El Paso, TX asked in Family Law and Adoption for Utah

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?

Related Topics:
3 Lawyer Answers
Mike Branum
Mike Branum
Answered
  • Family Law Lawyer
  • Saint George, UT
  • Licensed in Utah

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

Jason F. Barnes
Jason F. Barnes
Answered
  • Family Law Lawyer
  • Kaysville, UT
  • Licensed in Utah

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.

Jason F. Barnes
Jason F. Barnes
Answered
  • Family Law Lawyer
  • Kaysville, UT
  • Licensed in Utah

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.