My brother died before his son was born. Now my sister-in-law is remarried and wants my nephew to eb adopted by her new husband. What is the process for adoption in this case? Do my mother and I have any say in it? I know it might sound selfish, but he will be my only nephew , and I would like to still legally be his aunt. Is there anyhing I can do to prevent this from happening?
2007-12-15 05:50:11 · 5 answers · asked by vmparmand89 2 in Family & Relationships ➔ Family
I live in Texas
2007-12-15 06:10:15 · update #1
You need to talk to an attorney. I think that she may be able to have her husband adopt this child and I think there is a place for this. Why does it mean you are out of the picture? Is this how your relationship has been? There are some states that recognize a grandparents role, but you really need to see an attorney to find out.
2007-12-23 03:57:39 · answer #1 · answered by Simmi 7 · 0⤊ 0⤋
In most states, if one of a child's parents has passed away then they can legally be adopted by their stepparent (although they will need to provide a death certificate). Extended family of the deceased parent do not have any legal rights to the child. Your SIL an her new husband would proceed with a typical stepparent adoption petition.
Even though he may no longer be your legal nephew, you will always be a part of his biological family, and I hope that your sister in law allows you to be a part of his life. Hopefully he can still call you 'aunt.' I don't think that a child can ever have too many role models or loving influences in his life.
Also, he is probably aware that his mother's remarriage has caused tension in the family, please don't let your feelings about his stepfather get in the way of your relationship with your nephew.
2007-12-21 02:28:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Adopted by his new step-father or not, he will always be your brother's son and your nephew. Sadly in most states where a parent has passed on there is nothing that parent's family can do if the mother remarries and wants her child/children adopted by the new husband, but that will never change your relationship to him. This is a sad situation and may God bless and keep you all.
2007-12-15 06:14:41 · answer #3 · answered by Daydream Believer 7 · 0⤊ 0⤋
Why on earth would you want to prevent your nephew from having a father who's alive? That is so unfair to him. He deserves to have a dad. This does not mean that his biological father wasn't his father, but he died and this boy needs and should have a living father as well. He will always be your nephew, no matter what. So I hope, if you truly care about this boy, that you would honor his mother and be happy for him. Be happy that there's a man out there who would adopt him and love him as his own.
2007-12-15 09:16:53 · answer #4 · answered by oh_my_its_linda 4 · 0⤊ 0⤋
You'd have to seek an attorney to this matter. Depends on the state you live in and their laws.
2007-12-15 05:54:32 · answer #5 · answered by peggin_beast 6 · 0⤊ 0⤋