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Roger, Attorney
Category: Family Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If I am an adoptive parent to a 9 year old child, and her birth

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If I am an adoptive parent to a 9 year old child, and her birth mother has a baby taken in to State's care, does our family have any legal advantage in adopting this baby due to kinship? Baby is in New Mexico.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : Legally speaking, there is no advantage to you or your family based on the fact that you have already adopted a child from the same birth mother.
Kirk Adams : However, from a moral standpoint, doing this would be a good thing and may win you some favor - - even if it is unofficial favor.
Kirk Adams : The reason there's no legal advantage is that when the child is adopted, he/she severs all ties with the biological parents, so there would be no legal benefit here.
Kirk Adams : Thank you for allowing me to assist and please let me know if you need anything further. If so, I'll be glad to respond.
Customer: What if it an open adoption with the 9 year old and she has emotional ties to the birth mom? Same thing?
Kirk Adams : If it were an open adoption, then there certainly could be a claim that it's in the best interest of this child to be placed with the other sibling in order to try and maintain a connection with the biological mother/father. However, it's not a given that the court will see this as the most important issue.
Kirk Adams : Also, the same would go for the child being able to live with the other natural sibling (it would mean more if the children lived together prior to adoption, however).
Kirk Adams : But, again, these are better suited as moral arguments than legal ones. Alone, the fact should not have much affect, but a court could consider this in terms of what is in the child's best interest.
Customer: Fantastic clarification! Thanks--I'll leave excellent feedback
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