What Recourse Does Family of Deceased Man Have to Adopt his Unborn Baby When Mother Wants to Give to an Unrelated Family?

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“My Brother recently passed away and shortly after I was informed that his girlfriend of a year was pregnant. I made contact with her soon after this and learned that she was pregnant and believed it was his and was releasing the baby for adoption. She is living in an Adoption Network apartment in southern California. We expressed interest in adopting the baby and she mutually agreed that she would like for us to adopt the baby, but she needed to first check with her case worker. She let me know that she had already picked a couple to adopt the baby and they have been out to California from Alabama once. I have been in constant contact with her, but feel she is not being honest with us. Her due date is approaching and I am in fear that if we don’t do something that my nephew will be living with people other than his blood relatives that want and love him. Is there anything that we can do? Please Advise~Thank You Soo Much!!”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

First, please accept our condolences on the passing of your brother.  What a sad situation.

Next, I suggest that you contact Southern California family law attorney Michael Oddenino, at 866-323-5330.  It may be that you really have no recourse available to you through the legal system, but if you do, Mr. Oddenino will know, or will be able to point you in the right direction.  Also ask him about the possibility of you being granted some sort of proxy or power of attorney regarding the child, through your brother’s estate.   You should also check to determine whether your brother left any instructions regarding his unborn child in his will.

Good luck.



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Author: House Attorney

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