i was wondering if my sister adopted a child…..after the adoption is final can she give me guardianship of the child

I need answers

Asked on March 16, 2012 under Family Law, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I can hear the desperation in your voice and I hope that this guidance can help calm you to think clearly here.  It sounds as if you may not be able to qualify for adoption yourself so what you are hoping is that your sister can adopt the child then give guardianship to you to raise him or her.  I understand that the guidelines for adoption are probably so strict and that you may in fact be a wonderful parent but according to the "guidelines" you can not yourself adopt.  What I am worried about is that your sister would be perpetrating a fraud and I would not want to see her get in to any trouble.  The general rule is that once the adoption is final she would be the legal parent of the child and generally speaking, she can transfer guardianship to another.  Some states do, though, request reaffirmation of the adoption at a certain age.  What if the state triied to set the adoption aside?  How would that work then? Or if it all went okay and then reaffirmation is required would you tell the child that you are not its legal parent?  Please think about this.  Good luck.

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