American adoption
Question
I'm pregnant, and have decided to place my baby for adoption with family friends who live in the USA. My plan is to travel to the states after the child is born and complete a legal adoption there. Would there be a problem if I then returned to the UK without the baby?
Answer
You've done the right thing by asking for help, because potentially you're entering a legal minefield. The fact is that if you were to leave the UK with the baby and return without it, you could find yourself being accused of child trafficking. This may even lead to a jail sentence. In this view, the most effective advice we can offer is that you contact the adoption unit of your local council. This way, you have the full protection of UK law for what you want to do.
Should you continue with these plans, you will also need to ensure that everything is settled correctly in the USA according to stateside law. For advice and guidance, contact the US Embassy and ask for details of the government of the state where your family friends live. This is because each of the country's 50 states has slightly different laws surrounding the adoption of children from abroad.
In addition, although the birth father would not automatically have any rights regarding the baby, he could apply to the courts for a parental responsibility and residence order, which may prevent you from going through with the adoption. The courts would also want to guarantee that this is your choice alone to give up the baby, and that there isn't any evidence of money changing hands.
For more information on UK adoption, visit the adoption sectoion of the Directgov website.
Updated: 22/01/2009
Question answered by CAB
