Legal Question in Family Law in Florida

Adopting a family member unborn child.

HELLO, My cousin is 21, and have a two year old, and a one year old. She is not working not in school and her mother is basically taking care of the kids. she recently found out that she is pregnant with her third child. She doesn't know who the father is and she is certain that she can not handle a third child. She was thinking about placing the baby up for adoption, but I decided to take the child as my own when he/she gets here. my question is what are the procedure we need to do to sign over her parental rights? Are there any legal fees or home studies that must be completed?

Asked on 8/20/07, 8:22 pm

2 Answers from Attorneys

Re: Adopting a family member unborn child.

She must agree and sign papers giving up her child. If possible the father must be contacted and do the same. A home study must be completed but a family member adoption is relatively simple. If both parents agreee the Adoption should be much less expensive. Depending on the hours needed and court hearing time approximately $2500.

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Answered on 8/22/07, 3:46 pm

Scott R. Jay Law Offices of Scott R. Jay

Re: Adopting a family member unborn child.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you wish to adopt the child, then you must go through a formal adoption. A Petition for Adoption must be filed together with several other pleadings. The mother will have to give up her parental rights in order for you to adopt the child. A hearing before the court will be required.

My office has handled several adoptions over the years and the process has gotten much more simple in recent years but an attorney is all but required. Fees are capped by Florida statutes.

Scott R. Jay, Esq.

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Answered on 8/20/07, 11:29 pm

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