Adoption question?

Hi I live in Kentucky my question is about adopting a child from Indiana. My sister has a friend who is pregnant now and doesn't want to keep the baby. She wants to let me and my husband have the child. I wanted to know what I needed to do about keeping her baby. She doesn't want anything from us other than to know her child is with a good family. Is there anyway around all the cost with adoption? something that we could do between ourselves without having to go through an adoption agency? We would like to get the baby right from the hospital so I would also need any laws that deal with that as well. Another thing the biological father will not return any phone calls and has not been involved at all. Do we need him to sign anything for us to adopt the baby? Thanks would appreciate any information you could give me.

You do not need an adoption agency, but you really need a lawyer to protect your interests.

The biological father's parental rights will have to be terminated before you can proceed with the adoption. To begin that process, paternity will have to be established. This is time consuming as it all goes through our court system. Even if biodad agrees and consents to the adoption, it will still take a few months at the least.

I don't see how you can take the baby from the hospital as your legally adopted child.

"Possibly" you could get the mother to sign over temporary custody to you and your husband, and then after you have the child in your home for a period of time, you can file for adoption. I'm not sure if and/ how that would work. Hopefully somebody will come along with more information for you.

Good luck to you.

thanks for your reply....so in order to bring the child home from the hospital it can only be by her giving me temporary custody?

Also any idea on how to get the father to give up his rights when we can not even get him to return the phone calls?

As far as bringing the child home from the hospital -- I really don't know. I was just giving you a possibility. There may be an easier way.

To terminate the father's rights without his consent, it must be proven that he is unfit or that he has abandoned the child. If he refuses to cooperate with you, he has that right.

You really should get a consultation with a good family attorney. It may be free, it may cost $100.

Kentucky Adoption Statute Summay

Kentucky Revised Statutes Annotated Sections 199.470 to 199.590 (1997)

Who Can Adopt?
Any adult who has lived in the State for 1 year may adopt. A husband and wife must file to adopt jointly, unless the judge allows an exception, or unless the party wishing to adopt is a stepparent.

No petition for adoption can be filed until the child has lived in the prospective adoptive parent's home for at least 3 months, unless the child is being placed for adoption by a child-placing agency.

Who Can Be Adopted?
Any child can be adopted.

Consent to Adoption
The following persons must consent to the adoption:

1.
both parents of a child born in wedlock;

2.
the mother of a child born out of wedlock;

3.
the father of a child born out of wedlock if his paternity has been
determined by a court (e.g. through the financial support of the child, joint living arrangements, name on the birth certificate), or an affidavit of paternity has been filed;

4.
a minor parent, but a guardian ad litem shall be appointed; and

5.
an adoptee 12 years of age or older, unless the court waives this requirement.

The following persons need not consent:

1.
parents that are ruled by the court to be mentally disabled, and this ruling was made at least 1 year ago;

2.
parents whose rights have been legally terminated;

3.
parents who are divorced, where one parent's rights have been terminated and the parent with custody consents to the adoption; or

4.
a parent who has abandoned the child for at least 90 days, or has allowed the child to be abused, or has generally failed to provide care or protection for at least 6 months.

Consent to adoption cannot be given prior to 72 hours after the birth of the child. There are no provisions in the law regarding withdrawal of consent.

Thanks for replying....does this mean since the mother is unmarried to the father of the child will we need his consent for the adoption? also we have to live here for a year to adopt her child? Even though we are not going through an agency and we want to do the adoption just between us?