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About Colleen
Expertise
I can answer questions about the adoption process. I don't handle questions about searches for adoptive parents.

Experience
I have three adopted children. The two youngest were adopted as infants. In both cases, we dealt with the birthmother during her pregnancy and a bit afterwards. Our children are now old enough to begin asking questions and we are dealing with those issues.
 
   

You are here:  Experts > Parenting/Family > Adoption > Adoption Issues > Can a woman give a child away?

Topic: Adoption Issues



Expert: Colleen
Date: 1/7/2008
Subject: Can a woman give a child away?

Question
Hello,
I have a friend who's former girlfriend contacted him 6 months after they broke up.  She says that she secretly had a baby and gave that baby to her sister and brother-in-law to raise because they have no children of their own.  

She has since changed her mind and wants the baby back for her and my friend to raise.  Is this possible?  

I think that IF she did have a baby and gave it to her sister, why would the sister give it back.  If the sister adopted the baby, is that legal w/o the father's consent?

Answer
It's hard to say without knowing exactly what happened when she gave up the child.  Also, it depends on the adoption laws in her state.  Most times for a legal adoption to occur the consent of both the father and mother are necessary.  If it wasn't a legal adoption, then the sister and brother-in-law would have no legal rights.  Your friend would need to get more information, take a paternity test and see an attorney if he wants to pursue this.

He may want to consider the best interests of the child, however, which might be leaving him or her where she or he is with the sister and brother-in-law.  A child is not something to be bounced back and forth on a whim.  Serious consideration needs to be made on this.

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