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  1. #1
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    Default Can Family Members Overrule a Mother's Decision to Give Up a Child for Adoption

    My question involves adoption law for the State of: California. What is any recourse a family has when their mentally unstable adult child gives up her parental rights at birth to strangers? Father is unknown and mother used false name at hospital to avoid her family from adopting the child. Mother has mental problems and is homeless.

  2. #2
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    Default Re: Private Adoption at Birth from a Mentally Unstable Mom

    Mom's choices are entirely up to her ... and the putative father. If none is identified, it comes down to Mom's choice. Her family has no say in the matter.

  3. #3
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    Default Re: Private Adoption at Birth from a Mentally Unstable Mom

    It depends upon whether or not the mother is under a conservatorship. If she is then she is not considered competent and her conservator has the legal power to act even against the mother's wishes.

  4. #4
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    Default Re: Private Adoption at Birth from a Mentally Unstable Mom

    Quote Quoting LegalWriter
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    It depends upon whether or not the mother is under a conservatorship. If she is then she is not considered competent and her conservator has the legal power to act even against the mother's wishes.
    You're standing awfully close to the cliff edge. Best not jump off it completely, yet. Agree?

  5. #5
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    Default Re: Private Adoption at Birth from a Mentally Unstable Mom

    Quote Quoting Dogmatique
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    You're standing awfully close to the cliff edge. Best not jump off it completely, yet. Agree?
    I don't understand this comment. LegalWriter was correct, though in some jurisdictions the word “guardian” might be more appropriate than conservator.

  6. #6
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    Default Re: Private Adoption at Birth from a Mentally Unstable Mom

    I seriously doubt any legal proceedings have occurred that would prevent the mother from making this decision. I have a feeling the mother was trying to protect her child from her family. Her family more than likely is at the root of her mental health impairments. It is important to note than an individual having mental impairments and being homeless does not mean that person cannot make important legal decisions without notifying family or others.

  7. #7
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    Default Re: Can Family Members Overrule a Mother's Decision to Give Up a Child for Adoption

    Quote Quoting litlit123
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    My question involves adoption law for the State of: California. What is any recourse a family has when their mentally unstable adult child gives up her parental rights at birth to strangers? Father is unknown and mother used false name at hospital to avoid her family from adopting the child. Mother has mental problems and is homeless.
    You have no rights to anyone's child but your own. If she and the father (if one has been identified and has established his rights) agreed then that's their decision. If there is no father, then she had the right to give up her child for adoption. She didn't have to allow any of you to adopt the child.

    Quote Quoting LegalWriter
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    It depends upon whether or not the mother is under a conservatorship. If she is then she is not considered competent and her conservator has the legal power to act even against the mother's wishes.
    Just because they say she is mentally unstable doesn't mean she is. We don't have the entire story.

  8. #8
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    Default Re: Can Family Members Overrule a Mother's Decision to Give Up a Child for Adoption

    Quote Quoting LegalWriter
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    It depends upon whether or not the mother is under a conservatorship....
    Quote Quoting Taxing Matters
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    ...[T]he word “guardian” might be more appropriate than conservator.
    Or "conservator of the person". The thing is, a conservator's job is to make decisions (or assist in the making of decisions) that are in the best interest of the legally incapacitated person. Even if we assume that the mother is so incapacitated as to need a conservator to help her make informed decisions, it is difficult for me to picture a scenario in which a conservator would overrule a decision to proceed with adoption as being contrary to the best interest of the incapacitated mother, or where a judge would uphold such an intervention by a conservator. So although it could happen, (a) the conservator would be advocating for the best interest of the incapacitated person, not that person's extended family and (b) it's unlikely.
    Quote Quoting Mercy&Grace
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    I have a feeling the mother was trying to protect her child from her family.
    We have no facts to support that type of inference, any more than we have facts that would suggest that the mother is legally incapacitated and under a guardianship.

  9. #9
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    Default Re: Can Family Members Overrule a Mother's Decision to Give Up a Child for Adoption

    If someone has been given the legal authority by a court to help her make decisions why is she homeless ? Where was this person before she had the child ? If someone has been appointed by a court, hopefully someone will petition for that person to be removed. They are not doing a good job.

  10. #10
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    Default Re: Can Family Members Overrule a Mother's Decision to Give Up a Child for Adoption

    As I just said, we have no facts that would suggest that there is a guardianship in effect.

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