If it's not okay for someone in a mentally ill state to assign an executor or sign a major contract?

Question

They why are women, who are seriously ill, allowed to sign away their paretnal rights.

Of course Allison Quets comes to mind, but I'm sure there are plenty more. If she had bought a house, she would have been able to void the contract, but since it's relinquishing a child, there's little to stand on.

Why is it different?

Answer 1

If the sets of parents (both ap's and bio) were instead changing a house instead of a child, there would not be the mental challenges made worse by fighting over it, if the house sale went bad.

In cases of severe mental illness, where the bio parent(s) are unable to make decisions, the process is supervised by the court system.  That is one of the reasons of the home study in the event of private adoption, and the reason that there are several court hearings to go through the adoption processes.  

Many times, mental illness can have people make decisions that might make them go one way or the other towards adoption, however, even mentally ill people, depending on the degree of their illness, know right from wrong, and many know what they have done.  In their minds, they probably have signed, knowing it is better for the child to be placed.  

There is a time limit to not buy a house.  You can enter into a contract, and void it before moving in and taking possession.  You might lose your ernest money in that case.  There are also many state laws that give first parents the rights to change their minds after signing away their rights.  Our state has a 10 day waiting period.  It varies from 48 hours to 6 months, depending on what state.  

Also, I believe drug use is a temporary state of mind, and that if the person signing the papers is so high they don't realize what's going on, their parental rights would probably be taken anyway.  I know one of the questions asked when the consent forms were being singed was, "have you taken any forms of medication or alcohol that might alter any decision making processes, including cold or allergy medications, over the counter medications, prescription medications, alcohol, or any street type drugs?"

Answer 2

I asked our lawyer why it is okay for a person who is not in their sound mind (because of drug use) why  they can sign their parental rights away and she told my that it was law.  She never stated the code or anything but she said that they would not be able to sign for their own medical care but that they could legally sign away their parental rights.  It doesn't make a whole lot of sense but I think that it has something to do with the fact that if they weren't able to relinquish their children then a lot more babies would be abandoned in the street or garbage cans and the such.  I guess that maybe in the long run it could protect the children.

Answer 3

People who are seriously ill are able to sign contracts quite often as long as they are mentally competent.  It isn't illness that is the issue it's whether or not they are competent.  

Besides, isn't she the lady who was using other people's eggs to have children when she was pretty much past prime child bearing years?  If you want to look for somethign that's unnatural, what can you call THAT?

Answer 4

after being a parent of 3 children i adopted from foster care for 12 years now... I can say that if any first/biological parent wants to parent and is doing a half decent job, their child should be living with them....

it is very sad that any woman is presured into giving her child over... there is also a new program here in our state that no child enters foster care if there really is a plan for them to return.. hopefully this will keep more kids with there parents..

in my son's case I really think he would have done the same if just left with his birth mom... more should have been done to keep him with her... it was sad..

I am sorry you infant children were taken from you

Answer 5

Dear L@r@,

This is a question that I have been struggling with for years. I have given birth four times and still am not sure when a woman is "fully" recovered enough to be considered healthy enough to sign a legal document of this magnitude. All women are different and all pregnancies are different. None of my four were exactly the same. Each required different amounts of time before I felt "recovered". (Of course, giving birth changes you permanently! Mentally as well as physically.)

I am against women signing their rights over before, at the time of and directly after birth. I think if people really cared and wanted to be "safe" about it and avoid any duress related to pregnancy and labor/delivery, they would wait at least 6 months. This allows the mother to recover physically and allows time for hormones to return to more normal levels. Longer if the mother suffered residual health issues due to the pregnancy & delivery or is suffering from severe PPD (post partum depression) which can last as long as a year after giving birth.

I see no reason why temporary guardianship and/or co/shared parenting could not occur until the mother is recovering (to make sure that bonding between mother and child has been considered but not negate or eliminate bonding with the PAPs if the adoption is still in the best interests of the child. (This would also give agencies, PAPs and FPs the opportunity to "match" based on parenting styles, openness, etc. more effectively.)

IMO, too many woman are pressured into making this LIFELONG decision when they are in physical pain, exhausted, hormonally imbalanced, on pain medication, etc. immediately or within days of having gone through one of life's most difficult events. If that doesn't qualify as duress - I don't know what should!