What does my sister have to do to relinquish her rights to her unborn child and allow me to adopt her?

It is true, as Mr. Beaulier says, that rights to a unborn child cannot be relinquished. (Georgia allows birth *fathers* to sign pre-natally, but we don't know who he is.) It is also true that the father *could* sign up with the "Putative Father Registry" in Georgia, in which case his rights would have to be specifically terminated. But the likelihood he would do that, especially in the case of a rape, is very, very low. Still, since we're talking about a newborn, most judges will want ads run both in Clayton County (your residence county, correct?) and in the county of your sister's conception. And indeed, if your sister was a victim of rape, that *could* be a basis for termination, but less so if she did not report it to the police (which many women, understandably, do not do; but it's a harder case to make if it was not reported). Having elaborated on all that, the good news is that you do not have to tangle with the dreaded ICPC (the Interstate Compact on the Placement of Children). Because you would be adopting your niece, the relation is close enough that you are exempt from that pile of bureaucratic headaches! The remaining question is whether there needs to be a separate lawyer in TX to handle termination of your sister's rights there. (I say "termination," but legally, of course, she will become the child's aunt.) Since the ICPC isn't an issue, she could probably simply come to Georgia to give birth (normally a risky strategy that some people hope, falsely, will eliminate the ICPC). Either way, she could probably additionally sign a waiver of Texas law, and explicitly opt to be governed by Georgia law. The definitive answer on this would really come from a Texas lawyer --- some states (like California) are very persnickety about their citizens' attempts to avoid application of their state law, and (for example) just going to another state doesn't mean their regular home state law doesn't apply. I'm not in my office right now where I could at least check some books on this question. But it's probably available online somewhere. Quite possibly, though, the whole thing could be done under Georgia law in the Superior Court of Clayton County. Ms. Elsey is correct that shaving pennies off attorney's fees can be penny-wise and pound-foolish; and I appreciate her referencing me in her answer! If it's relevant for you, I *do* reduce my fees by percentages beginning at twice the federal poverty level. But there would be the expense of my travel from Savannah (over 3 hours to your side of Atlanta). My parents live in Atlanta, and I could stay there, but the travel would still be an expense. If you want to ask further questions, my website, below, has an e-mail link to me, and other contact information. God Bless!

You and your fiance cannot do an adoption together. Only a single person, or a married couple, can adopt. So if he's just your fiance, that won't work. You'd need to be married to do it together. There are some complexities when two states are involved, and step one is to retain experiencedGeorgia counsel (we handle these type cases). The case would occur here in Georgia. Most attorneys lack experience in adoptions, and experience matters. An inability to identify the father will somewhat complicate the case. It would be critical to get a certified copy of the rape police report (that will help). Make sure you order that now. The case can happen without an adoption agency.

You can never relinuish rights to a unborn child. No termination of rights may occur unless or until the child is born. Moreover, if the father signs a document with hte parental registry in your sytate indicating he is the father, his rights must also be terminated. If your sister was a victim of rape, there is a basis to terminate those rights.

Below is a link to an adoption resource page for your state. It would be good for you to check into these resources. Adoption is not a good do-it-yourself project. Hiring an experienced adoptions attorney can end up saving you a lot of time, stress, and...yes, money. There is also an Georgia attorney on this site who seems very helpful to people on adoption questions. I've linked to his profile. Maybe he could give you some better ideas about low-cost or free legal resources.