Legal Question in Family Law in California
Unwanted adoption from spouse
My co-workers husband adopted a baby-girl without her consent. He adopted the child in CA. She is in the military and is stationed in VA. He is living in CA. The husband refuses to discontinue adoption (process is complete to my knowledge). Does he have the right to adopt without her knowledge and written consent. If he doesn't, what avenues can she take to get the adoption backed out. She has a 11 year old son, miscarried with twins a few years ago and doesn't want any more children. Her husband has tried to make her feel guilty with comments such as ''You will learn to love her'' and make her feel guilty with statements like ''How can you just give up a baby like that''. She has contacted military legal in CA. and they stated that she has no rights to back out the adoption. She contacted social services in CA. and they are pretty much saying the same thing. Is it true?
2 Answers from Attorneys
Re: Unwanted adoption from spouse
I claim no particular knowledge of CAL law.
However, generally the rule is that no particular individual will have consumated any adoption without his or her individual consent. On the other hand, I know of no law which would enaable
a spouse to prevent the adoption of an infant
by the other spouse. My impression of your statement is that the infant is in California.
Such unialteral action by one spouse without the other spouse's consent might be one element, which combined with other elements of conduct, might in the aggregate constitute "mental cruelty".
Re: Unwanted adoption from spouse
Under the adoption law of most states, both parents must consent to the adoption of a child or children or the adoption is considered either void or voidable.
Your co-worker should send official notice(certified mail-return receipt requested) to the folks out in California who are handling the legal as well as the social service aspects of the matter, putting them on firm notice that she opposes this adoption and absolutely withholds her consent to it.
She cannot be accused of "backing out of the adoption" to which she was never a party. Even if
she had initially consented, adoptive parents in most states have up to 180 days after the decree is finalized to change their minds.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
