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Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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I have had my sisters child since birth. She is now 4. My

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I have had my sister's child since birth. She is now 4. My sister gave her to me for 2 reasons. 1. because I can not have kids and 2 the child was not her husband's. When the birth certificate was filled out Mine and my husband's names were put on it. I need to know if there is a form or something we need to do with the courts because her Husband wants to try to have both her and I arrested because she filed for divorce. Both my sister and the child's father want her to stay with us and are willing to sign a termination of Parental Rights if they need to. I am in Missouri and my sister is in FL and the father is currently stationed overseas
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Jack R. replied 9 months ago.

Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

 

You have a serious situation here. Your sister may have an issue surrounding falsification of a birth certificate. She should check with a local attorney to see how the birth certificate can be rectified. It is very odd to see an incorrect birth mother on the birth certificate. I don not believe the courts will be too happy to see that mother and aunt conspire t falsify a legal public record,the birth certificate..

 

Under the law, a child born to a marred couple is presumed to be the issue of the husband unless the biological parent of the child contests paternity normally within 2 years of birth.. If your husband was not the biological parent then he may not have any claim to as the legal parent to the child.

 

There is no form that can be completed. If you legally want the child you will need to adopt the child. Normally an adoption can only occur if both parents agree, Your sister's husband/father does not have to agree and can petition the courts to take the child away from you..

Given the fraudulent birth certificate you have a substantial issue. There could be allegations of insurance fraud if you claimed the child on health insurance. You should contact local counsel to get the situation rectified.

 

There is no issue with you taking care or raising the child as long as it was drone with mother's approval and the child was properly cared for. By getting the Birth Certificate fixed and proceeding to adopt the child you may be able to avoid any further legal fallout.

 

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Customer: replied 9 months ago.

Would we both be responsible is the Hospital is the ones that filled out and filed the birth certificate? They knew that I was taking custody of the child and there was no exchange of money or anything like that. Child was not claimed on insurance as I always did cash pay.


 


And does her husband even have a claim because he is not her biological father either. I have notarized statements from both my sister and the father stating that they were having this child for my husband and I because we could not have children.

Expert:  Jack R. replied 9 months ago.

Based on the additional information provided it is not as bad as I originally indicated. Florida law does allow what you have done, if done in a prescribed manner.

What you are referring to is called a gestational surrogacy. For a gestational surrogacy Florida Statute 742.15. states that a couple wishing to enter into a surrogacy arrangement must sign an a surrogacy contract with the gestational surrogate to carry a child prior to the surrogacy. The contract must meed certain legal requirements identified in the statute.

Upon the child’s birth, the surrogate must deliver custody to the intended couple. The surrogacy agreement is reviewed by the Court to confirm that it is in accordance with the law so that a new and accurate birth certificate can be issued. It appears you may have skipped this step and submitted a revised birth certificate without Court approval. Presenting your agreement to the court now might be sufficient to legitimize the birth certificate. It will also defeat any claim by the husband. A local attorney can best advise you how to proceed at this point.

Florida Statute 742.15 identifies the contract requirements. Here is a link to that statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0742/Sections/0742.15.html

The affidavit if properly drafted may be sufficient to establish a contract if it meets the requirements of the foregoing statute. You should contact a local attorney to make sure that the surrogacy has been properly and legally completed.

If a valid surrogacy is not in place. The law infers that a child born to married couple is the child of the husband. A genetic father must indicate his paternity typically within 2-3 years of birth to challenge the presumption.

Hospitals are normally aware of the rules surrounding birth certificates. They may have assumed you completed the legal requirements for a gestational surrogacy.

The legal consequences may not be as dire as when I first answered given the additional detail provided. Since there appears to have been a bona fide attempt to establish a surrogacy the Court will probably not create any concerns for you.. You should definitely make sure everything has been completed legally.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).







Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience: OHIO//Texas Attorney Civil/Crimnal Practice
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