Anonymous wrote:
Anonymous wrote:
The father showed NO INTEREST/the birth/or first four months.
Wasn't he deployed?
He was and got the adoption papers on deployment. Did not realize what they were, signed them, realized it, tried to cancel it and they refused. They lied about many things in the process to get around the laws.
http://en.wikipedia.org/wiki/Adoptive_Couple_v._Baby_Girl
Although Oklahoma law requires that an Indian tribe be notified, Maldonado's attorney misspelled Brown's name and provided an incorrect date of birth, so the tribe was not put on notice of the proposed adoption.
that the record reflected that Maldonado informed both the adoption agency and the adoption attorney of the child's Cherokee heritage, but the notification to the tribe did not have the correct identifying information for the father
South Carolina law does not allow a father in Brown's position to contest an adoption
Four months after the birth of the child and just days from deployment to Iraq, Brown was served with notice of the proposed adoption. Brown signed the document, believing that he was relinquishing rights to Maldonado. Brown, once he realized what he was signing, immediately tried to retrieve the document, and failing that, contacted the Judge Advocate General at Fort Sill for assistance.[24] Seven days after being notified of the proposed adoption by the Capobiancos, Brown had obtained a stay of the adoption proceedings under the Servicemembers Civil Relief Actand he deployed with his Army unit to Iraq
In other words, for a father to have parental rights, he must live with mother for 6 months during the pregnancy, and provide financial support. This makes it easy for any jilted girlfriend to arrange an adoption without the fathers consent. The adoption follows South Carolina law because that where the child was returned from. The adoption was never finalized in Oklahoma, but by lying they were able to get her out of the state
The dad has 5 days to appeal, but according to South Carolina law he cannot claim to be a father. He has applied to adopt her in Oklahoma., and the adoptive parents will have to fight the courts there It will be interesting how this ends. I would like to see how this turns out. I think South Carolina law needs to be amended. The rules under which a man can challenge a proposed adoption plan are very restrictive