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Is the Adoption legal?
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Is the Adoption legal?

My Gf gave her baby up for adoption to her sister about 6 months ago. All was involved was a piece of paper and she signed it and the bank notorized it. Now that her sister has the baby she is not allowing my Gf to see her baby much or anything and is threatning to take complete visitations away because of no reason. Now my Gf wants to get her baby back and regrets ever doing it at the time. Is the whole bank notorization legal and what steps would she need to get her baby back?

Also her sister is only 16 and married to a 18 year old and they live with his grandmother )(I know, dumb mistake on my gf's part but she was pressured alot by her mom). I'm 21 and my gf is 18 and I have my own house. Thanks.


    




♥♥Rita♥♥
Rating
M'kay...I think this is not legal...she is still the mother...unless the 16 y/o sister did something behind her back. Your GF leaving the baby with her 16 y/o sister is a bit irresponsible...but get past that and she needs to get her baby.How to do that?? Not sure....I think she needs to go to the police and if everything your write is true with nothing else....then the police should be able to assist in getting the baby.

Adoptions are finalized in court rooms...not banks.


monkeykitty83
It's VERY unlikely this was a legal adoption.

While the termination of parental rights can just be a notarized document in some states-- the reason the bank would be involved is because they employ a notary public, but any other notary can still do the same job-- it still needs to be filed with the court. Nor can only the biological mother sign; the biological father needs to terminate his rights as well. If you (or the baby's father, if that's not you) didn't sign anything, the adoption isn't legal.

Also, a 16 year old is too young to legally adopt a baby, even with an older partner, and in almost all areas the 18 year old is also too young to adopt.

You should get a lawyer. There are a lot of things in this situation that are fishy, and I highly, highly doubt this is a legal adoption. Your girlfriend should be able to get her child back, just make sure to get legal representation right away.


Randy B
Rating
Since there may or may not be more to the story then what you know I'd suggest strongly that she speak with a lawyer. It doesn't sound to me like things were done in the "normal" way but that doesn't make it illegal however it may make it easy for her to get the child back. Speak with a lawyer.


SJM
Rating
I've no idea what your gf signed, but 16-year-old children cannot adopt--even if they are married. Transferring custody of a child to another child is not a responsible decision. Your gf should get her baby back before nobody is having visits including the 16-year-old. As Tish suggested, Legal Aid would be a good place to start.


~Waiting for a little #1~
Rating
I hate to say it, but this doesn't sound legit. First off, you have to be AT LEAST 18 if not older to adopt a kid. Notarization just makes a contract binding. Meaning her sister can hold the contract against her in court. BUT this is a child, and if your gf is 18 she should know better not to give a child up to a 16 y/o?
I think this situation is a little messy, why don't you get legal advice.


buschchick
Rating
Your going to have to get a lawyer and hope to GOD that social services doesn't get involved. They might just take the child away being that she gave her child to a 16 year old to raise. I really wouldn't care how much pressure my mother gave me I certainly wouldn't be giving my child to a 16 year old, married or unmarried. It will be a long lengthy battle I can tell you that much. Good luck and I wish the best for that little baby!!!


tish_part deux
um.. call legal aid. this is NOT a legal adoption.


Cindy B
Rating
There is much more to an adoption that that. I think she might have just signed over temporary custody. ( We even had to go to court for that ) You need to find out what was signed, and get a lawyer.


short_n_sweet70301
Rating
umm...i think you should talk to a lawyer. They can tell you the steps to take to get the child back, if at all possible. Ive never heard of a bank notorizing an adoption. It sounds just weird to me.Good luck and get a lawyer ASAP!!!


Crucio
There is more to an adoption then just signing a piece of paper and having the bank notarize. This just seems crazy imo that a mother would pressure her 18 year old daughter to let her 16 year old sister and 18 year old hubby adopt her baby.

Hopefully the baby is not put in foster care. You better believe they are going to look at the fact that a 18 year old was willing to give her baby to her 16 year old sister and 18 year old BIL. That for whatever reason she felt signing a piece of paper would be a legal adoption.


Just a Mom
That sounds like guardianship, not adoption.


spottychan
Rating
I think you should seek out a lawyer. Are you the child's father? You have rights too if you are. Do you plan on marrying anytime soon even if you aren't the biological father? As a married couple you might have better sway, but don't marry because you feel you have to. Her older age and your willingness to support her should be enough. Find a lawyer.


Due May 1st with a baby girl =]
because it was just a simple written aggreement it is fightable especially caz your gf probly didnt cover all the loopholes that most adoption documents cover... consult with a lawyer. the sooner the better so the baby can be at peace.. the 16 year old cant even be legally binded to that contract unless shes emancipated.


Neil
Um, call Jerry Springer.

I do not believe a word of what you say.


cantstopLinnyG
ts not at all legal. Go get her baby, and then threaten to file kidnapping charges. Get a lawyer, call legal aid society sap.


durdenslabs
Rating
Legally a 16 year old (married or not) is not able to care for a baby. If a lawyer didn't have anything to do with it, and parental rights were not signed over by your gf and the babies father, then your gf has the right to have her baby, imo.
A piece of paper between 2 people does not make a legal document. Notorizing doesn't give her sister the legal right to keep the baby.

If your gf has a copy of the paper that was notorized she needs to bring it to a lawyer. Most lawyers give free consultations and will let her know if she can get her child back given the age of the person trying to raise it and their situation.


mom to be
Rating
Call a lawyer that specializes in adoption. As others have said, there is a lot more to giving up parental rights than a simple paper being notarized. Good Luck.





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