QUESTION

Is it possible to get custody of our unborn nephew?

Asked on Nov 02nd, 2013 on Child Custody - New York
More details to this question:
My husband's brother and his girlfriend are pregnant with their second child. They feel they cannot have another baby and want to put him up for adoption. We offered to adopt him but they do not want to feel that we are "fixing their problems" and want a closed adoption. We feel this is unfair to our family as a whole unit and believe that we could give him a loving home and access to his birth family. Is there anyway we could get custody? Or is their right to choose adoption greater?
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4 ANSWERS

Divorce Attorney serving Greenville, SC
Partner at McManaway Law, LLC
2 Awards
The choice is theirs, however, I am surprised that they would rather let a stranger raise the child then family members. You cannot adopt until the child is born.
Answered on Nov 27th, 2013 at 3:10 AM

This response is general in nature and should not be considered legal advice.

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You have no rights, they do. Therefore their right to choose is greater.
Answered on Nov 27th, 2013 at 2:18 AM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
4 Awards
You have no rights or say in the matter. Your best bet is to convince them that it would be a good situation if you adopted the child.
Answered on Nov 21st, 2013 at 5:36 PM

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Bruce Provda
Yes, they can choose not to terminate their parental rights unless they approve of the adoption.
Answered on Nov 21st, 2013 at 5:36 PM

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