About adoption without mothers consent help please!?

Question

My sister never consent to have her daughter adopted,social services went ahead even though she didn't agree to it did they do this legally? she suffered with a depression at the time.

Answer 1

She needs a lawyer to resolve this problem.  While I agree that some Social Services depts. do illegal actions (with the support of a judge no less), she needs legal representation immediately because there are deadlines.

Answer 2

I think that someone isnt telling you the truth. They have to have a reason why they took the kids away. They just cant take them. I know bc I my siblings and I were taken away from my bio parents and they have to sign there rights away. so, if that isnt true then she can ge ta lawyer and sue the state but there is a reason why they got taken away and why she doesnt have them. Have her get a lawyer now and look into it. Hey just dont take kids away for depression.

Answer 3

she can sue social services..... she needs to ask for the papers and see if anyone signed her name.  and if someone did find out who

Answer 4

In order for the child to be adopted social services would of gone before a judge to remove your sisters parental rights. This would of been done before the adoption took place. She should of been notified of this as well as the childs father. If she had a solicitor he/she would of been aware of this and made sure that your sister understood what was happening. Unfortunately it probably is legal but it is worth checking with a solicitor that specialises in family law.

Answer 5

it depends how old she is or if she is capable to handle a child

Answer 6

hello i feel very sorry for your sister, the same thing happend with my mum, when she was 19 she also sufferes depression and had just got out of a bad relationship, the social services took her daughter from her at the hospital a few hours after delivery, they told my mum to sign some papers but my mother refused they tryed to bribe her to put her daughter up for adoption and even sent a childless couple to see her who then offered to actually buy her baby. my mum refused and the couple got my mums baby anyway, that was 25 years ago i would have thought by now that there would be some law agaist this horrible behaviour, i know that the social are there for a good reason and save and protect many little children but when they mess up they really mess up, i hope your sister can get her child back my mum never did and to this day hasnt seen her since she was born all the best to the both of you x

Answer 7

They can do it legally if they go through court and have her parental rights terminated.  In order to do that they must prove she is abusive or neglectful as a parent.  They must also prove that they tried to "rehabilitate" her into a non-abusive/non-neglectful parent.  If they have done all that and a judge terminated her parental rights when he saw the evidence then it is over and she has lost the kids at least until they are 18.

Answer 8

Parental rights need to be terminated before an adoption can occur.  This process takes years and the Department needs to show that the parent would be unable to do so and has been given sufficient time to make progress.  There are new regulations called ASFA, which call for the Department to file a termination of parental rights within 15 out of the last 22 months if the children remain in foster care.  There is a full trial where the judge makes the final decision as to terminating rights.  At times, if the parent was on the correct track and making progress towards having the children returned, the judge may ask for a "suspended judgement", basically where the parent gets one more chance.  If the parent's rights are terminated, then they do not have any legal authority towards the children anymore and the children can be adopted without the birth parent's consent.  If there was a neglect petition initially filed against the parents, then they are entitled to legal counsel through Family Court and this process should be fully explained to them. They should also have a caseworker who should be working with the family and should be reviewing goals and what needs to be completed to have the children returned to their care.  There are also regular court appearances in which the parents, lawyers, child's law guardian and the Department are notified and should attend.  Unless the child is abandoned, parents should be well aware of timelines and the next step in the process.

If all of this did not happen with your sister, then she should contact her lawyer and see what they can do.

Answer 9

We need more information. When social services takes a child, they can't just terminate the mom's parental rights immediately... they have to come up with a reunification plan first.

How long was it between the child being taken and your sister's rights being terminated, and how long was it between the child being taken and the child being adopted?

Answer 10

It doesn't seem right either way it's her baby, I think she should be able to make the call what should or shouldn't happen,If it's to late you should adopt the baby and just give her back. I don't know what life would be like if someone took my kids away from me and gave them to someone else.I hope she gets

her daughter back.

Answer 11

if they took them away then there is nothing she can do!!

Answer 12

Whatever you do- HURRY!!!! Act fast! the more time that goes by the harder it gets.

Answer 13

A court would have had to give the adoption order and your sister would have had a chance to contest it. If a court has already given that permission, there may be a chance but a small one and only if the child has not yet been put with the adoptive parents (as opposed to carers).

That chance would be on human rights grounds, protecting the family unit.

However, human rights issues also apply to the welfare of the child.

I am not sure what has happened for social services to intervene, or at what stage everything is.

For example has the child been taken recently from your sister and put into care? If so, this would have been done with an epo or emergency protection order, which can be challenged in court. An epo would not allow adoption, just protection for the child until social services can be satisfied of the childs welfare.

You need to speak to a solicitor at all stages where social services are involved.