Legal Question in Family Law in Missouri
Adoption
We know a girl who is pregnant and wants to give her baby up for adoption. We want to adopt this child. Is it legal to not go through a lawyer and just sign the birth certificate at the baby's birth? Would that make him legal ''ours''? Or would she have to go through an adoption process with the home study, lawyers, etc.?
1 Answer from Attorneys
Re: Adoption
First of all, the hospital would not allow someone other than the biological mother to be on the birth certificate. Additionally, the birth certificate is a legal document and any fraud perpetrated in its execution is a criminal offense. Any lie about the paternity of the child is another criminal offense. But even if you did fake everyone out and both of you had your names placed on the birth certificate, and you signed it, the mother's parental rights would not be terminated and she could come back anytime and take the child. Additionally, the bio-father can come after you at any time, even if the girl says she does not know who it is, if his rights are not terminated. You need to contact an attorney. There are several requirements to make the baby "yours." The mother has to sign a surrender no sooner than 5 days after the baby's birth. She must be represented by an Attorney other than the Attorney handling the adoption. She must have 2 counseling sessions by a mental health professional. She must be over 18 or else her parents have to sign. And on and on. If you cannot afford to do the adoption, then you probably cannot afford to raise the child. Doing it right makes the adoption irrevocable.