Ok, birth parents want to place child up for adoption, however the birthmoms mother does not want this to happen and wants the baby to raise. However, the birth mom, does not want her to raise the baby and still wants to place child up for adoption. FYI --the grandmother just got out of prison 2 mts ago.. Can she prevent the adoption from taking place?
2007-11-13 06:46:50 · 23 answers · asked by luckygirl 2 in Pregnancy & Parenting ➔ Adoption
the birthparents are 18 and 20- so they are not minors
2007-11-13 06:47:19 · update #1
The grand parents have no say in the matter.
2007-11-17 04:42:10 · answer #1 · answered by Ollie 7 · 1⤊ 0⤋
Well, with the prison record, it is unlikely she can do anything. However, if she were a normal, well adjusted, law abiding citizen, she would certainly have a say.
She could NOT prevent the daughter from giving up the child for adoption. However, the only choice the daughter has is whether or not to relinquish her own rights to the child. All the agency stuff where birth mom's pick adoptive parents isn't really legally binding. The courts usually abide by the mother's wishes because there is no reason not to, but the courts do not HAVE to abide. Once the birth parents relequish custody, it is the courts decision who the child is placed with.
If the birth mother goes to court to try to adopt the child, and she is a "fit parent" the courts will most likely award custody of the child to her. This is under the philosophy that biological relatives are the best option as long as they don't actually endanger the child. Even if the biological mother wanted the child to go to another couple, once she's waived her rights, she cannot preven the courts from giving the child to her mother instead of the adoption she planned.
Basically, once a mother gives up her rights, she's saying that she legally doesn't care what happens to the child. Thus, her opinions on placement ammount to nothing in legal terms.
2007-11-13 09:59:47 · answer #2 · answered by littleJaina 4 · 0⤊ 1⤋
Since the birth parents are not minors, the birth grandmother cannot block the adoption. THe only thing she can do is try to influence the birth mother to change her mind. Legally, the birth grandmother has NO rights to the child. If she was in jail, there's not a judge that would award custody of the child to her.
2007-11-13 11:03:51 · answer #3 · answered by Amy B 3 · 2⤊ 0⤋
The short answer is "No" grandparents have very limited rights with regards to their grandchildren. They might be able to get a hearing in court and perhaps a temporary injunction, but I doubt they will win.
Now, if the child was removed from the birth parents by the state due to neglect or abuse then the state will usually try to place the child with family. However, the family members would have to go through the same home study process as any adoptive family. Given the criminal background and the obvious conflict between her and her daughter, it doubt she would pass the home study.
The grandmother has two strikes against her.
2007-11-13 07:17:40 · answer #4 · answered by Wundt 7 · 3⤊ 0⤋
She can take you to court and try to get custody, but normally the grandparents will not win. I gave my daughter up for adoption when i was 16. there was a huge issue with the fathers mother wanting to adopt her, but the lawyers said she had no real case. you have controle over the baby as long as you are the birth parents. if the father isn't willing to sighn than that is when the problems start lol. right now the only state you dont need his signature in is Utah. Adoption is really beautiful, i got a picture of my little girl not too long ago. she is almost four now, and she is so happy. she has all the things in life i would have wanted to give her, but knew i couldn't. i am going to college and liveing my dreams, while she is growing, learning, and being twice as loved as a normal child because she has 2 sets of parents loving her. if you need to talk, or have any questions at all just e-mail me, i'd be happy to answer. giving your child up for adoption is very diffecult.... infact when i signed those papers it felt like i was sighning away a piece of my soul... but now i know it was the best thing i could do for my baby. it wasnt somthing i thought i could do (giving up my child) but i knew it was something i HAD to do for my childs untimet happiness. you have a long journey ahead, but in the long run, you will see it is the best journey you will ever go on.
good luck, and keep your hopes up, tomorrow will come, so greet tomorrow like it was on purpose. :)
2007-11-13 14:17:59 · answer #5 · answered by so not cool 1 · 1⤊ 0⤋
No, the decision is up to the birth parents, especially since they are both of age. The only way the grandmother could adopt the child would be with the consent of the birth parents
2007-11-13 11:17:21 · answer #6 · answered by Willow 5 · 1⤊ 0⤋
No She can't once the Birth parents are of age they have the right to put the child up for adoption and her nor his mom have the right to stop the adoption process! She can try to adopt but the chances of her getting the baby is unlikely, it would also REALLy depend on why she went to prison its hard enough for people to get jobs after being released from prison let alone adopt a child! Like I said unlikely!
2007-11-13 06:51:07 · answer #7 · answered by Amberlyn 4 · 3⤊ 1⤋
Sounds like the grandmother would like a second chance to be a parent.
The birth parents can let the grandmother adopt the baby.
If not, a lot of family problems may happen.
Give the grand mother a chance :)
2007-11-13 10:37:21 · answer #8 · answered by charlotte j 4 · 0⤊ 1⤋
She can’t block the adoption. Now she could request to adopt. However from what you say her daughter doesn’t want her to raise the baby so she is just out of luck. She could try and convince her daughter to keep the baby or let her adopted it.
2007-11-13 11:10:42 · answer #9 · answered by Spread Peace and Love 7 · 0⤊ 0⤋
I observed my son regionally a twelve months and a a million/2 in the past. we've stayed in touch along with his birthmom and he or she even got here halfway around the country for a circulate to three months in the past. The impact that I have been given from her (and that i think of she might have enable me know her trouble-free emotions) is that even nonetheless she misses him extraordinarily and thinks approximately him frequently happening, she is grateful for the existence he has been given. She is commonly used with that she could no longer supply him the existence that she needed him to have. She tells me that she does not "be apologetic approximately" it for a minute and would possibly in no way replace the way issues have grew to become out. I felt the same way you probably did as we stated see you later to her the day until eventually now we flew homestead- how ought to my happiness be inflicting somebody else plenty soreness, despite the fact that it replaced into the existence she chosen for him out of the affection in her heart and that i think of she's at peace with understanding her goals for him are coming real.
2016-10-16 09:32:56 · answer #10 · answered by federica 4 · 0⤊ 0⤋
No, but they could apply to adopt the child, unless the birth mother has a problem with it.
2007-11-13 06:55:40 · answer #11 · answered by just me 6 · 1⤊ 0⤋