I Can Not Have Children, But

Updated on October 08, 2015
M.F. asks from Forest City, NC
7 answers

I can't have children, but my sister and her fiancee, who both have a child each, want to have a baby for my husband and me (we've been married 6 yrs this Saturday). How do we do this legally? Do we have to adopt the baby? Or do they just give birth and hand it over?

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S.T.

answers from Washington DC on

you run, don't walk, to an attorney. get every detail spelled out and legal beforehand, i don't care how much you and your sister love each other. do it to protect them, yourselves and the baby.

contracts are your friend.
khairete
S.

16 moms found this helpful

J.S.

answers from St. Louis on

You need an attorney.

My divorce attorney, I know that sounds strange, but family lawyers are who handle the contracts. Anyway, he was a big advocate for family law specifically adoption and surrogate. You enter a contract which spells out everything down to who pays for what.

9 moms found this helpful

D.D.

answers from Boston on

You contact a lawyer and all of you sit down and discuss this. Then if everyone agrees you draw up a contract that outlines every single thing.

9 moms found this helpful
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A.M.

answers from Phoenix on

Lawyer. If you have an unwritten "agreement" to adopt a child that is biologically your sister's and her fiancé's, you are looking at so many potential problems down the road. Like criminal charges for kidnapping, as one of many possible terrible outcomes. You and your husband need a lawyer. Depending on the situation, your lawyer may well advise that your sister get a lawyer as well.

I think your sister is incredible to make this offer. Make everything very clear and upfront before a child is actually on the way, avoid a lot of potential heartache later.

5 moms found this helpful
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M.P.

answers from Portland on

I have friends who had a baby for her sister. I do know the sister had to adopt the baby.

5 moms found this helpful
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E.B.

answers from Beaumont on

I agree. A lawyer who practices family law. Make sure all the details are spelled out to avoid any future problems.

5 moms found this helpful

E.J.

answers from Chicago on

Lawyer that does family law so you get a written contract. But I would have a separate lawyer for both parties

4 moms found this helpful
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