newnana

[newnana]

What is the name of your state (only U.S. law)? SC This girl had a baby supposedly by my son and gave the baby up for adoption and didnt tell him until months later he didnt even know she was pregnant . somehow its a open adoption where she gets pictures of the baby and knows the people. is there an inexpensive way my son or i can get the baby back and do we need to have dna test first?.

 

[TheGeekess]

Short answer: No.

Who Must Consent to an Adoption

Statute: § 20-7-1690

* The parents or surviving parent
* The father when the parents are not married, if the father has maintained substantial contact with the child
* The legal guardian
* The child-placing agency or legal custodian

Revocation of Consent
Statute: § 20-7-1720

* Revocation is not permitted except where it is in the child's best interest, and if consent was given involuntarily or under duress or coercion.
* The final decree renders the consent irrevocable.

South Carolina Adoption Laws, Page 3

 

[Proserpina]

What is the name of your state (only U.S. law)? SC This girl had a baby supposedly by my son and gave the baby up for adoption and didnt tell him until months later he didnt even know she was pregnant . somehow its a open adoption where she gets pictures of the baby and knows the people. is there an inexpensive way my son or i can get the baby back and do we need to have dna test first?.

To expand...if your son is indeed the father, then obviously - from your post - he didn't consent to the adoption.

Your son needs to prove that he is a) the father and b) was never served with anything informing him of the upcoming adoption.

What he needs to do is find out exactly what was filed - ie, was someone else named as the father and did that person give consent? He needs to speak with an attorney.

 

[ecmst12]

It won't be inexpensive, he will need an attorney. Does he actually want to revoke the adoption or just the same rights as mom regarding open adoption and pictures/updates?

 

[TheGeekess]

Seems to me that if Presumed Dad didn't have substantial contact with the child (as referenced in post #2 - SC law) then Birth Mom did not need his permission to adopt Baby out.

 

[Proserpina]

Seems to me that if Presumed Dad didn't have substantial contact with the child (as referenced in post #2 - SC law) then Birth Mom did not need his permission to adopt Baby out.

Even if he wasn't aware of anything? That does seem a little harsh

 

[LdiJ]

Even if he wasn't aware of anything? That does seem a little harsh

Every state is a little different, and SC seems to frequently be a bit different than the rest. The dad in this case (not the grandma) should probably be consulting with a local attorney to get a clear fix on whether or not he has any recourse, and what it will cost him to try.

This definitely is not going to be a DIY project.

 

[Proserpina]

Every state is a little different, and SC seems to frequently be a bit different than the rest. The dad in this case (not the grandma) should probably be consulting with a local attorney to get a clear fix on whether or not he has any recourse, and what it will cost him to try.

This definitely is not going to be a DIY project.

Absolutely agreed.

 

[goddessoflubboc]

This girl had a baby supposedly by my son

So paternity is definitely an "if".

is there an inexpensive way my son or i can get the baby back and do we need to have dna test first?.

You definitely can't "get the baby back" - it was never, no how, no way, yours.

As for dad, if the adoption has been finalized, probably not.

SC is starting their putative father registry on 1/1/10. In the future, you son should sign up there if he thinks he may have fathered a child (ie had sex). That way he is guaranteed notice before an adoption.

PS - He has to sign up himself, you can't do it for him.

 

[momofrose]

Seems to me that if Presumed Dad didn't have substantial contact with the child (as referenced in post #2 - SC law) then Birth Mom did not need his permission to adopt Baby out.

Sorry - but this bugs me (as an adoptive mom) - the baby was "placed for adoption" not "adopted out".

"D"