

    Answer by BraenatsNeeNee at 8:35 PM on Mar. 27, 2011

  • it would depend on alot of things.
    1. where is the natural father? He does have a say and if you do not terminate his rights on this child, he can come back and take it from you.
    2. Did the sister adopt the child?or did the mom just sign a paper, and it has never went to court? if adopted, legally it is hers to do what she wishes.. if she is guardian, then she can allow you to become guardian and you in the future can try to adopt the child, depending on the father situation. If mom just signed a paper and it has not ever went to court, then it could get real expensive and time consuming. The mom would have to be served, the father,, and they would have to agree for you to adopt.
    3. is there any other family that might apply to have the child placed with them?
    Remember though, this is a CHILD! it needs stability and security, food and love from a constant person in its life, Bouncing it around is BAD!

    Answer by tns87 at 9:10 PM on Mar. 27, 2011

  • Once the legal rights have been signed over then the person who is recieving those rights can do whatever with that child. It becomes as those the one recieving the rights becomes the biological parent in a sense. They have the right to give the child up for adoption, send it to whatever school, vaccinate or not, just anything any biological parent would have rights to.

    Answer by JazzlikeMraz at 9:10 PM on Mar. 27, 2011

  • well if the fatehr cant be found or doesnt want the child either I would guess its leag. The birthmom didnt want the child and gave it legaly to her sister. Now she doesnt want the child anymore and gives it for adoption. Hopfully the child is better of there and finds a good foster family. SOund like the little childs been handed around quiet offten.

    Answer by LittleBirdFly at 9:19 PM on Mar. 27, 2011

  • Does the birthmom know you will re-gift the child?
    Why doesn't she just do the adoption to the family you have in mind in the first place?

    Are you on the up and up with your sister, that before you even get the baby, that you will NOT keep and raise it?

    Answer by adopteeme at 2:44 AM on Mar. 28, 2011

  • I am new to This so I edited my question and im also going to leave a comment. I am Sorry if I wasn't clear, my husband and I were approached by another family member of this baby That is a close family friend that knows we are considering adoption.

    Comment by Bubbamonstermom (original poster) at 9:22 AM on Mar. 28, 2011

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