Expert: Peter C. Winkler, CSW - 2/15/2011

Question
My husbands niece is pregnant. She has been approached by her friends parents about doing an open adoption. The father is willing to give up his rights. Our family wants to keep the child within the family. My husband and I are willing to either adopt or take guardianship of the child. If she is going to put the child up for adoption do we have any rights? Can we fight to adopt the child and keep her in the family. She is 19 an very immature, very easily manipulated. She will not listen to any family members.

Answer
Hi Linda-
Since adoption laws vary somewhat from state to state and because I don't know all the facts, I would urge you to identify an adoption attorney in your state with whom you can discuss the case.  
I believe that generally speaking you and your husband do not have legal rights to the child, but the attorney should be able to offer some advice about possible actions you can take to have the child placed with a family member.  It also might be more helpful if your husband maintains a dialogue with his sister or brother and spouse regarding your desires to adopt this child.  Finally, if the child is adopted by this other family, you can try to ensure that the adoptive family signs an open adoption agreement that includes members of the extended family and which allows frequent contact by family members with the child.  You could ask the adoption attorney about such an agreement.