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I have a complicated situation, and I'll try to sum it up. My husband and I have been approached to adopt his biological niece. His parents passed away when he and his sister were young and his sister was lucky enough to get adopted by her foster family. Her foster parents have had temporary guardianship of our niece since she was born, as my sister in law had the baby in prison. Her parents have recently come to us with news of serious health conditions that are going to prevent them from being able to take care of the little girl (she is 13mo) My sister in law has been out of prison for about 9 mos, and has not shown any interest in being a part of the girls life. She calls when she needs money, but doesn't even ask how her daughter is doing, it really beaks my heart! Anyways, from what we understand she is pg again and has a warrant for her arrest that will put her back in prison for at least 2 yrs. So... I guess my question is, does anyone know what we should do first since we may or may not be able to get ahold of her to get consent? I plan on talking to a lawyer, we just haven't had a chance to get together with one yet, as this was just brought to us in the last week or so. Plus it's always nice to talk to 'real' people with real life expreience. Sorry this is so long! I really appreciate any feedback I can get Lindsy DS Warren 5-13-03
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U definitely need to talk to your lawyer, because there is no way I could know the laws of your state for trying to adopt a relative where the mother is missing. I strongly suggest you talk to a lawyer to learn how this adoption can happen. Good luck! It is a good thing that you and your husband want to provide a home for this child and be this child's adoptive parents.
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Lindsy,
You, along with your attorney, can engage in talks with CPS. Since your niece is already in the custody of the state, CPS may move towards involuntary termination of her mother's parental rights, and can also take custody of the child she is carrying at birth. CPS almost always prefers placement with biological relatives, and may also allow your SIL to voluntarily relinquish and place both children with you.
You'll also need to voluntarily or involuntarily terminate the biological father's rights, either known or unknown. Each state has a procedure for this, usually notifiying all identified biological fathers and an 'any unknown birthfather' procedure.
HTH, best of luck.
Regina