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Can My same sex partner and i adopt my sisters baby when it's born.

Brooklyn, NY |

Hello,
My sister is having a baby and she is 17. She doesn't want to be home, she is mostly in the streets. I'm am conserned because I think she is doing drugs. We have tried every thing to get her back in school and home but there is no use with her. I am afraid that when the baby is born the government will take the baby away. Is there a way in witch I can adopt the baby with my same sex partner, we are both 20 with a stable home. I don't know what my sister is going to do with her self but I really want he/she with me.

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Attorney answers 4

Posted

You have to go to family court and apply.

Posted

You and/or you and your partner can adopt your sister's daughter if she consents. Find a good adoption attorney to help you with the process.

Asker

Posted

What if she doesn't consent and the state takes the baby?

Asker

Posted

Then the baby goes to foster care and you can apply to adopt but it's never a for sure thing.

Posted

There are a couple of hurdles you have to get over before you can adopt. One is you need her consent but you also need the consent of the birth father - your first bet is to apply for temporary custody of the infant. In some states adoptions cannot happen until the child is three months old which gives you time to get all your information in place. The other hurdle is whether or not you will need a home study to insure that you and your partner are "qualified" - in NJ we do background checks and a home study. Realistically you are young yourselves and stability is objective. You would do well to consult personally with an attorney who is familiar with adoptions in NYC. Best wishes to you both.

This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby?

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Asker

Posted

What if the father is unknown and my sister doesn't consent and the stat takes the baby? I know im young but i am stable i have a home i just don't want the baby floating around.

Janice Newman Teetsell

Janice Newman Teetsell

Posted

You will still need authorization to take the baby initially - asking for a court order granting you temporary custody is a start.

Posted

As the other attorneys have suggested, you really should speak with an experienced adoption attorney. There are several in New York. I recommend you go to adoptionattorneys.org and contact one of the Fellows of the American Academy of Adoption Attorneys in your area. Also, you did not indicate if your sister also lives in New York. If not, then you should probably speak with an adoption attorney in her state of residence as well since most adoption law is state specific. Best of luck to you and your partner.

Please note this answer does not create an attorney-client relationship or provide specific legal advice. It is intended for general information only.

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