Is it legal to "give away" a baby to friends? (in NSW)?
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Is it legal to "give away" a baby to friends? (in NSW)?
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A couple who want a baby (Have 1 child but unable to carry more), have a friend who is pregnant. She is willing to have the baby for them rather than terminating the pregnancy (As she is unable to raise another baby at this point in time). Is this legal in NSW? Additional Details The pregnant woman has 3 children already. The youngest is barely 1yr old. She doesn't feel she would cope having a 4th child so soon. She hoped to not have a 4th child for almost another 2 years. Allowing time for her body to fully recover from the trauma of the birth of the last one.
A baby, and 2 toddlers and school child would be a handfull and a half for her.
Termination is the other alternative.
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ms007
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i wouldnt do this because if the mother decides she wants her baby back she probably could get him or her...if there are no court documents i would not recommend this |
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mom of many
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the only way to legally do this is get a lawyer and get guardianship of the child or adopt. The new parents have to follow whatever guidelines the state has for this. Lots of people do this. |
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Jennifer L
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It is possible for a private adoption to be done. It is a legal process and therefore, there are some costs involved. |
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Serenity71
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Mist had it right in saying that she needs to contact DOCS and about people wanting to just skip over the process to meet their own needs. And it is illegal in NSW.
We do things a certain way in Australian local adoption for a reason. (Past practices that were unethical and closed adoption has become "open" now. Long story, if you interested look into the history of adoption in Australia.) We don't have private agencies. Adoptive parents have to sign legal documents stating no money has exchanged hands. And that's just one legality.
People waiting to adopt have to go through an assessment process. If her friends are serious about adoption why aren't they in the local adoption pool? Or applying?
They will run into trouble when they try to make it an adoption other wise.
Advise her to look at the Official local adoption and permanent care website or contact them ASAP so she can make an informed choice.
Please note: Australian laws (especially NSW that has adoption plans through DOCS) are different from the US, very different. We are more in line with England. I have adopted locally Aust.
Here is the website. www.community.nsw.gov.au/DOCS/STANDARD/P... |
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Sharon M
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If they are really her friends, they will find a way to help her keep all her children and care for them. I truly believe that this is one of those situations where giving the child up would not be in everyone's best interest. Seriously, giving this baby away would not be a good choice. |
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Rad-Tech
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You need to get a lawyer and draw up adoption papers, otherwise, you will never be the "legal" guardian of the child, and she could always accuse you of kidnap and/or take the child back. |
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Angela R
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The couple would need to legally adopt the child. They could do a private adoption through a lawyer, or an "identified adoption" through an agency (some states require you go through an agency. However, she couldn't just "give them" the baby, without going through the adoption process because they wouldn't legally be seen as the parents. |
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Zeena
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Contact a lawyer and make sure the process is legalized. |
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myst1998
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No as this is deemed as a private adoption and these are illegal in NSW. It is also illegal in NSW to suggest adoption to a pregnant woman as this is soliciting. She would have to approach DoCS for more information about giving her child up. There is also information on their website regarding adoption, if this is what she wants.
This lady's friends would be best supporting her through this time rather than hoping for her baby. I shake my head at people licking their lips at those going through a hellish experience without stepping in to help where possible. It may be this poor mother has ante/post natal depression and just needs some firm moral support. She is incredibly vulnerable right now and to take advantage of her is just plain criminal. It would be a tragedy for her to part with this baby now and have another one later, I doubt she would ever recover from the grief and as for her child, try explaining that later down the line "you were born 2 years too soon" WTF????
As much as I am not in favour of it, if she is barely pregnant then abortion is a very definite option right now. |
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figuresk8r@rocketmail.com
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I would imagine that it would be the same or similar to the US. As long as the adoption is done legally, it shouldn't matter if they are friends or not.
Our flower girl (who was the granddaughter of family friends) contacted us (15 years later) when she was pregnant and we adopted a beautiful boy who is now 2 (in addition to our almost 10 year old beautiful daughter)! |
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littlemama
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Totally possible, how exciting for you! No matter how good a friend, make sure you get a lawyer and do everything right. This process is an adoption, not "giving away a baby" Congrats and good luck! |
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Molly D
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I would have a professional draw up adoption paper and make sure you adopt the child and not just become legal guardian because if you adopt then the child is yours and legal guardian she can come back and take the baby.
I DO NOT believe in abortion. It's just WRONG. |
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