What is the difference between signing over parental rights and adoptions?

Question

I know a woman that is wanting to give her child up for adoption and I want the child. I was trying to see what would be the best option. I mean would I have to go through all of the legal tape if she just signs over her legal rights to me? I really need your help on this, I want this child and I really don't want this child to go from home to home by being in the system.

Answer 1

Check with the child welfare agency were you live.  Every place has different laws regarding this.  She will still have to sign over her legal rights regardless.  There are private adoption agency's that can and will do adotions this way.  If you do it this way, then the child does not have to go into the system.

Answer 2

you really need to contact a lawyer to make sure the process is done correctly.  if she just signs over parental rights, she can possibly regain custody of the child.  she can claim she was under distress, mental anguish, yadda, yadda, yadda.  if you adopt the child, there's no recourse after so many days (the number of days depends on the state you live in).  while the adoption is in process,  you can have her sign over parental rights the legal adoption is complete.

Answer 3

I highly recommend speaking to a local adoption agency that specializes in "identified" adoptions.  They can point you in the right direction and explain all of the options available to you and your friend.  Please remember though that both biological parents will need to be involved with any decision that is made.  

I recommend an adoption agency rather than child welfare first because I would be hesitant to tell the state that there is a parent who is thinking about relinquishing her rights.  They may try to step in and place the child in foster care or coerce her into doing something she doesn't want to do.  By talking to a reputable agency, they will give you all the options out there and provide you with the best advice on how to proceed.

Answer 4

You talk about the woman what about the father of this child? Does he know? If neither of them what the baby adoption is the best way for you to go. And with the way I hear it a baby is what everybody wants.

Answer 5

Keep in mind that no matter how you do it (private or state agency,) the parents must relinquish their parental rights before anything else can happen.  This is an entirely separate event from an adoption.  Relinquishment of parental rights can happen without an adoption occurring, even if eventual adoption is the desired outcome.  Relinquishment doesn't guarantee an adoption.

After relinquishment, there are legal channels that must be followed before an adoption can be finalized.  Adoptions do not finalize just because a child is placed in an adoptive home.  In most places, it takes about 6 months before an adoption finalizes.  Until that time, the state has legal custody of the child, even if you have physical custody.  

Check with the laws in your state to see exactly what must be done.

Answer 6

Guardianship would be the best option for you.  In the county that I live in guardianships are done through the probate court so you do not have to have a lawyer.  It doesn't matter if the Mother agrees that you should be the childs guardian or not, you can petition to the court why it is in the childs best intrest that you be appointed guardian.  It would be best for you to do this before she gives up her perental rights, because the last thing you want is for this child to get put into the system, and unless you are a relative it would be really hard if not impossible to get this child.  Also if the child is living with you now it shows that you have already grown a relationship with the child.  This whole process is kind of long and there is a lot of paper work, but it's a lot eaiser to establish a guardianship then to adopt.  The court would rather place a child with someone that they already know (so long as it's a safe and stable) then put them in the system.  All guardianship guidlines are different in every county, so you would need to find out how it works in your county.  After your guardianship is appointed and the Mother gives up her perental rights you can then adopt the child or remain the childs legal guardian.  ( If you remain the guardian then the child is can get state funding until they reach 18.  If you adopt then you are completely responsible for the child, there really isn't that much difference between a legal guardianship and an adoption- as a guardian you can  change the childs last name to your own)  

I am very familiar with this process because I am going through a guardianship for a child that has been living with me for the past year and a half, the Mother does not agree with the guardianship, but the court really does do what is in the best interest of the child!  Good Luck.

Answer 7

My son was a foster child, and I relinquished my rights with the expectation that a certain family would adopt him. I was told that they would do a background check, a home visit, etc (just like for foster parents) before placing him. Perhaps you should get your foster care licensing, first... Then when she signs her rights over you can apply for "kinship placement" since you know the parent and the child. That gives you more pull than almost anything else. Check with an adoption lawyer first, though!!!

By the way, they did get to adopt my son.