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my cousin had her second child 3 days ago. My mother and I want to keep the baby in the family, but the biological mother wanted to choose the adoptive parents. she chose strangers living a state away. the newborn baby came up positive for drugs in his system today. We still want the child and are not sure if we have a case to fight for us adopting him. I know the adoptive parents are nice people, but we really feel that the newborn should be kept in the family since it is possible and very much wanted. Do you think this could hold up in court and possibly rule in our favor?
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I do not believe you would have any rights to adopt this baby if the biological mother has agreed to allow some one else to adopt him. She would also have to get the consent of the biological father. She has parental rights, and has the right to choose who adopts her baby.
Answered on Dec 28th, 2014 at 2:16 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship