Taken/adoption question ?

Question

Is it legal for anyone to take someones child just because they have been diagnosed with a medical condition? To take the child away as soon as it was born ? If so would this be a closed adoption? If so would the real parent be allowed to get a copy of the birth cert.

Answer 1

It depends on the medical condition.  If it is a severe condition (like being in a coma) that causes the person to be completely dependent on others, then the state would likely take the child away.  If the parent cannot care for themselves, how could they care for the child?  This is seen many times in severe Mental Retardation cases.  

Some psychological conditions may result in this if the mother has a history of not being well controled with medication.  Violent Scitzophrenics are usually not safe around children unless they are willing to stay medicated.  

Also, if you consider "pedophilia" to be a medical condition - then yes, in that case the child would likely be removed.  

However, most cancers, parapalegia, liver disease, or diabetes is not going to get a child removed.  

Answer 2

Depends on the year it happened.  Now no it wouldn't unless the medical condition was something that prevented them from properly caring for a baby.  I know some counties in Ohio will remove a baby from the mothers care if she has AIDS (not just HIV positive but full blown AIDS).  I also know a few cases where a mother was found unfit because of brain cancer causing her to forget who she was or anyone else so they felt the mother wouldn't be capable of caring for a newborn.  So yes there are probably medical reasons for them removing a baby with a court order and it would probably depend on each situation if it was handled as a closed adoption or not but babies removed for reasons like that would take longer to actually do the adoption because the courts would have to remove a mother and fathers rights completely.  If they feared for the child's life then they might do a closed adoption.  If it is a closed adoption then the biological mother I believe can still get a copy of the birth certificate but when a baby is adopted there is a new certificate issued and the baby's name is usually changed.  

Answer 3

IM from ohio and nothing here surprices me . Every corner you turn theres more bad wish i could say however this would be enough to send someone here and abuse my rights People need to open their eyes at this state its so corupted its not even funny thats all i can say

Answer 4

I'm not sure what you're asking here. Is it legal for "anyone" to? No, that would be kidnapping, you can't just walk off with another person's child.

Is it legal for a state social worker to do so? Depends. If there's a medical condition that prevents the mother from parenting (for instance untreated psychosis or a completely debilitating disease,) the state can remove the baby to a foster or group home. However, the mother would have to either sign away her parental rights or have them terminated by a judge before the child can be placed for adoption. The mother can fight that in court if she feels she is safely able to parent in spite of her condition.

Family reunification is supposed to be the goal if at all possible, so the situation isn't one the mother should just accept if she wants to parent.

If your child is finally placed for adoption after all that, you can request a copy of the original birth certificate before the adoption is finalized.

Answer 5

No, it wouldn't be legal in the US to take a child from a parent because they have a medical condition.

Perhaps if they were a substance abuser, but not for a medical condition.

Answer 6

No i don't think thats right at all. Unless the medical condition involves schizoprenia or some such serious mental issue or the person is bed ridden to the fact he can't get up to feed the child.

Answer 7

It depends if an unethical social worker is called into the picture.

In some 3rd world countries if a woman can't pay her medical bills after giving birth some unethical hospitals sell the babies to agencies who then let foreigners "adopt?" them with a payment of $30,000.

Answer 8

This sounds heart wrenching and I would like to say that it was not possible, however, sadly many things are that perhaps shouldn't be.

Legally, I would think that it would depend on the medical condition. If it rendered them incapable of parenting the child safely or meeting their needs, then I think they could possibly remove the child. Or at least try and find a family member who could step in.