Voluntary terminating parental rights?

Question

This situation is kind of weird but i'll explain it as well as i can.

My husbands baby is due in October and were looking to find out how to go about having the birth mother sign over her parental rights of the child, she is willing to do this because she cannot care for this child now does she want too, and I as the wife am looking to become the legal guardian.

So does anybody know how we go about doing this?

We are looking to have her give up her rights to my husband so later down the line i can adopt his baby.

Is there a way we can do this without getting an attorney involved? Again the birth mother is more than willing to do this, as a matter of fact when the baby is born we will be picking her up from the hospital and bringing her home with us!

(the birth mother was going to put the baby up for adoption befor we decided that we were going to take over in the care for the baby?

The easier this can be done the better, can we just go to the courts? all three of us?

Answer 1

The best thing to do would be to get a family practice attorney involved, in spite of what you think. You need to have your butt covered LEGALLY, in case she decides to come back in a few years and change the situation. An attorney will know all the legal mumbo jumbo and will be sure to dot all the I's and cross all the T's. Believe me, that's what you need!

Answer 2

do a google search for "release of parental rights form".  Their are free ones where the mother or father can relinquish their rights.  You would then file them at the local court house with the clerk of court who will take it for a judge to sign.

Good Luck!

Answer 3

it sounds like the 3 of you are trying to work together to give the baby a good home. that is good. i think you may be able to go in front of a judge, to get every thing signed and notorized. im not sure if there will have to be an attorney present for legal matters or not. there shouldnt be tho, seeing as how she is basically giving custody of the baby to your husband. but be sure the woman who is pregnant knows of your intentions to adopt the baby later on down the line. that way, there will be no surprises for her. and also, please make sure she realy wants to do this, because i think the birth mother usually has legal rights to change her mind with in something like 3 months. please do not quote me on that part, as i am not 100% sure about the 3 month thing. she is doing the right thing if she knows that she will not be able to care for the baby properly, and she knows where the baby will be, and that he/she will be well taken care of, and loved. sounds like this baby already has 2 (3) caring, loving parents who want the best for him/her. best of luck to you all.

Answer 4

If your husband is the father, he is rightfully the legal guardian of the baby.

He needs to go to court to get full custody. Then they will give the birth mother the option to terminate her rights.

You will then be eligible to adopt the baby.

It takes quite a few months, but if it's what you want, that's what you do.

Answer 5

It is better to go through an attorney. This way you will cover yourself if she wants to come back later. There are attorneys that handle this on a daily basis. Let them use their expertise. Trust me, you will be better off in the end.

Answer 6

What you really need to do is do these steps correctly...at least for this baby's sake.  I went back and read your other post and noted your husband is truly not the real father.  The bio father really needs to be notified.  What happens if he ever finds out and wants this child?  You would have to prove you tried to locate/contact him.  He really legally needs to sign his rights away.  I realize you and your husband want this baby but things could be 10 times worse in the future if you truly don't do this legally.  Even if your husband signs the birthcertificate, if the bio father ever suspects the baby is his, he can go to court and get a court-ordered blood test and this could prove your husband is not the true father and possibly the child could go through a legal tug of war (not good emotionally for a child) and possibly be taken away from you in the future after there is an attachment already.  What would be fair, right and legal would be to notify the bio father and see if he is willing to give up the baby.  He has rights.

Answer 7

I would say get an attorney. just to make sure everything is done correctly before hand. you don't want to wait and all of a sudden then birth mom chances her mind and something didn't get signed and you never get custody of her. If you have one try a family friend thats an attorney just to make sure everything is done right.. you don't need a fancy lawyer

Answer 8

contact a lawyer who deals with domestic issues and you should be able to legally adopt child as soon as the mother gives the permission on this.

Answer 9

I would go to see an attorney, ask for a consultation and sense your husband is the father it shouldn't be a problem for you to take home the baby. But for your own protection I would definitely enlist the help of an attorney in case the mother tries to pull a fast one on you if you have preadoption papers ahead of time and legal guardianship papers for when she has the baby there is nothing that she can do to take the baby from you all when it is born.  I would at least go get legal guardianship or custody papers in hand so the hospital cant contest anything that happens at the hospital.. You can also have her sign a paper saying that she wants you to have the baby and that she intends to give it up for adoption and sign away her legal rights and have that notarized by a public notary. i dont know that there is any way not to get the courts involved.  eventually you will have to have the courts approve the adoption anyway.  I admire you for wanting to do this an I hope that this works but i would really call a lawyer and at least get their opinion on your unique situation.

Answer 10

its not your husbands baby, i read your other question!! this is fraud!!!

Answer 11

Well, it will require properly worded legal documents.  I am not sure you can find "standard" forms to do this yourself.  Now, there are law firms that do nothing but put the agreed upon terms into legal papers.  You may want to look into that.  There is one in the St. Louis area call  "We the people", not sure if they are national though.  At that point, is should be nothing more then having them filed at the county courthouse.

Answer 12

You need an attorney. Everything needs to be documented and legalized by the court of law, if you dont just think that one day she might just knock on your door wanting that child back and because it wasnt court documented, you will have to give her rights to the child.

Answer 13

HOLD ON! I Just read your other post about committing fraud by putting your husband's name on this baby's birth certificate so you can adopt this baby illegally!  How dare you do this to a baby!  This birthmother can get housing, clothing, rent, groceries, and most of all support and counseling if she were to go through an agency!  And I have worked in adoptions for 25 years, and let me tell you -- birthfather's always find out about their baby.  It may be months down the road, or even years.  But people talk, and birthmothers never go through this kind of expereince alone.  People know, whether you want to believe that or not.  And when this birthfather comes into the picture, he does not have to qualify to be a father, becasue you have committed a felony by fraudiently putting your husband's name on this birth certificate.  The adoption would be overturned and he would get custody, and you would go to jail.  Even the mother could possibly get custody, saying YOU forced her to put his name down.  You have no idea what you are doing!  What happens to this child when you go to jail?  CPS?  Or when he/she finds out what you did?  Hates you?  And what happens when you start blaming this child for the fear you feel, waiting to be caught?  Abuse?    

And if you could qualify to adopt through the legal channels, you would have.   So obviously you have something in your life, past or present, that would prevent you from qualifying to adopt.  So shame on you for trying to squeak by when there are so many capable, qualified, approved adoptive parents out there waiting to adopt.  

Now the most important thing -- you are depriving this child from the truth about his/her birthparents!  That is dispicable.  What a horrible way to try and be a parent.  Please rethink this!  Refer this woman to an adoption professional where she can legally place this baby!  

  

FOR ANYONE WHO IS INTERESTED IN REAL INFORMATION, HERE WAS THE ANSWER I WAS GOING TO GIVE BEFORE I READ YOUR SCAMMING EARLIER POST:

Laws vary too much state to state to say.  But call a Famil Law office to ask the para legal or legal secretary the procedure!  This will cost you nothing.  But make sure it is a  Family Law attorney!  

Generally, it will take filing a Mother's Voluntary Reliquishment in court, but in most states an attorney has to  do this.  However, there is a website which gives you state by state information.  Look up your state below.

Now, for the adoption, you will have to obviously wait until her rights are terminated in court, then you can file for the adoption.  Again, depending on your state, you may have  to have a homestudy done just like any adoptive parent, and qualify to adopt the baby.  You can look at my past answers and see what is looked for in a homestudy approval.  Adoption may cost as much as $1000-$2000.  The termination of her parental rights (if you cannot legally file on your own), may cost $1000-$1500.  Let's hope you can file on your own in your state!

You have been given an awesome and rewarding responsibility.  Be the BEST mother you possibly can to this baby!!!  And remember, her birthmother is courageous and loving and made a sacrifice in letting her go to you!  Honor this always, so this child will grown up feeling loved by ALL his/her parents!  That will be a win-win situation for this child.  Put her mother down, talk negatively about her, and look out when she becomes a teenager.  From then on, her life and yours will be miserable.

The very best of luck to all of you.

Answer 14

I would still get an attorney involved so all are protected.  As you are already married to the baby's bio father it should be a pretty easy process.  Call and talk to some attorneys and pick the one that you like best.  I think(and depends on the state) that a notorized statement or paper signed by the mom should work-but you do not want her coming back later saying she was under duress or anything.  Dont want to scare you, but just protect your future family.  best of luck!  sheri

Answer 15

Changing the way that you word the question doesn't suddenly make it legal!  What you are planning to do is fraud.  I answered your earlier question about how you and your husband and the birth mother are planning to commit fraud by putting your husband's name on a birth certificate for a baby that YOU KNOW is not his.

If the birth mother ever decided to change her mind, or if the biological father finds out, you stand to lose your baby.   There is no statute of limitations on this, so you could raise this child until he/she is 10, 12, or14 years old, and then get a visit from the police.  At that time, they not only take your child away, they take you to jail!  To falsify a birth certificate is essentially kidnapping.

Contact a lawyer!  You will not be able to legally adopt the baby without one anyway.

Answer 16

You just asked this question but gave different details.  Were you being deceitful then or now?

BAD idea...DON'T do it.  Get an attorney or agency & go through LEGAL channels.

This WILL come back to bite you in the butt.  You'll regret it -- it might be a couple of months from now, it might be years from now.  It will be traumatic for you, your dh, the child, the bio father,  and the bio mother.

Terrible, terrible idea.  It could involved fraud and/or kidnapping charges.  Please don't be stupid.  Take the legal path and do things ABOVE board.

Answer 17

You will have to contact the courts. They have to make sure the child is taken care of and they have to make sure that the birth parents positively want to relinquish their rights. Also you will have to establish that you are going to adopt so that the birth mother won't have to worry about child support. It will require a lawyer and some money, but i'm sure it will be worth it.

Answer 18

you need an attorney and it will cost alot less since she has agreed but i would not count on her feelings staying the same after she gives birth you really need an attorney to protect yourself

Answer 19

Go to your local court house and ask them what papers you would need to file for this. They can tell you what you need and if you should have an attorney

Answer 20

I don't think you can do this without an attorney, but the costs should be minimal.  I had my ex's right terminated, and the lawyer brought him in his office and pretty much told him he was going to give up his rights.  The lawyer is there to protect your interests and that of your child.

Answer 21

You can do it your self...a paralegal may be helpful in filling out the forms, as for an attorney to protect yourself...in case she changes her mind...it won't help...with any adoption the birth mother has a right to change her mind...1 to 2 years depending on the state...call a pro-life pregnancy center in your area, they will be able to refer you to the best and cheapest way to go, and they won't charge you for the help.

It is wonderful that you want to raise this baby with your husband...good luck and God Bless all 4 of you!