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BIOLOGICAL MOTHER vs ADOPTIVE PARENTS

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1 BIOLOGICAL MOTHER vs ADOPTIVE PARENTS on Sun May 22, 2011 11:32 am

jdiaz


Arresto Menor
Hello,

I'm married but my youngest son, (turning 4) is a product of a deceitful affair that causes the separation from my legal family. When i gave birth to him, i have decided to have my brother adopt him since i was mentally, emotionally and financially shattered that time. Also, his biological father (which i decided to not continue with the illicit affair), threatened me that he will be going to take away my son. So, having my son uses my brother's name, would be a better way to hide him from his biological father. Verbal agreement was i can have him anytime i wanted to and that he will know i am his mother. There's no legal process went through but just spoke with the doctor who assisted me giving birth and have my brother and his wife to register my son after two weeks of delivery.

Since the verbal agreement is not happening and i was not happy how they raised my son, and i am now ready to take care and reinvent myself as a mother to him; i want to know my chance of bringing it in a court proceedings. Since i was also threatened by my sister-in-law (adoptive mother) that i will no longer see my son...

Is there any possibility i can take him back? What would be the legal responsibility the doctor would be liable for? Do they can use adultery against me? I have never been in a relationship since then. My ex-husband is processing the annulment already and living with someone else.

Your response would be highly appreciated. Thank you and more power.

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2 Re: BIOLOGICAL MOTHER vs ADOPTIVE PARENTS on Sun May 22, 2011 7:00 pm

attyLLL


moderator
only your husband can file a case of adultery against you.

you can file a criminal case of simulation of birth against them including the doctor, but the prosecutor might include you also.

you will have a very tough uphill climb to attack the presumption of validity of the child. the best evidence will be to ask the court to require a DNA test.


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3 Re: BIOLOGICAL MOTHER vs ADOPTIVE PARENTS on Thu May 26, 2011 2:35 pm

jdiaz


Arresto Menor
Thank you so much for the response. Appreciated a lot!

My sis-in-law had bilateral o-ophorectomy prior my delivery to my son. Is there anyway i can spare my obstetrician with the case? My mother and brother were the one who registered my son under my brother's and his wife's name. Does it mean i will be endangering my mother to be in jail, too? Can i use my psychological disposition during that time as an argument and defense?

Again, filling me up with regards to this matter will be highly appreciated. Thank you and God Bless!

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4 Re: BIOLOGICAL MOTHER vs ADOPTIVE PARENTS on Thu May 26, 2011 6:44 pm

attyLLL


moderator
yes, it may be possible that your mother will face a charge also. on the other hand, if there is no one willing to file a case, then nothing will happen. but that is at your own risk.

the best evidence will be a dna test. but the fact that she lost her ovaries is good evidence.


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