My niece had a baby four months ago , If the father is here illegal can she put the child up for adoption?

Question

put this child up for adoption without his conscent? She has 3 children under the age of 3 yrs and can't handle all three of them

Answer 1

WOW....I am sorry for everyone being rude and mean.  

It is very possible that she can put the baby up for adoption without his consent.  But you would need to check with local and state laws.  Good Luck.

Answer 2

I will start of by saying we are a family seeking to adopt a child.

I am so sorry people are so rude and have made this many nasty coments, as if you had not talked to her about birthcontrole and some people do not relise do to religious reason birth control is not an option.

Okay here goes, if his name is not on the certificate she does not have to have his concent.  Second laws have changed, just because you have a baby in this country it IS NOT your "ticket" to stay here! It depends on the state what the laws are however if his concent is needed there is a small informal hearing that is held and if he wishes to "fight" for the child he has to show up for the meeting and give his reasoning. I don't know of any judge out there who would give him the child, illegal and unmarried no that is not going to happen so don't sweat it.  States have a period of time for the mother to change her mind varring from 30 days to 6months. Adoption is a loving option and a wonderful gift to give her child.

We are a family with four children 16,15 and twins that are 12.  My sweety and I have been together about 10 years. Children are mine from first marriage.  We would be honered to adopt a child so we could have a child together.  We live in a med. size town in OK, we have a 4bdr 1.5 bath brick home with large yard with privacy fence.  I am a stay at home mom and we have LOTS OF LOVE to give a baby.  We are also open to children a little older as well (under age 4)

[e-mail]

Answer 3

As a supportive relative, you should step up to the plate and assist your niece.  Adoption is a permanent solution to a temporary problem.  That said, just because the father is illegal doesn't make him a non-person.  She would need his signature to put the child up for adoption.  Get her a lawyer.

Answer 4

I would guess that she needs his consent.  He has rights as a father no matter what country he is from.  Why can't he take care of his child if mom can't?  Has anyone thought of that??? There is also the idea that he take the baby and leave our country and take them back to his.  

We are looking to adopt and this is one situation I would not want.  I would need to have both birth parents consent before I would adopt.

Answer 5

I have experience with illegals and by law she does need his consent, but I doubt the father would fight an adoption knowing his illegal status. I was married to a man from Mexico and unfortunately had to put our 2 children up for adoption. I didn't have a problem (this was 9 yrs. ago). Is the father's name on the birth certificate? If not I would say I didn't know who the father was. If it is I would say I don't know where he is and that he's never been around. There's no way to find him because of the lack of a social. I think adoption would be the best option and I commend her for thinking about the welfare of her children. There are so many who are unable to have their own. My children were adopted by a wonderful family.

Answer 6

No, she must get his consent, or have him served.  If he refuses to sign voluntarily, and does not respond to the serve, his rights can be terminated.  Being here illegally has nothing to do with his consent.

Answer 7

i would say... no. she needs to learn how to wear protection. make sure this is her decision and not someone elses'. maybe.. if she *really* wants to put the baby up for adoption, she can get him deported, and then do it.

make her first priority getting on birth control so she doesn't have to put up baby #3 AND baby #4. who knows, she might already have another one on the way. Good luck

Answer 8

I do believe that she can do this. I am not positive....but I believe that if he is not a U.S. citizen, he has no rights to a U.S. citizen child.

My husband works at a non-profit agency that deals with adoptions, etc. He does not deal with this. (he is the computer guy...lol) but he can find more info for you. Email me if you need some solid answers and let me know what state you are in, so he can get the answers correct.

= )

Answer 9

This is basic, because he is not legal doesn't mean that he doesn't have rights as a father. If you think that being legal as everything to do with being a father then your niece should have think twice before having s*x with this man.The fact that he is not american doesn't mean that he is not from somewhere, he has a country and is a human being. So if your niece want to give the child up for adoption, she better have his full aproval first before anything, if not, guess what he will just go a take his child back whether you like it or not, and this is his right even if he is not legal or didn't you know that?

Answer 10

Maybe she should work on keeping her legs closed or trying birth control if she can't do that....and the fact that she is doing it with an illegal isn't helping her case either...maybe she should reconsider her goals in life, give the kids to the dad and send him back to Tijuana....

Answer 11

then perhaps your niece should be using birth control instead of getting pregnant all the time.  doesn't matter whether he is here legally or not she cannot give the child up without his consent he still has rights as a father even tho he is here illegally.

Answer 12

Tell your Niece to stop having kids.She sounds very irresponsible.What is she doing making kids with illegals?Do each of her kids have different fathers?You might need to have a talk with her and set her straight.Was she on Springer or Maury?

Answer 13

She still needs his permission.

Answer 14

Yes she can definitely put the child up for adoption if he is here illege he doesnt have a right to tell her she cant.

Answer 15

NO

Answer 16

Why is your niece having s*x if she can't take care of her children?  If the father is illegal she can put the children up for adoption but I think the child should know who it's father is. Your niece should quit having s*x if she can't deal with raising children.  However the father can try to get citizenship in order to keep his children.

Answer 17

I empathise with the situation in your niece is. In case your niece decides to give her four month baby for adoption even as a last resort, there would be several adoptive parents like us who think she is an angel bringing joy to  parents like us.  At the same time her loved child will have a warm and wonder ful affectionate home with all the comforts of life.  I am sure your niece for sure believes   her child deserves all such good things in this world. We are already approved for adoption. We can consider and make progress depending on mutual aspirations

Answer 18

Just because he is illegal, it doesn't mean his sperm is too!  Fathers have rights too!  Maybe she should talk it over with him and they can work something out.

Answer 19

some states you can like Texas although they can fight it. The child could be his ticket to stay in the country. Contact a lawyer to know for sure

Answer 20

Only with his consent. Suggest that your niece make better choices with men, or get on the pill! She may be hot, but she's a hot s**t!She should not be having children if she can't afford or handle them; this is cruel to those babies.

Answer 21

My thinking is she needs to get his consent & he'll need to surrender his rights in order for an adoption to happen.  I can't imagine being the adoptive parents of this child & have the bio father show up on my doorstep months or years later saying he wants to parent the child & never gave consent.  That would be a nightmare for everyone...especially the child!

Answer 22

It wouldn't be right for her to place the baby without the father's consent... Just becaues he's not a citizen doesn't mean he had no claim to his child..

She could possibly avoid needing his signature if she registers with a local paper "most use the court reporter" announcing her intent to place the child and if he doesn't contest, the adoption can go forward. I would let him know about the registry and all he has to do in nothing and that may help him cope with the loss if he actuall doesn't have to sign anything.

Answer 23

Whether or not he is here illegally, he can still sign papers giving his consent to adoption and he SHOULD be asked to sign so that there will be no disturbance of the child's life in the future.   Without his signature, either he or his relatives might be able to challenge the adoption one day, and such may be devastating for the child and its adoptive parents.  Get it done right from the beginning for everyone concerned.

Answer 24

I would love to adopt it, me and my hubby have been trying to coneive for over 3 years if she would be interested

my email is [e-mail]

if you would like to contact me!

Thanks

my myspace is

Answer 25

Yes, in most cases, she should be able to.  It may be a little complicated depending on a few things.   Will the father not consent or does he just not know?  If he does not know, can she find him?  Is she really wanting to do this or is it a family recommendation?  If you want to e-mail me with the details, I would be glad to help you get connected with the resources you need.

Answer 26

Nope illegal imigrants have rights 2 u know.It makes me so mad illegal immigrants r also people  and u never know maybe they could give your niece and everyone else a class on parenting .I hope that man claims his right as a father 2 keep his child by his side and i wish him all the best.And as 4 your niece tell her 2 keep her legs closed children arent things that u can just thro away

Answer 27

even illegals have rights if he wants the baby she should give the baby to him it took two to make the baby and if only ones going to step up and take responsibility she should let him

Answer 28

She needs to go to an adoption agency and see what their lawyers say.  The laws very for each state.  She can give up custody to the father if he isn't willing to have the baby adopted.

I'd also encourage her to get an IUD, pay for it for her if you need to.  They prevent pregnancy for up to five years.