Legal Rights Tas a Parent to Have Your 16Yr Old to Fordeably Adopt Out Her Baby

Updated on September 02, 2010
J.P. asks from San Francisco, CA
17 answers

Does anyone know if I as a mother have legal rights to force my daughter 1-2 months pregnant to adopt out her baby? My daughets does not go to school, always truent in independant studys. Drunk at least once a month, just did extacy 3-days ago, arrested for theft/smokes marajuana/irresponsible in every way/and has anger issues. She declines counseling or rehab. Will not take medcation for adhd, and has issues had been diagnosed w/post tramatic stress sydrom? A child deserves a better life than being rased by my daughter.

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M.T.

answers from New York on

No, you cannot force her to give up the baby, you do not have that right. However, if she's drinking and/or doing drugs, you may need to report this (I don't know how you do it for an expectant mom) - social services can investigate and possibly place the baby in foster care at birth. But the damange may already be done, if she is drinking and taking drugs in pregnancy.

5 moms found this helpful
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D.P.

answers from Pittsburgh on

I agree with Riley. You may not be able to dictate the adoption of her baby but she can absolutely be placed into a rehab facility. She certainly has no right to "decline" rehab at 16.
Self medication is very common in people with ALL KINDS of things going on--PTSS, ADHD/ADD, bi-polar etc.
Drag her butt to rehab and sign her in. Get the police involved if necessary but get her to rehab....
Most likely all of this behavior stems from using drugs/alcohol and to NOT treat that first will just be a band-aid on the situation. Good luck!

2 moms found this helpful

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A.W.

answers from Kalamazoo on

Sign her up for a one year rehab and counseling facility. I'm sure you can find one through the state that is free. Do it now while she is a minor and she can't sign herself out. Hopefully this will force her to turn her life around, or at the very least, make sure that her baby is born healthy. No offense, but you're obviously not handling the situation of raising her, so you need to bring in the professionals!!!

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T.C.

answers from Colorado Springs on

I guess the only thing you can do is actually hold her accountable by getting the courts involved. Have you ever turned her into the police for these illegal activities? How did she get to this point? Surely she didn't just wake up one day and start this behavior. I'm not saying that she is not responsible for her own actions. Not at all. But, did you enable her to become like this? When have you intervened in her life? I am so sorry for your family and your grandchild. This is such a sad situation. Have you ever disciplined her? It sounds like she lives a wild, undisciplined life. I'm not talking about screaming or threats. I mean real discipline, accountability, an enormous amount of time poured into her when she was little, all throughout her life. Is her father involved in her life? What does he say about it?

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E.D.

answers from Seattle on

.

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J.B.

answers from Atlanta on

I would strongly suggest you take her to an abortion clinic. She obviously has many issues and will not care for herself or a baby while it develops in her, so she's setting up a child for a lifetime of disabilities and learning issues. If the child is born with drugs in its system or definite problems, there's a high likelihood it won't be adopted. You cannot force her to give it up for adoption. Would she consider abortion? Slap her face if she starts going off about killing her baby when she's basically doing it herself slowly and sentencing a future kid to a lifetime of problems. I'm sorry for your situation, and I know you must be frustrated and heart broken.

3 moms found this helpful

M.L.

answers from Houston on

Keep a record of everything and contact Child Protective Services and her obgyn and hospital. They will not allow her to take the baby home, you probably need to speak to an attorney, many have free consultations, or you can find out all you need from cps. You are right, this baby should not be in the same home as her.

Laws vary from state to state but you are probably legally not able to force her to have an adoption. Once a girl is pregnant, medically, she is considered an emancipated minor, and makes the decisions for herself & her baby with no parental consent required (except to abort).

Here is the Human Services Agency info in San Fransisco:
###-###-####
1-800-856-5553

http://www.sfhsa.org/174.htm

Also, she can safely surrender a baby to the state within 3 days of birth without facing prosecution and at no cost. You can do that by taking it to a fire station, or leave the child at the hospital, info here:

http://www.sfhsa.org/228.htm

Also, because she is a minor and creating a harmful environment for the baby, she can be held legally responsible and you may be able to have her forced into rehab. Call the numbers above and they can offer assistance.

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L.M.

answers from Dover on

No...this is her child and you can not force her to give it up. However, you do have it within your power to report her behavior NOW (not later after more damage is done). Report her behavior to Child Protective Services and let them know exactly what is happening. They should be able to intervene to protect the unborn child...if they can't, they certainly can once the child is born. If you daughter doesn't straighten up her act the state take the baby into custody and then help find the child a home (and later be adopted if you daughter hasn't complied).

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S.R.

answers from Medford on

No. You have no legal right to force your child to adopt out, or otherwise choose your daughters path with this pregnancy. You do have the ability to speak with and love your daughter. Make sure she is informed about the choices a woman has when she gets pregnant. She might choose to terminate this first trimester pregnancy. Living in the Bay area, she also has the ability to access many, many outreach agencies that can help educate her and facilitate a healthy pregnancy, if she chooses to keep the pregnancy. She should be told about programs like WIC and DSHS. Both will help educate her and provide resources for her care while she is pregnant and after she has delivered her baby. She is 16. She has the ability to change. You might come to her with faith and love and try to speak to her about your concerns. If you have already decided that she is a lost cause, she will not respond to your efforts. You are her Mother, act with love.

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M.H.

answers from Raleigh on

I would call social services and talk to them. I doubt you can legally force her to give up the baby for adoption, but the state can take away her baby once it is born if she is seen as an unfit mother. Good luck!

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J.C.

answers from Anchorage on

If someone forced you to give up your child, would you ever be able to forgive them?

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D.K.

answers from Washington DC on

You can't force her to do anything. It's her baby and she has all the rights here while you have none. However, do contact CPS. I believe there are laws now about harming fetuses which your daughter's behavior is certainly doing.

You also might try talking to your daughter. Strongly encourage her to give the baby up for adoption. I can't imagine why she wouldn't. It sounds like she's not the motherly type.

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C.B.

answers from San Francisco on

You have absolutely no rights concerning what your daughter does with her baby. also, if you daughter choses to go on welfare, if she's a minor, you will be paying child support to the county! At this point, she can make all her own decisions, and you have to pay for them. Wonderful system we have! I found myself in the same position. I adamantly refused to pay the child support. I told the court if the welfare department hadn't given her welfare, then she would be back home living with me and I would be taking care of her and the baby. Too bad for me! They garnished my paychecks!

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C.T.

answers from San Francisco on

Another option can be to send her away to a home for pregnant teens - you can't make medical decisions for her now but maybe you get to decide where she lives?? And maybe report her as a runaway is she bolts?? Churches usually have contacts for such places, she could get counseling while there to help her decide if she keeps it or gives up for adoption (they push adoption, but ultimately she gets to choose). Couple friends were forced there a few years ago and it worked out great...good luck

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A.H.

answers from Washington DC on

No you can't force her to give her child away.

G.K.

answers from San Francisco on

As far as I know, you have no legal rights to her baby even though she's still a minor. If it helps, this situation sounds similar to my sister, only she was 21 when she got pregnant. I know that 21 is completely different than 16, but my sister's life was a mess! We were terribly worried about her, but we gave her what support we could, so she knew and understood that she wasn't alone. Abortion was out of the question. We secretly felt the same way you do, but much to our complete surprise, my sister turned her life around once her baby girl was born. She had a relatively routine pregnancy, and she definitely had her bad moments, but once that baby was born... The entire experience changed her for the better.

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K.C.

answers from Los Angeles on

She needs some serious help and intervention right now. I know nothing about the law, though I highly doubt you can force her to give up her child for adoption (though DCFS could remove the child from her care if she proves to be an unfit mother). However, what she's doing is incredibly unhealthy and harmful both to her and the baby. She is setting the baby up for severe developmental problems.

Don't make counseling and rehab options. Force her in the car, drive her there, and make her stay. Contact her doctor today and see if he/she can help guide you toward authorities that can put her into a forced live-in program of some sort if needed.

If you believe in abortion, discuss it with her as an option. It may be the best route since she is not physically being responsible right now.

It sounds like you really want to help her but can't do it on your own. Get outside help from social services ASAP.

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