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3 Bumps

Legal questions about a couple signing over their rights to their baby?

My brother is a super sweet, single guy. He is gay, but not in a relationship. His friend and his friends girlfriend just found out they are pregnant, and neither of them wants this child. My brother told them about abortion of course but they said no way. My brother has always been very nurturing and has always had the desire to have a family/children.

They want to sign over their rights to the baby, to my brother.

So, my question is, if anyone knows or has experience in this area... What should my brother do to prepare? He knows he will need a lawyer and the lawyer will write up the document which the parents will sign and agree to. Is ther eanything else?

What about at the hospital? we are in Illinois. Will my brother be able to be there during delivery? Will he have any rights as far as vaccinations/formula ect at the hospital? This baby, while obviously will not be able to be breastfed- will only be getting breastmilk. Donated by myself and several other willing mommas we know :) He does not want the baby getting formula.

I guess I am just looking for information from others who have been through something similar. Thanks!

Answer Question

Asked by Anonymous at 6:02 PM on Jul. 8, 2011 in Adoption

Answers (8)
  • He has to legally adopt the baby. It can't be just signed over

    Answer by Anonymous at 6:04 PM on Jul. 8, 2011

  • The delivery room issue is up to mom. She can have who ever she wants there, or not there.

    Everything else should be discussed openly with mediators and lawyers present. Also, he needs to be prepared for a change of heart as well. It happens.

    Answer by Musicmom80 at 6:06 PM on Jul. 8, 2011

  • Oh btw, it's called relinquishment of parental rights.

    Answer by Musicmom80 at 6:06 PM on Jul. 8, 2011

  • Our adoption was a private adoption. We did have to hire a lawyer. The lawyer will tell your brother everything he needs to do in order to adopt. I am in a different state,so I am not sure of your state laws. For us,we had to get medical reports,financial reports, and have clearance (home check) and back ground check through the court. If you have anymore questions you can message me. You can also look online to find out your state laws for adoption.

    Answer by Kellyjude1 at 6:14 PM on Jul. 8, 2011

  • He will need to get a home study done

    Answer by Sue421 at 6:19 PM on Jul. 8, 2011

  • What is done in the hospital with the baby will be up to the bio-mom. They can change their minds clear up until the judge signs the paperwork. He needs to discuss this with an attorney. Good Luck!

    Answer by matthewscandi at 6:44 PM on Jul. 8, 2011

  • The lawyer will tell him what he needs. Generally it's a physical, so they know he's healthy enough to be a parent as well as a home study. If the mom delivers vaginally, she'll get to pick who is present at the birth. If it's a c-section, sometimes they will only allow one person and I'd imagine she'd want her SO with her.


    Answer by JSD24 at 2:18 PM on Jul. 9, 2011

  • Legalitize of adoption are just the tip of the iceberg. The lawyer will be able to draw up papers and help your brother in the way of what he needs to do in order to legally adopt the child. However there is always a risk that the mother will decide to raise her child versus placing the baby - he needs to keep this in mind. As far as the hospital goes, he will need to discuss his requests with the mother, until the papers are signed she is her babys mother and has every right to make any decisions she wishes, regarding formula, breast feeding, circumcision, vaccines etc.
    I would suggest that he reads and learns as much as he can about adoption, there are so many variables that effect everyone from the mother, to the adopting parents, and most importantly to the child.

    Answer by blessedwboysx3 at 3:50 PM on Jul. 11, 2011

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