shimmyshimmyya
Well-known member
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- Thread starter shimmyshimmyya
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crystalclear
Well-known member
It would be dependent on the legal system, for example in the UK (and I presume most western countries), the adoptive parent(s) are the legal parents and the adoption cannot be voided, even in cases where children have been wrongfully taken from their parents by the state, the courts recognise the adoption (UK). Therefore your aunt would not lose custody and if she has a partner named as the adoptive father, his rights would not be voided. Your niece would have no claim to the child regardless of any right the birth father may have which, is likely to be none. This is provided the adoption was carried out legally and officially, otherwise it is likely to be much more complicated.
As for a DNA test, if your aunt is the legal parent it is probable that it would depend on her saying it can go ahead, I'm not sure how many courts would be willing to demand a DNA test against the legal parents will where there is no suspicion of kidnapping etc. If your aunt has adopted the baby legally, then she is the mother according to the law and this cannot be voided or overturned unless she puts the child up for adoption. At worst, the baby's dad (if there is no adoptive father) might be allowed access but he would not be able to take the child away and the courts would make that decision. Your niece would have no rights whatsoever as she signed them away, even in the event her ex had rights recognised in law, provided any cool off periods have lapsed ( for a newborn it usually varies from 6 weeks to 6 months once that has lapsed it is irrevocable). If the ex suspected the baby was his and did not register his objection at the time of adoption (to the courts etc) despite being aware of the process then it is likely to count against him.
So long as your aunt has the adoption papers signed and recognised by the court etc the odds are the adoption will not be voided, but should clarify with the laws in her country or state.
As for a DNA test, if your aunt is the legal parent it is probable that it would depend on her saying it can go ahead, I'm not sure how many courts would be willing to demand a DNA test against the legal parents will where there is no suspicion of kidnapping etc. If your aunt has adopted the baby legally, then she is the mother according to the law and this cannot be voided or overturned unless she puts the child up for adoption. At worst, the baby's dad (if there is no adoptive father) might be allowed access but he would not be able to take the child away and the courts would make that decision. Your niece would have no rights whatsoever as she signed them away, even in the event her ex had rights recognised in law, provided any cool off periods have lapsed ( for a newborn it usually varies from 6 weeks to 6 months once that has lapsed it is irrevocable). If the ex suspected the baby was his and did not register his objection at the time of adoption (to the courts etc) despite being aware of the process then it is likely to count against him.
So long as your aunt has the adoption papers signed and recognised by the court etc the odds are the adoption will not be voided, but should clarify with the laws in her country or state.
User38
Well-known member
Shimmy .. it depends on what jurisdiction you are, some states might allow him to contest -- and other's seal records and wont' allow it. But more importantly the child's welfare will always be the primordial concern.. and it seems clear that the child is better off with auntie.
katred
Specktra Bestie
OK, first piece of advice, get yourselves a lawyer- chances are this will never make it to court, but you want to make sure you are well protected and that you don't ever say anything that can be used against you.
Do as much research as you can into your local laws.
Ultimately, you don't want to do anything that could allow him to gain custody of the baby.
The good news is that he has to prove he would have to provide a stable home and it doesn't sound like he could provide anything close to that.
Chances are that, once he realises the legal work involved in a legal procedure, he'll give up anyway. You just need to protect yourselves in the meantime.
Do as much research as you can into your local laws.
Ultimately, you don't want to do anything that could allow him to gain custody of the baby.
The good news is that he has to prove he would have to provide a stable home and it doesn't sound like he could provide anything close to that.
Chances are that, once he realises the legal work involved in a legal procedure, he'll give up anyway. You just need to protect yourselves in the meantime.
WhatWouldJoanDo
Well-known member
Ok. I agree with Katred on the legal advice.
Actually, around here the father would have to sign away his rights; so there may be some legal stuff. Obviously proving this is the better home for the child is most important. From the guys perspective I think he is doing the right thing to want to know and be involved. It will probably be something that comes up as the child grows. It's a complex family arrangement. I don't think she will be able to have rights if this is a legal adoption, but if it deemed not a valid adoption then; another can of worms. Of course there is nothing saying that she can't be legal mom and let the parenting involve family help/support; so i guess i'm trying to say if she is forced to become legal mom then your aunt can still very much play the role of mom even without the paperwork. In any case the father if unwilling to sign away rights will no doubt forever be a part of all your lives. That is something you will have to accept. And for the child sake, everyone will need to make it as pleasant as possible. I think it may start by your daughter apologizing to the child's father and explaining that this is best; but allowing him to be a part of his baby's life.
Actually, around here the father would have to sign away his rights; so there may be some legal stuff. Obviously proving this is the better home for the child is most important. From the guys perspective I think he is doing the right thing to want to know and be involved. It will probably be something that comes up as the child grows. It's a complex family arrangement. I don't think she will be able to have rights if this is a legal adoption, but if it deemed not a valid adoption then; another can of worms. Of course there is nothing saying that she can't be legal mom and let the parenting involve family help/support; so i guess i'm trying to say if she is forced to become legal mom then your aunt can still very much play the role of mom even without the paperwork. In any case the father if unwilling to sign away rights will no doubt forever be a part of all your lives. That is something you will have to accept. And for the child sake, everyone will need to make it as pleasant as possible. I think it may start by your daughter apologizing to the child's father and explaining that this is best; but allowing him to be a part of his baby's life.
