Q: Can I adopt my sisters unborn baby?
My sister recently found out she is pregnant and and feels as though she wouldn't be able to handle anymore children. She already has kids but doesn't want anymore. She has asked me and my husband to adopt. My sister is unmarried and says the father doesn't want the baby either. Could we file any documents online?
A:
The short answer is "yes." The long answer is "you need an attorney."
Even though the father "doesn't want the baby," his rights will have to be terminated. He can consent to terminating his rights, but there will need to be an action to do so filed when you file the petition to adopt. I am unaware of any way of filing these actions online. You could try contacting Utah Legal Services and Utah's Adoption Connection to see if they have any self-help resources to assist you. https://www.utcourts.gov/howto/family/adoption/
Jason F. Barnes agrees with this answer
A:
Hello that is exciting news for you and your spouse, I am sure. If you are asking if you can file the adoption case online with the court instead of going in-person to the court clerk's office, then I am not aware of a pro se party (i.e. someone who is not represented by an attorney) being able to do so, like an attorney who can file a court case over the internet, using one of the court-approved court filing services.
Just so you are aware, this type of adoption, if done without an adoption agency, is called a direct private placement adoption (or an independent adoption). Because there is no adoption agency involved, these cases are very complicated, and although you can represent yourself ("pro se"), it is not advisable, especially when it comes to these types of cases. You are welcome to contact our office and have a free consultation. As a side note, termination cases can be joined with adoption cases in District Court, but they have to be properly plead.
A:
Hello that is exciting news for you and your spouse, I am sure. If you are asking if you can file the adoption case online with the court instead of going in-person to the court clerk's office, then I am not aware of a pro se party (i.e. someone who is not represented by an attorney) being able to do so, like an attorney who can file a court case over the internet, using one of the court-approved court filing services.
Just so you are aware, this type of adoption, if done without an adoption agency, is called a direct private placement adoption (or an independent adoption). Because there is no adoption agency involved, these cases are very complicated, and although you can represent yourself ("pro se"), it is not advisable, especially when it comes to these types of cases. One other note. If you do not reside in Utah, there is a whole body of law, called ICPC, which will need to be complied with before the child is removed from Utah. You are welcome to contact our office and have a free consultation. As a side note, termination cases can be joined with adoption cases in District Court, but they have to be properly plead.
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