If both birth parents sign away rights to a child and another couple is set to adopt the child, can the birth father’s aunt then challenge the adoption?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If both birth parents sign away rights to a child and another couple is set to adopt the child, can the birth father’s aunt then challenge the adoption?

Can the aunt challenge the adoption prior to the birth of the baby?

Asked on September 4, 2012 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The only two people that have standing or the right to challenge an adoption are the parents of the child-- the mother and the father.  The exception to this rule is if one of the parents is not competent to make the decision because they are not mentally or legally capable to do so, then their legal guardian could step in and make the decision.  If the aunt is not a guardian and dad is competent, then there isn't much that she can do legally to stop the adoption.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption