Mother is Being Incarcerated

[YouCanCallMeAl]

NC: My sister and her husband have been introduced to a woman who is being incarcerated, up to 20 years. She wants my sister to adopt her 14 month old. There is no husband, no father, no grandparents or any other family. No money will exchange hands. The woman will go to Federal Prison. She will be indicted very soon - probably today. How can this be done as a private adoption quickly and without involving the foster system? BTW, my sister is 43 years old, her husband is 42. They have no children and will provide a very stable, loving, secure and comfortable home for this boy.

 

[Ohiogal]

NC: My sister and her husband have been introduced to a woman who is being incarcerated, up to 20 years. She wants my sister to adopt her 14 month old. There is no husband, no father, no grandparents or any other family. No money will exchange hands. The woman will go to Federal Prison. She will be indicted very soon - probably today. How can this be done as a private adoption quickly and without involving the foster system? BTW, my sister is 43 years old, her husband is 42. They have no children and will provide a very stable, loving, secure and comfortable home for this boy.

She needs an attorney to start the process. No father? Well guess what -- unless there was a legal father and it can be proven that he is legally dead and had no family, then there is going to have to be a search fo rsaid father. It will NOT be done quickly. Mom has to name any one who is the alleged father. A diligent search has to be performed and paternity established and then dad has a right to establish his parental rights. If he is dead or in prison then HIS parents/family have a right to petition. Your sister is a legal stranger. Has no rights. And unless dad and mom's rights are BOTH terminated, no way of adopting.

 

[LdiJ]

She needs an attorney to start the process. No father? Well guess what -- unless there was a legal father and it can be proven that he is legally dead and had no family, then there is going to have to be a search fo rsaid father. It will NOT be done quickly. Mom has to name any one who is the alleged father. A diligent search has to be performed and paternity established and then dad has a right to establish his parental rights. If he is dead or in prison then HIS parents/family have a right to petition. Your sister is a legal stranger. Has no rights. And unless dad and mom's rights are BOTH terminated, no way of adopting.

Unless the father's rights can be terminated under the abandonment statutes for NC. An attorney is absolutely needed ASAP, (an adoption attorney) however the mother can voluntarily give your sister and her husband temporary custody as well. So the child could stay with your sister from the get-go.

 

[Ohiogal]

Unless the father's rights can be terminated under the abandonment statutes for NC. An attorney is absolutely needed ASAP, (an adoption attorney) however the mother can voluntarily give your sister and her husband temporary custody as well. So the child could stay with your sister from the get-go.

The father cannot abandon a child if he is not the legal father at this stage. That is the issue. If the father has been determined legally then abandonment can kick in. And it is possible for the child to stay there HOWEVER sister has to know that if dad comes on the scene then dad has priority to sis.

 

[LdiJ]

The father cannot abandon a child if he is not the legal father at this stage. That is the issue. If the father has been determined legally then abandonment can kick in. And it is possible for the child to stay there HOWEVER sister has to know that if dad comes on the scene then dad has priority to sis.

I am going to disagree slightly as I know of specific cases where an adoption has been able to take place, based on abandonment, even when legal paternity had not been established.

In any case, I will repeat that sis needs to be working with a local adoption attorney.

 

[Ohiogal]

I am going to disagree slightly as I know of specific cases where an adoption has been able to take place, based on abandonment, even when legal paternity had not been established.

In any case, I will repeat that sis needs to be working with a local adoption attorney.

yes she does. But the first thing they will try to determine is if a due diligent search for daddy has taken place. If not that is going to be the first step.
If there has been a due and diligent search and "John Doe" has not been found then "John Doe"'s rights can be terminated once it is determined that "John Doe" is daddy however daddy still needs named and a search conducted.
But a daddy is still going to have to be searched for and named. Even if daddy is John Doe.

 

[YouCanCallMeAl]

Really No Dad

OK, I just found out that there really is no father - the child was conceived using an anonymous sperm donor. That puts a new twist, doesn't it? The mother signed over legal guardianship to my sister yesterday. Can this really be too good to be true? Can this be a legal adoption?

 

[nextwife]

OK, I just found out that there really is no father - the child was conceived using an anonymous sperm donor. That puts a new twist, doesn't it? The mother signed over legal guardianship to my sister yesterday. Can this really be too good to be true? Can this be a legal adoption?

Sis better use an attorney- who will verify that this woman's not just feeding sister a line, and make sure everything is done properly.

Has sister already completed the Home Study? FYI- An adoption is not final until a judge says so.

 

[Ohiogal]

OK, I just found out that there really is no father - the child was conceived using an anonymous sperm donor. That puts a new twist, doesn't it? The mother signed over legal guardianship to my sister yesterday. Can this really be too good to be true? Can this be a legal adoption?

An anonymous sperm donor would have medical records and would be easily verifiable with mom signing a release to obtain the medical records. An anonymous sperm donor is NOT the same as falling in to bed with someone mom doesn't know or want to know the name of for the purposes of creating a child. And if this keeps up I am going to think that Al is Kelly with caps and punctuation.

 

[LdiJ]

OK, I just found out that there really is no father - the child was conceived using an anonymous sperm donor. That puts a new twist, doesn't it? The mother signed over legal guardianship to my sister yesterday. Can this really be too good to be true? Can this be a legal adoption?

It could eventually be a legal adoption....IF your sister gets herself an attorney and does this properly.

Right now its just a guardianship.