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ED: What rights would Amy have to get Kyle back? |
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#1 |
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Join Date: Nov 2010
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ED: What rights would Amy have to get Kyle back?
Any after giving him away?
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#2 |
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Join Date: Nov 2010
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#3 |
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Join Date: Jun 2011
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None: his legal guardians are his parents' next of kin - not the state, not Amy.
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#4 |
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Join Date: Jan 2009
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Quote:
None: his legal guardians are his parents' next of kin - not the state, not Amy.
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#5 |
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surely it's reversible/fightable?
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#6 |
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Quote:
surely it's reversible/fightable?
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#7 |
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it's not a case of she can't though. it's a case of the real mother wanting her own child back. seems daft
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#8 |
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Quote:
it's not a case of she can't though. it's a case of the real mother wanting her own child back. seems daft
Saying that, I wonder how the Dingles got around that with Debbie, when she was a young teenager? Perhaps it wasn't a legal adoption in her case - maybe Charity literally just left her as a newborn with her adoptive mother, who then claimed she was hers, and registered the birth and so on. |
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#9 |
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I see. all rather strange. and so permanent in that a real mother can give up her rights for life when at such an age to be unable to make a decision responsibly.
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#10 |
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Quote:
Saying that, I wonder how the Dingles got around that with Debbie, when she was a young teenager? Perhaps it wasn't a legal adoption in her case - maybe Charity literally just left her as a newborn with her adoptive mother, who then claimed she was hers, and registered the birth and so on.
She first arrived in the village as a foster child for Paddy & Emily. |
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#11 |
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Join Date: Dec 2012
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Martin and Sonia got their daughter back on EE and this is the same story so I assume she will get him back.
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#12 |
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She doesn't have any rights, she gave those away when she put the child up for adoption. The grandmother is the legal guardian now and I would think that the grandmother has made provisions if anything were to happen to her as well. Quote:
Martin and Sonia got their daughter back on EE and this is the same story so I assume she will get him back.
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#13 |
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Quote:
None: his legal guardians are his parents' next of kin - not the state, not Amy.
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#14 |
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Join Date: May 2012
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Quote:
I don't think Debbie was ever adopted by anyone.
She first arrived in the village as a foster child for Paddy & Emily. |
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#15 |
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If for instance Joanie became close to Amy and saw how Kyle and Amy had bonded, if it got to the point that maybe Joanie couldnt cope anymore and wanted Amy to take Kyle, would there be any problem with her being allowed to do so?. I cant find an answer to that one.
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#16 |
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Quote:
I see. all rather strange. and so permanent in that a real mother can give up her rights for life when at such an age to be unable to make a decision responsibly.
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#17 |
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Quote:
If for instance Joanie became close to Amy and saw how Kyle and Amy had bonded, if it got to the point that maybe Joanie couldnt cope anymore and wanted Amy to take Kyle, would there be any problem with her being allowed to do so?. I cant find an answer to that one.
But you can't just decide to given give up your legal rights of guardianship without social services being involved. |
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#18 |
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No there wouldn't be - the legal guardian has asked someone to look after the child. As long as the grandmother retained legal guardian status and appointed Amy as legal guardian upon her death, there'd be no issues.
But you can't just decide to given give up your legal rights of guardianship without social services being involved. |
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#19 |
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Once someone gives up their child for adoption they forfeit any rights to bring up the child. It's a shame if the original mother changes her mind but the law protects the child and the adoptive parents and there's nothing the birth mother can do. This is a soap though and Joanie might eventually give Kyle to Amy.
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#20 |
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does everyone agree then that a birth mother should be rendered rightless?
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#21 |
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does everyone agree then that a birth mother should be rendered rightless?
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#22 |
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For the protection of the child adoption is final and legally watertight. There is no going back under any circumstances. Once a child is adopted the adoptees become the childs parents in every way and the law fully supports them as it would a natural parent - in exactly the same way.
The natural parents have absolutely no rights, including rights of access. It may seem harsh but it is to protect the child and in my opinion is utterly justified. I hope Emmerdale are careful with this storyline and don't give the message out that once a child has been adopted that the natural parents can regain access or custody. They simply cant. |
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#23 |
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they probably already are giving that impression hence the confusion demonstrated in this thread.
I agree with the "protect the child" points but just seems so anti-nature at the same time |
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#24 |
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Quote:
they probably already are giving that impression hence the confusion demonstrated in this thread.
I agree with the "protect the child" points but just seems so anti-nature at the same time |
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#25 |
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the Adoptive Grandmother would have to make her the legal guardian, assuming she's the legal guardian herself.
Amy has no legal rights to claim custody but if something were to happen to the grandmother and there was no other family I guess she would be considered by social services instead of care |
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