adoption or custody

[Miranda414]

My sister has found out that she is pregnant and cannot afford to take care of this baby. She would like for my husband and I to adopt the baby but I'm not sure what legal process is required.

 

[disagreeable]

First she needs to discuss the issue with the childs father. Ultimately, he has a greater right to raise his child than she does to give it away.

 

[shrinkmaster]

Unless the Father agrees this isn't going to happen

 

[Proserpina]

Actually, if Dad hasn't registered on FL's putative father registry his consent is NOT required.

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/CD06E2F8CE20468385256B29004BD264/$FILE/02-%20Adoption%20in%20Florida%20-Eng-W.pdf?OpenElement

 

[disagreeable]

I disagree.

. Any person lawfully entitled to custody of the minor if required by the court

Under your interpretation, a woman gets knocked up and is free to adopt the child, if she never tells the father he has a child. I doubt a court will allow that.

Actually, if Dad hasn't registered on FL's putative father registry his consent is NOT required.

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/CD06E2F8CE20468385256B29004BD264/$FILE/02-%20Adoption%20in%20Florida%20-Eng-W.pdf?OpenElement

 

[Proserpina]

I disagree.
Under your interpretation, a woman gets knocked up and is free to adopt the child, if she never tells the father he has a child. I doubt a court will allow that.

You can disagree all you like.

The law is quite clear.

And it's also the law in several other states.

And really - it's not MY interpretation, my dear.

 

[Betty3]

Under your interpretation, a woman gets knocked up and is free to adopt the child, if she never tells the father he has a child. I doubt a court will allow that.

The law does say: Florida law. For example, although there are exceptions,
an unmarried biological father must register his paternity
with Florida's Putative Father Registry; otherwise, the
court will not require his consent before proceeding to
complete an adoption plan. An unmarried biological father
must register his paternity prior to the filing of a petition to
terminate his rights or within 30 days of service of a Notice
of Intended Adoption Plan. The adoption entity involved
with the placement is required to serve a known and locatable
unmarried biological father with a Notice of Intended
Adoption plan that advises him of Florida's Putative Father
Registry and the steps he must take to avoid a default and
waiver of any claim of rights to the child.

It seems the law is clear that the Father must register with the Florida's Putative Father Registry or his consent to adoption is not required. Agree with Proserpina.

 

[Proserpina]

FL isn't the only state, either.

Part of me thinks this is completely unjust. But the other part of me can't help but think, "Well, it IS up to a fella to keep track of where he's left his little soldiers".

To pardon the expression.

We did have one guy down the street ask, incredulously, "Are you saying that I have to register on these things every time I have unprotected sex with someone?!"

To which the answer was a (far less polite than I've been here) resounding "yup!".

 

[disagreeable]

So your saying a guy must follow around every woman he had sex with for 9 months to protect his parental interests? I don't think the court is going to allow mom to skate that easy. They will be wanting the name of a daddy. To do otherwise, when mom knows who he is, will withhold rights granted to all other classes of parents, violating both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. Those laws are designed to facilitate adoption in cases where the father is not readily available or known.

Here is one of apparently many cases agreeing with what I said. There are numerous factors a court must consider before it can decide an adoption can proceed under the assumption of paternal abandonment.
http://scholar.google.com/scholar_c...5,266,267,316,317,318,325,326,327,328,329,330

 

[Miranda414]

Sorry I guess I should have put in my initial post both parents have decided they dont want this baby and would like for my husband and I to adopt the baby. I just am not sure what legal process we have to do to make it happen.

 

[shrinkmaster]

Go to your local Family Court talk to the clerk about the legal paperwork, that's where you start

 

[Proserpina]

So your saying a guy must follow around every woman he had sex with for 9 months to protect his parental interests? I don't think the court is going to allow mom to skate that easy. They will be wanting the name of a daddy. To do otherwise, when mom knows who he is, will withhold rights granted to all other classes of parents, violating both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. Those laws are designed to facilitate adoption in cases where the father is not readily available or known.

Have you ANY idea how many states actually have a similar process in place? Evidently more than you realize.

Here is one of apparently many cases agreeing with what I said. There are numerous factors a court must consider before it can decide an adoption can proceed under the assumption of paternal abandonment.
http://scholar.google.com/scholar_c...5,266,267,316,317,318,325,326,327,328,329,330

Spot the glaring difference.

I'll wait

 

[disagreeable]

Evidently you are suffering a comprehension problem after your hospital stay. The glaring difference is where I noted that FL law says "Any person lawfully entitled to custody of the minor if required by the court. ", you can then read the case law I cited where it says that according to Federal law, the other FL laws may not take precedence. In the case I cited, the court gave notice to dads rights and determined Federal law was not being compromised in that particular case, however, the court needed to review dads Constitutional rights in each situation individually.

Have you ANY idea how many states actually have a similar process in place? Evidently more than you realize.



Spot the glaring difference.

I'll wait

 

[Proserpina]

No. The glaring difference is where you neglected to mention that in the case you provided, the father signed the AOP.

He WAS the legal father.

He WAS entitled to custody - or at least to file for it.

And the law has changed, my dear. Hence the putative father's registry. (You DID note the date, yes?)

Nice try, though. No cigar.

Not that your rambling helps the OP, since BOTH parents are in agreement. You can have the last word though, if you wish.

 

[cbg]

Okay, I think that's about all we need. Move along, folks, there's nothing to see here.