Informed consent?

[Caesar3]

What is the name of your state? Florida

I am rather annoyed at the system for adoptions right now. I am wondering how legal it is for a person to sign away their parental rights,when there are mental health issues?

(Background)
My son was having trouble in school in first grade. We took him to Balboa Hosp. in CA and they said it wasn't ADHD he is EH. (Emontionally Handicapped) The Doctor we took him too said 3-5 year lag (maybe more) between age and decision making ability. Lots of time at the doctor's office, we moved to florida. He has been in and out of special schools, a couple doctors, several rounds of pills and the end result was "he's just going to have to grow out of it".
After he turned 18 and moved out (not a danger to himself or others, so we couldn't make him stay) He paired up with a girl who gave birth in december. He (now just 21) paniced and didn't tell us thinking "If they don't know, it never happened." Such a grown-up thing to decide!

The child was adopted out before we had a chance to talk to our son or see the child.

Do we have any rights? Since he was seeing a doctor for his mental health issues at the time shouldn't they have contacted us? Is there anything I can do about what has happened?What is the name of your state?What is the name of your state?

[tigger22472]

Originally Posted by Caesar3

What is the name of your state? Florida

I am rather annoyed at the system for adoptions right now. I am wondering how legal it is for a person to sign away their parental rights,when there are mental health issues?

(Background)
My son was having trouble in school in first grade. We took him to Balboa Hosp. in CA and they said it wasn't ADHD he is EH. (Emontionally Handicapped) The Doctor we took him too said 3-5 year lag (maybe more) between age and decision making ability. Lots of time at the doctor's office, we moved to florida. He has been in and out of special schools, a couple doctors, several rounds of pills and the end result was "he's just going to have to grow out of it".
After he turned 18 and moved out (not a danger to himself or others, so we couldn't make him stay) He paired up with a girl who gave birth in december. He (now just 21) paniced and didn't tell us thinking "If they don't know, it never happened." Such a grown-up thing to decide!

The child was adopted out before we had a chance to talk to our son or see the child.

Do we have any rights? Since he was seeing a doctor for his mental health issues at the time shouldn't they have contacted us? Is there anything I can do about what has happened?What is the name of your state?What is the name of your state?

Unless he's been deemed incompetent by the state and is considered not competent to make his own decisions (hence he would have at the least a guardian which you do not mention) there is nothing you can do.

Who do you feel should have contacted you?

Grandparents do not have any inherited rights and hence you would have had no standing to stop the adoption in the first place. Seeing as it has already taken place there seems to be nothing you can do.

[nextwife]

[url]http://www.adoptionsolutions.com/general/state%20laws/fl_law.htm[/url]
Florida Adoption Statute Summary

Florida Statutes Sections 63.012 to 63.301 (1997)

Who Can Adopt?
The following people whose primary residence and place of employment are in Florida may adopt:
1. an unmarried adult, including the birth parent;
2. a husband and wife jointly; or
3. an unmarried minor birth parent.
A stepparent may adopt without his spouse joining in the adoption as long as the spouse consents to the adoption. A married person may adopt without the other spouse if the spouse's failure to consent is excused by the court.

In the case of a special needs child, Florida residency is not required. A homosexual may not adopt. No person can be prohibited from adopting solely because he or she is handicapped, unless the Department of Children and Familes determines that the handicap makes him or her incapable of being an effective parent.

Who Can Be Adopted?
Any person can be adopted.

Consent to Adoption
Written consent is required of the following people:
1. the mother of the adoptee;
2. the father of the adoptee if
a. the child was conceived or born while he was married to the mother,
b. he has adopted the child
c. the court determined the child is his,
d. he has acknowledged and filed a writing that he is the child's father, or
e. he has provided the child with support in a repetitive customary manner;
3. the adoptee, if older than 12 years of age, unless the court waives the adoptee's consent; and
4. any person entitled to custody of the child, if so required by the court;
5. If, due to previously terminated parental rights, a child is placed in a licensed child-placing agency or by the Department of Children and Familes, consent may be given by such agency or the Department.
Consent is not required of the following people:
1. a parent who has deserted a child, whose parental rights have been terminated, or who has been declared incompetent;
2. a legal guardian or lawful custodian who has not responded in writing to a request for consent for a period of 60 days, or who has unreasonably withheld consent; or
3. the spouse of the adoptee, if the spouse's failure to consent is excused by the court, or if the spouse has unreasonably withheld consent.
A good-faith and diligent effort must be made to obtain consent within 60 days after filing the petition. Consent is binding from the time it is given, unless the court finds that it was obtained by fraud or duress.

Confidentiality
All adoption hearings are held in closed court. All papers pertaining to the adoption are subject to inspection only upon a court order. All available nonidentifying information, including the medical and social history of the adoptee and the birth parents, must be furnished to the adoptive parents prior to finalization of the adoption, and to the adoptee (upon his request) after he reaches adulthood. Additional nonidentifying information that becomes available after the adoption has been finalized must also be furnished to the adoptive parent.

Identifying information regarding the birth parent, adoptive parent, or adoptee cannot be released from the record unless the birth parents give written authorization for release of information pertaining to themselves. An adult adoptee or his adoptive parents may consent to the release of this information. In the absence of consent the court can examine the circumstances and, for good cause, will release identifying information of the above-mentioned parties without their consent.

The State also maintains a voluntary registry of adoption information. Persons wishing to participate may voluntarily submit identifying information,with the identity of persons entitled to see this information clearly identified. At any time the person may revoke, limit, or restrict this consent to release of information.

Permissible Fees
All fees paid to intermediaries (attorney or physicians licensed to practice in Florida, or out-of-State licensed agency) must be submitted for prior approval to the court. The report of fees must include any expenses incurred in connection with the adoption. Any fees over $1,000, other than fees paid for medical costs, court costs, and hospital costs, must be approved by the court. When an intermediary uses the services of a licensed child-placing agency, the adoptive parent must pay for the cost of all services performed. It is unlawful to sell or surrender, or to arrange for the sale or surrender of a child to another person for money or anything of value or to receive a child for payment or anything of value.

The prospective adoptive parent may pay for actual prenatal care and living expenses of the mother for a reasonable time, not to exceed 6 weeks after the birth, if medical needs require such.

Place of Adoption Hearing
The adoption hearing may take place in the county where the adoptive parent or child resides or where the adoption agency is located. However, if a hearing in such a county could endanger the privacy of the adoptive parent or the child, then the hearing can occur in a court in a different county.

Authority To Place Child
The Department of Children and Familes, licensed child welfare agencies, and intermediaries (licensed attorneys and physicians) may place children. A final home investigation conducted by a licensed child-placing agency must be conducted before the adoption becomes final. If no such agency exists, the Department of Children and Familes or a licensed professional may conduct the investigation. Numerous restrictions are placed on intermediaries, including limits or fees and requirements to report to the Department the result of studies. Failure to heed these requirements can result in a court's prohibiting the intermediary from placing children in the future.

Relative Adoption
If a child has lived with a grandparent for at least 6 months, the agency handling an adoption petition will notify the grandparent of this fact. The grandparent may then petition to adopt and shall receive first priority, unless contrary to the terms in a deceased parent's will or the adoption is sought by a stepparent.

The preliminary home study is not required in an adoption by a relative or stepparent, unless required by the court.
________________________________________________________________________________________________

A parent who is legally a competent adult can relinguish parental rights for adoption. Grandparent consent is NOT required.

[Caesar3]

I was rather hopeing that the adoption had been done poorly. I don't want a grandchild to raise, I want a point towards having a say in what my son is doing. Now I'm back to square one for getting rid of that girl.

Thanks again

[Neal1421]

Originally Posted by Caesar3

I was rather hopeing that the adoption had been done poorly. I don't want a grandchild to raise, I want a point towards having a say in what my son is doing. Now I'm back to square one for getting rid of that girl.

Thanks again

Just out of curiousity, how would you have been able to get rid of the girl if the adoption was done improperly?

[nextwife]

Originally Posted by Caesar3

I was rather hopeing that the adoption had been done poorly. I don't want a grandchild to raise, I want a point towards having a say in what my son is doing. Now I'm back to square one for getting rid of that girl.

Thanks again

Why do you wish to overturn the adoption if YOU don't want the baby? Sorry, I'm confused. If the baby is with a new family that loves it, and both of the baby's parents wanted the adoption, why do you wish the adoption was "done poorly"?

If you feel your son is not legally competent, then file for guardianship and prove it.

[ceara19]

Originally Posted by Caesar3

I was rather hopeing that the adoption had been done poorly. I don't want a grandchild to raise, I want a point towards having a say in what my son is doing. Now I'm back to square one for getting rid of that girl.

Thanks again

He's an adult, you don't get a "say".