Family adoption

[ksmith28]

Illinois

I'm wondering where my husband and I can start the process of adopting my little sister's unborn child without hiring an attorney. We live in Illinois and she lives in Indiana. Thank you in advance for your help.

 

[Antigone*]

Illinois

I'm wondering where my husband and I can start the process of adopting my little sister's unborn child without hiring an attorney. We live in Illinois and she lives in Indiana. Thank you in advance for your help.

You'd have to be a legal genius to manuever the system without an attorney.

Where is putative father? Does he know what the child's mother is planning to do?

 

[mistoffolees]

Illinois

I'm wondering where my husband and I can start the process of adopting my little sister's unborn child without hiring an attorney. We live in Illinois and she lives in Indiana. Thank you in advance for your help.

I wouldn't try it.

Adoptions are never really a DIY thing. You could find yourself THINKING you had adopted a child and then having the child taken away from you 5 years later if you don't do it exactly right. For example, you will have to notify the father and he will have the right to custody before you'd ever get a chance to adopt.

See an attorney.

 

[ecmst12]

You NEED an attorney. And the consent of both biological parents.

 

[PQN]

You need an attorney and both parents consent. You will also make the case easier (and less expensive) if your sister comes to Illinois to give birth so that you only need an attorney in one state.

 

[Proserpina]

The putative father's consent is NOT necessarily required in Indiana.

http://www.kidsvoicein.org/documents/Adoption/Adoptionin/1.pdf

I know that's the general party line, but for all of our edification...

Putative fathers of children who have been born out of wedlock and for whom paternity has not been established by paternity affidavit or a court proceeding, may preserve their right to legal notice concerning adoption of a child by registering with the putative father registry of the state department of health. The registry form is available through the state department of health, the local county department of health, and the clerk of the county
circuit court. The putative father may register before the child’s birth. The putative father may register regardless of whether the father is a minor. He must register no later than thirty days after the child’s birth or the date of filing of the adoption petition, whichever occurs later.

If a putative father does not register timely, he is not entitled to legal notice of the adoption (unless the birth mother provides his name and address) and his consent to adoption is irrevocably implied. The putative father who has not registered timely will be unable to establish paternity. He will also lose his right to contest the adoption or to challenge his irrevocably implied consent to the adoption.

 

[LdiJ]

The putative father's consent is NOT necessarily required in Indiana.

http://www.kidsvoicein.org/documents/Adoption/Adoptionin/1.pdf

I know that's the general party line, but for all of our edification...

I tried to tell people that about Indiana...but nobody wanted to listen. Thanks for posting the law. I know many people who have adopted family members or their spouse's child (paternity never established legally) without the consent of the father.

However, if dad is around, he is going to file to establish paternity and/or get on that registry if he has any interest in the child (or his family does). In the cases I am familiar with dad was long gone for one reason or another.

 

[stealth2]

Standing by with popcorn for when the two of you are told you're wrong.

 

[mistoffolees]

The putative father's consent is NOT necessarily required in Indiana.

http://www.kidsvoicein.org/documents/Adoption/Adoptionin/1.pdf

I know that's the general party line, but for all of our edification...

As listed in the article you cited, there are exceptions to the exception. Because of this, I would reiterate the suggestion that they should have an attorney. Doing it wrong has the potential for creating an enormous mess.

Interestingly, IN is different in another respect. From your link above:

Indiana law allows a pregnant woman to serve the putative father of her unborn child with actual written legal notice that the woman is considering adoptive placement for the child.

In most states, the mother is REQUIRED to notify the potential father (or fathers). In reading this statute, it appears to be entirely up to Mom as to whether to notify the father or not (although maybe I'm missing something). If so, then any mother who doesn't want child and doesn't want he father involved could go to IN to give birth and then give the child up for adoption. That seems like a poor precedent.

 

[ecmst12]

You need an attorney and both parents consent. You will also make the case easier (and less expensive) if your sister comes to Illinois to give birth so that you only need an attorney in one state.

That doesn't make much sense. The adopting parents should go to the birth mother's state to finalize the adoption and take the baby home, they should not make the birth mother travel before and after the birth! She is the person doing the hard work to bring the baby into the world, and she is the one who can change her mind about the adoption AT ANY TIME until it's final....so seems to me that her needs/wishes/comfort should come first.

 

[mistoffolees]

That doesn't make much sense. The adopting parents should go to the birth mother's state to finalize the adoption and take the baby home, they should not make the birth mother travel before and after the birth! She is the person doing the hard work to bring the baby into the world, and she is the one who can change her mind about the adoption AT ANY TIME until it's final....so seems to me that her needs/wishes/comfort should come first.

More importantly, if the baby is born in IN, they apparently do not need the father's consent (unless he proactively signed the registry). If the baby is born in IL, they might be required to notify the father (I haven't checked). So there are good legal reasons for the baby to be born in IN.

(I am not taking the position that this is the RIGHT thing to do because I believe the father should be notified, anyway, but that's not my decision to make).

 

[Antigone*]

Standing by with popcorn for when the two of you are told you're wrong.

We didn't have to wait long

 

[ksmith28]

More information

Thank you all for your help. I have no intentions on having my sister come here to give birth. As far as the father is concerned, she was raped and does not know the identity of her attacker, there is a possibility that there are 2 other young men involved and could possibly be the father. However, my sister maintains that her attacker is in fact the biological father. I have researched Indiana law and I do know that there is a law that states that the biological father has 30 days after establishing that they are the biological father to contest an adoption. The other two young men involved have no intentions on taking a DNA test so now we are just dealing with my mother and my sister who is a minor. I'm now wondering after reading the posts if my husband and I should contact a lawyer who is able to practice law in Illinois as well as Indiana. Thank you all for your help.

 

[Just Blue]

Thank you all for your help. I have no intentions on having my sister come here to give birth. As far as the father is concerned, she was raped and does not know the identity of her attacker, there is a possibility that there are 2 other young men involved and could possibly be the father. However, my sister maintains that her attacker is in fact the biological father. I have researched Indiana law and I do know that there is a law that states that the biological father has 30 days after establishing that they are the biological father to contest an adoption. The other two young men involved have no intentions on taking a DNA test so now we are just dealing with my mother and my sister who is a minor. I'm now wondering after reading the posts if my husband and I should contact a lawyer who is able to practice law in Illinois as well as Indiana. Thank you all for your help.

Was the rape reported?

 

[ksmith28]

No, the rape was not reported. My mother believes that my sister made up the story so that my mother wouldn't be upset about her hiding the pregnancy for four months. The only two people who know the truth is my sister and God.