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My sister and brother in law want my wife and myself to adopt

 
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  • Answered by:claire
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Customer Question

My sister and brother in law want my wife and myself to adopt or take legal guardianship of their baby which is due in July.

I need advice on if we are suitable as I have had a liver transplant caused by hepatitis c which I still have and have a history of alcohol abuse.

I do not drink anymore.

A further complication is that my inlaws have been investigated by social services for neglect.

Any advice would be welcome.

Thanks in advance

 

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Province/Country relating to question : Herts

Already Tried:
This is the first time we are exploring the legal point of view

Submitted: 405 days and 7 hours ago.
Category: UK Family Law
Value: £47
Status: CLOSED
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Expert:  claire replied405 days and 6 hours ago.

Hi
Are social services involved at this stage?
Claire

Customer replied404 days and 8 hours ago.

I'll try and explain more, was not clear on my initial question.My wife's brother is living with his partner at my father in laws house.They have 2 young children (22 months and 9 months) by my wife,s brother and 1 older child (6 years) by another father, the older child a while back had a bruise that the school picked up on and was taken away by the social services and given to my brother in laws girlfriends parents until the court case was resolved, at this time my brother in law and partner were living in their own flat, the social services threatened to take the other children away,, however they decided that as long as my brother in law and partner moved in with my father and mother in law the children could stay.Other info:The older child who was brushed has never accused my brother in law or his partner, he has never said who it was.My brother in law and partner deny any wrongdoing, they are also not the brightest of peopleThe court case is happening at the moment and will be resolved end of this monthThe query I have is that my brother in laws partner is pregnant and due in July, she has offered us the baby and is adamant that the will give it up for adoption in any case. However no one has explored the legal side of us taking the baby on and in particular given my history as per the first message whether is would be possible anyway. In short:How would the social services/lawyers be involved for the options of adoption or legal guardianship and if would we meet the criteria anyway.We both work full time, I smokeI have had a liver transplant, stll have hepatitis c which may require another transplant in the future and a history of alcohol although I do not drink anymoreWe do not have any criminal recordsI am 47, my wife is 37We do not have any children

Accepted Answer

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Expert:  claire replied404 days and 8 hours ago.

HI
Assuming that Social Services are not still involved when the baby is born there is no reason why the baby should not be given into your care if this is what you all agree
You will not be able to apply to adopt until the child has lived with your for three years - by which time there will be no chance of the adoption being refused since the child will be established in your care.
If social services are involved at the time of the birth matters will be more complicated as they will wish to do a Viability study and your health will give cause for concern
Claire

Expert TypeFamily Solicitor
Category: UK Family Law
Pos. Feedback: 97.7 %
Accepts: 12349
Answered: 5/11/2012

Experience: 25 years experience of all aspects of family law

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