If both birth parents sign away rights to a child and another couple is set to adopt the child, can the birth father’s aunt then challenge the adoption?

Can the aunt challenge the adoption prior to the birth of the baby?

Asked on September 4, 2012 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The only two people that have standing or the right to challenge an adoption are the parents of the child-- the mother and the father.  The exception to this rule is if one of the parents is not competent to make the decision because they are not mentally or legally capable to do so, then their legal guardian could step in and make the decision.  If the aunt is not a guardian and dad is competent, then there isn't much that she can do legally to stop the adoption.


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