Legal Question in Family Law in Missouri

Adoption of friend two children who are illigal

I have a friend who has two girls, 13 and 15. She wants us to adopt her children so they do not get deported. They are from Mexico. They have been here for over ten years now, The paperwork nightmare with trying to do it the legal way with the INS may never happen so we thought it may be easier if we adopt. My question is! Is this possible? Can My wife and I adopt two girls who are here in America and have no legal papers to be here.


Asked on 7/02/06, 2:48 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Adoption of friend two children who are illigal

What you propose is very complex, possibly more than you imagine. The parents can give you and your spouse a sort oPower of Attorney over the girls. From that point you may be able to Apply to adopt the girls. One parent normally cannot grant you power such that you could adopt the children.

A woman cannot replace a man in adoption. That is to say that a woman cannot give a man the power to become her child's father. The biological father can grant power, or the Court can teminate the parental rights of a father. Under the limited facts you have provided, it does not seem that there grounds for Missouri to terminate the father's right. If the father is in Mexico, he wiould have to be given an opportunity to retain his parental rights.

You may have other options. I do not keep abreast of the latest appelate court decisions regarding the patriot Act. Do not let anyone rely on a simple internet Q&A exchange )like this) to make life altering decisions (such as the one you are considering) You have very limited space to describe the facts, and only general advice can be given. To make your decision, you need to consult with an attorney in detail. If you are resolved to try to adopt these childrenm hire an attorney to do research based upon the unique facts of your situation.

If the father of these girls is not in agreement with what their mother wants to do, you will have much dificulty adopting these girls.

Good Luck

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Answered on 7/03/06, 12:18 am


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