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Incest-says he has rights.

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M

mydestiny

Guest
What is the name of your state? Illinois

I've adopted it's went to court, No birthfather was named, it ran in the paper, the birth mother signed the consent, it's final.

NOW the birthmother's father has been emailing me threats saying that my daughter is his biological daughter and he has rights. He had incest with his daughter. She was over 18 at the time (not sure that matters). Do I have to be worried about this? Does he have birthfather rights since this was incest?

He says he has rights and that this was suppose to be a open adoption, well I've stopped all contact with everyone for now, I didn't agree to anything but pictures before, but the judge told the BM that I could do what I wanted, it was just my word to her.
This has just came up in that past few weeks. My DD is now 7 months old. I know that incest is a class 3 felony in Illinois. He's not in the state of Illinois. I didn't know of this incest until a few weeks ago. He knew of the adoption, called here daily and even talked to the BM in the hospital.

Sould I be worried? Does he have rights?
 
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nextwife

Senior Member
Here is a summary of IL Adoption Law:
http://www.adoptionsolutions.com/general/state laws/il_law.htm

And let me add, I'd send him a copy of the law and a note to have his attorney handle any future contact with you. You don't want anything to do with this sick *******. I'd be very surprised if he has an attorney.

3.
the father, if:


a.
he has openly lived with the child for 6 months within the year before the child was placed for adoption, and he has openly held himself to be the father; or


b.
he was married to the mother within 300 days prior to the birth (unless he was found not to be the father); or


c.
if the child was placed less than 6 months after birth, he openly lived with the child or the mother and held himself out to be the biological father during the first 30 days after birth or made a good faith effort to pay for the expenses of the birth and the financial support of the child within 30 days of the birth; or


d.
if the child was placed more than 6 months after birth, he maintained substantial and continuous contact with the child or lived with the child for 6 months of the prior year; or ! he has timely registered with the Registry and commenced paternity proceedings within 30 days.

4.
any person or agency having legal custody of the child by court order due to the termination of parental rights or who is the legal guardian of the child if there is no surviving parent.
 
M

mydestiny

Guest
Thanks for the information, I found that information last night actually.

So could he have rights to her then even if it's incest? That's what I was wondering? Or would his rights be terminated due to the fact that he slept w/ his daughter?
This just sickens me. I doubt he has a lawyer, as far as I know he doesn't even have a home, he's a carnie, travels with a carnival.
Thanks for that information

I found this illinois criminal code

(720 ILCS 5/11-11)
Sec. 11-11. Sexual Relations Within Families. (a)
A person commits
sexual relations within families if he or she:
(1) Commits an act of sexual penetration as
defined in Section
12-12 of this Code; and
(2) The person knows that he or she is related to
the other person
as follows: (i) Brother or sister, either of the whole
blood or the half
blood; or (ii) Father or mother, when the
child, regardless of
legitimacy and regardless of whether the child was of
the whole blood or
half-blood or was adopted, was 18 years of age or
over when the act was
committed; or (iii) Stepfather or stepmother, when the
stepchild was 18
years of age or over when the act was committed.
(b) Sentence. Sexual relations within families is
a Class 3 felony.
(Source: P.A. 84-1280.)

:confused:
 

nextwife

Senior Member
Father/daughter incest is pretty universally reviled. I can't imagine that he could possibly go to court asserting parental rights through incest and felony action. What judge would want a guy who openly attests to being the father of his own grandchild anywhere near that child? Uck.


I do know that the biofather of a child connceived by rape does NOT have the right to assert parental rights. Wouldn't be surprised if the same logic applies to this scenario EVEN if he HAD acted to assert his rights within the notice period. As the adoption notice was done and consistant with IL Law, I don't know what grounds he could use to overturn your legal adoption.


I have many adoptive parents friends who have romanticized finding the birthparents (s) of their internationally adopted child. Usually orphanage adoption, like ours. I'm not sure one always wants to know. I know in my daughter's case, many poor woman in her nation are prostitutes. Do I or she want to know?

Anyway,

Have you talked to your adoption attorney/agency? I'd see about a restraining order. You do not want this sicko coming around. Is contact through the agency or does the family actually have your address?
 
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