Legal Question in Family Law in Louisiana
international adoption
In 2006 I adopted a son from Guatemala. At that time, my fiancee' pretty much paid for the international adoption in its entirety. He did not want to put his name on the birth certificate. Just recently we have split up and he is threatening to sue me for the monies paid for the adoption. Can he legally do this? Will I have to pay him back for the money he spent on the adoption of my son?
2 Answers from Attorneys
Re: international adoption
I agree with Mr. Casanave. I would add that the adoption cost may be treated like the engagement ring. If you broke up the engagement, you have to give him the ring back, if not you do not. I would lean toward the cost being a gift. Since he did not want to adopt the child, he did it for you without condition since it appears to me the marriage did not depend on the adoption going through since he wanted nothing to do with the child yet paid for it. Nothing would have changed had you married him. But others could disagree.
Re: international adoption
This question is so unusual that, without a great deal of research, and more information, it is hard to predict what a court will decide.
My first thought is that paying for the adoption might be seen as a gift. He did not adopt the child himself. He merely financed the adoption.
His argument would probably be that this should be treated like a loan. Obviously, if you had signed a promissory note he would easily win this argument. Without that, he would have to prove it was a loan. His biggest problem in that argument would be that collection was not an issue until you broke up.
Best wishes.