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
Province/Country relating to question : Herts
This is the first time we are exploring the legal point of view
HiAre social services involved at this stage?Claire
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
HIAssuming 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 concernClaire
25 years experience of all aspects of family law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).