My sister-in-law wants to give me and my husband her baby when the baby is born because She cannot financially take care of the baby and wants to give the baby a better life then she can provide. We don’t want to have to go through the agency or anything but want to do it the easiest way possible. She suggested a sign on the birth certificate but I want to know legally am I allowed to do this.
No. Adoption proceedings must be properly filed in a court after the birth of the child. No, you cannot sign the birth record. After the mother signs away her parental rights, and after the father of the child is notified of the proceedings, the court can then sign a decree of adoption. You can then file the certificate of adoption with the court, and apply to the Vital Records Service for an adoptive birth record. You should consult an attorney that handles adoptions.
You can't sign the birth certificate because you are not the parents. Further, it isn't enough that she wants to give up her Parental Rights, the father of the child has to also give up his rights. Parents have a priority over caring and having the child and means both parents, not just one of them.
Get a lawyer.
Absolutely not! You really need to call an adoption attorney. We can explain the adoption process to you and give a realistic estimate of the cost. Do it now, so that everything is ready to go when the baby is born.
I think the Dr. and nurses at the hospital are going to notice when the woman who signs the birth certificate isn’t the one who just gave birth.
I agree with my colleagues above, you need to consult an adoption attorney.
This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer alone and you should always consult your own attorney in order to obtain legal advice.
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