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Minors wanted to put baby up for adoption vs parents

Discussion in 'Adoption' started by G lee, Feb 23, 2018.

  1. G lee

    G lee Law Topic Starter New Member

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    Jurisdiction:
    Ohio
    My son is 17 and his GF 16. If they want their unborn child put up for adoption not by either grandparents, may parents choose to do this on their own?
     
  2. ElleMD

    ElleMD Well-Known Member

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    Yes, the parents may choose to allow the baby to be adopted. The grandparents have no rights to force them to keep the child or automatically assume custody of the child.
     
  3. army judge

    army judge Super Moderator

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    In what month will your son reach the age of majority, age 18?

    In what month is the baby expected to be born?

    Legally an unmarried male has NO parental rights if he is believed to have fathered a child out of wedlock.

    However, the unmarried male, alleged to be the father of a baby born out of wedlock, can petition a court upon the birth of the child to establish his paternity.

    The court will order a paternity test for the male.
    If the male is proven to be the father, he can then establish parental rights.

    Ohio has some very particular laws regarding paternity of unmarried males.

    For instance:

    Oh. Rev. Code Sec. 3107.062
    Putative father registry.
    Putative father must register no later than 15 days after the baby's birth in order to preserve his rights.

    Oh. Rev. Code Sec. 3107.07
    Consent of putative father is unnecessary for an adoption to take place if he fails to register with the putative father registry.

    Oh. Rev. Code Sec. 3107.06
    Consent to adoption must be obtained from mother, father, any "putative" father, any person or agency having permanent custody of the minor, and the minor if more than twelve years of age. Form ePC-A-18.3 from the County Probate Court.

    Oh. Rev. Code Sec. 3107.13
    Six month waiting period prior to finality of adoption.

    An Ohio lawyer writes about father's rights and putative father's rights:

    Father's Rights | The Law Offices of Parker & Erb, LLC

    Ohio adoption law, genera overview:

    Adoption in Ohio

    I suggest you take your son to discuss EXACTLY what legal rights he may establish ONCE the bay is born.

    If you and your husband are interested in adopting the baby, that might be possible under grandparents adoption in Ohio.

    I suggest you see a lawyer for specifics.

    God bless, and I pray you will receive answers sufficient to discern your path.
     
  4. zddoodah

    zddoodah Well-Known Member

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    I'm not sure I follow this. Specifically, what does "do this on their own" mean?

    Are you saying that the mother and the alleged father (who will not have any legal rights or obligations regarding the child until paternity is established after the child is born) do not want either of their parents to adopt the child? And one of the sets of parents wants to override that?

    Or are you asking whether the parents can prevent the child from being put up for adoption in the first place?

    I think you're talking about the first thing. If so, then I suppose it depends on how the child is put up for adoption. When a newborn is put up for adoption, the mother (or parents) typically can choose the adoptive parents. On the other hand, if the mother/parents simply turn over the child to the custody of the state, then the state gets to decide who gets to adopt.

    The best thing to do would be to consult with a local attorney.
     
  5. G lee

    G lee Law Topic Starter New Member

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  6. G lee

    G lee Law Topic Starter New Member

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    Yes the first thing. My son would like to put the baby up for adoption to parents whom he does not know (no family) The GF did at first but is being influenced by her parents now and they want all rights signed/turned over to them. They may not be the most fit parents or best living circumstances for the baby. Any other advice?
     
  7. cbg

    cbg Super Moderator

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    Yes. It's not up to you and you do not have a say. The parents of the baby, even if minors, are the only ones who get to decide. Not you, and not her parents. If the parents of the baby - that means your son and his girlfriend - want to put the baby up for adoption, then they put the baby up for adoption. If they want it to go to a third party and NOT any of the baby's grandparents, then it goes to a third party and not any of the baby's grandparents. You can attempt to influence your son - they can attempt to influence their daughter. But the bottom line is that it's not up to any of the grandparents and none of the grandparents has any legal right to participate in the decision. It's up to the minor parents ONLY.;
     
    leslie82 likes this.
  8. army judge

    army judge Super Moderator

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    Again, an unmarried male alleged to be the putative father of a child has no parental rights until he goes to court to establish same.

    It is all explained by an Ohio licensed family law and father's rights attorney in the link above.

    In essence, it IS solely the female's right to choose.
     
  9. leslie82

    leslie82 Well-Known Member

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    Grandparents don't have rights to their grandchildren in most states. Your son and his girlfriend are the ones who decide what happens to their child unless the state had to intervene for some reason.
     
  10. leslie82

    leslie82 Well-Known Member

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    It's up to her ultimately. They are unmarried so your son will not have any rights until he establishes them in court. If she decides to let her parents adopt her child or sign custody to them, she can. Until your son establishes paternity he legally can't do anything. Also - legally you nor her parents have any rights unless a court grants them.
     
  11. G lee

    G lee Law Topic Starter New Member

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    My son and his GF are minors and expecting a baby, 17&16. If he desires could he get shared parenting 50/50 and if so does he have to pay child support?
    Thank you,
    G. Lee
     
  12. Disabled Vet

    Disabled Vet Active Member

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    Up to the courts.....
     
  13. army judge

    army judge Super Moderator

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    Don't open new threads to ask the SAME question.

    Thank you.
     
  14. ElleMD

    ElleMD Well-Known Member

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    Visitation, custody, and support are all separate issues. One doesn't pay support in order to be allowed visitation. Once/if a court establishes he is the father, he will 99% of the time be ordered to pay something toward support of the child. He most likely will have some amount of legal custody as well, meaning he can make decisions for the child as far as medical care, school, etc. Physical custody is a lot trickier, as is visitation, especially given his age. It is rare for the father of an infant to be granted overnight visits. That goes double if mom is breastfeeding.

    If they put the child up for adoption, both of them will have to sign off on it, but they give up their right to any future access to the child. In an open adoption, they would only be entitled to whatever access the adoptive parents decide to grant as part of the adoption. This is NOT a DIY project and the parents really need to discuss this with an attorney.
     
  15. zddoodah

    zddoodah Well-Known Member

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    I don't know what you mean by "shared parenting." However, the chances that a court would give primary or equal physical custody of a newborn to a 17-year old boy are all but nil. The situation is bad enough with both parents being children themselves; the court isn't going to require that the newborn be shuttled back and forth. Most likely, he would be entitled to regular visitation in the mother's home -- at least until the child is older. Custody and visitation can be revisited as the child gets older.

    And yes, your son will be obligated to pay child support (assuming the mother seeks it or seeks public assistance for the child, in which case she will be forced to seek child support).
     

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