DS Forums

 
 

ED: What rights would Amy have to get Kyle back?


Reply
Thread Tools Search this Thread
Old 12-09-2013, 01:04
Paulo Leeds
Forum Member
 
Join Date: Nov 2010
Posts: 922

Any after giving him away?
Paulo Leeds is offline   Reply With Quote
Please sign in or register to remove this advertisement.
Old 12-09-2013, 01:35
Paulo Leeds
Forum Member
 
Join Date: Nov 2010
Posts: 922
Paulo Leeds is offline   Reply With Quote
Old 12-09-2013, 02:03
Menime123
Forum Member
 
Join Date: Jun 2011
Posts: 1,608
None: his legal guardians are his parents' next of kin - not the state, not Amy.
Menime123 is offline   Reply With Quote
Old 12-09-2013, 02:13
lotty27
Forum Member
 
Join Date: Jan 2009
Location: In the wine cellar *hic*
Posts: 17,562
None: his legal guardians are his parents' next of kin - not the state, not Amy.
Exactly. When Amy signed her rights away it was for good - or until the child itself wanted to get in touch. However this being a soap .....
lotty27 is offline   Reply With Quote
Old 12-09-2013, 02:13
Paulo Leeds
Forum Member
 
Join Date: Nov 2010
Posts: 922
surely it's reversible/fightable?
Paulo Leeds is offline   Reply With Quote
Old 12-09-2013, 02:22
Glendarroch
Forum Member
 
Join Date: May 2012
Location: Over the hills and far away
Posts: 12,533
surely it's reversible/fightable?
Doubt it. She agreed to give up parental rights to him. His parents might even have had asked Joanie to look after him if anything happened to them. If that was what they wanted, and there was no real reason to prevent it, Joanie would become his legal guardian I think. Joanie's age might stand against her, but in reality there's a lot of grandparents raising their grandchildren because the parents can't. I would imagine that's a scenario social services are quite used to.
Glendarroch is offline   Reply With Quote
Old 12-09-2013, 02:28
Paulo Leeds
Forum Member
 
Join Date: Nov 2010
Posts: 922
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
Paulo Leeds is offline   Reply With Quote
Old 12-09-2013, 02:44
Glendarroch
Forum Member
 
Join Date: May 2012
Location: Over the hills and far away
Posts: 12,533
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
Aye, but that's the thing - he's not legally her child any more, she doesn't have any more rights in law to be a carer for him than any passer by in the street. It might be different if his parents had specified through a lawyer that they wanted to name her as a guardian, but they didn't know her, so why would they do that, if there were other family members who could raise him? He was adopted by that family and became their child. Amy gave him up for very good reasons, and when she did that, she gave up legal rights to be his parent. It seems to have been an open adoption, where she was able to have limited contact with the parents (she knew their names and Val mentioned sending a Christmas card) but as to him being able to stay with her, I doubt she'd have a leg to stand on, particularly if Joanie is happy to keep him.

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.
Glendarroch is offline   Reply With Quote
Old 12-09-2013, 02:50
Paulo Leeds
Forum Member
 
Join Date: Nov 2010
Posts: 922
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.
Paulo Leeds is offline   Reply With Quote
Old 12-09-2013, 07:41
sheepiefarm
Forum Member
 
Join Date: Dec 2009
Posts: 18,115
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.
I don't think Debbie was ever adopted by anyone.
She first arrived in the village as a foster child for Paddy & Emily.
sheepiefarm is offline Follow this poster on Twitter   Reply With Quote
Old 12-09-2013, 09:11
avaconrad
Inactive Member
 
Join Date: Dec 2012
Posts: 1,339
Martin and Sonia got their daughter back on EE and this is the same story so I assume she will get him back.
avaconrad is offline   Reply With Quote
Old 12-09-2013, 09:28
elliecat
Forum Member
 
Join Date: Sep 2008
Posts: 8,707
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.


Martin and Sonia got their daughter back on EE and this is the same story so I assume she will get him back.
that was only because the grandmother died and made Sonia and Martin legal guardians before she died
elliecat is offline   Reply With Quote
Old 12-09-2013, 09:37
Sunnydays
Forum Member
 
Join Date: Aug 2009
Posts: 11,727
None: his legal guardians are his parents' next of kin - not the state, not Amy.
True.......unless the law has changed.......I have two adopted children.....
Sunnydays is offline   Reply With Quote
Old 12-09-2013, 10:53
Glendarroch
Forum Member
 
Join Date: May 2012
Location: Over the hills and far away
Posts: 12,533
I don't think Debbie was ever adopted by anyone.
She first arrived in the village as a foster child for Paddy & Emily.
There was a woman who Charity left her with, but I don't know if she officially adopted her or just raised her as her own. She mentioned her when she had that breakdown at Sarah's party, and ripped in to everyone.
Glendarroch is offline   Reply With Quote
Old 12-09-2013, 10:58
fi_ona
Forum Member
 
Join Date: Oct 2012
Posts: 451
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.
fi_ona is offline   Reply With Quote
Old 12-09-2013, 11:02
Glendarroch
Forum Member
 
Join Date: May 2012
Location: Over the hills and far away
Posts: 12,533
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.
It'll be to protect the child. It wouldn't be fair on him/her or the adoptive family, if they were adopted into a family, settled and happy there, and then the birth parents tried to claim them back.
Glendarroch is offline   Reply With Quote
Old 13-09-2013, 01:06
Menime123
Forum Member
 
Join Date: Jun 2011
Posts: 1,608
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.
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.
Menime123 is offline   Reply With Quote
Old 13-09-2013, 01:15
Glendarroch
Forum Member
 
Join Date: May 2012
Location: Over the hills and far away
Posts: 12,533
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.
What's the situation if the parents haven't legally appointed a guardian, as I would imagine happens quite a lot if there's an accidental death? Would the child automatically go to either the mother or father's parents/siblings or would social services come in to decide what the best option would be? I'm not referring to the situation Amy is in, I know the birth parent would have no rights, but if Kyle's parents hadn't appointed Joanie as a guardian, would social services have placed him with her anyway?
Glendarroch is offline   Reply With Quote
Old 13-09-2013, 01:16
Cuddly_Cat
Forum Member
 
Join Date: Nov 2012
Posts: 2,740
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.
Cuddly_Cat is offline   Reply With Quote
Old 13-09-2013, 01:30
Paulo Leeds
Forum Member
 
Join Date: Nov 2010
Posts: 922
does everyone agree then that a birth mother should be rendered rightless?
Paulo Leeds is offline   Reply With Quote
Old 13-09-2013, 01:58
Glendarroch
Forum Member
 
Join Date: May 2012
Location: Over the hills and far away
Posts: 12,533
does everyone agree then that a birth mother should be rendered rightless?
If I'm being perfectly honest, yes. It would be very hard on the child and the adoptive family to have to go through legal proceedings, and for the child perhaps to be taken away from people he/she knew and loved as family. Hard though it is, I think that parents have to accept that once they have given a child up for adoption, even if it is of the 'open' variety, they no longer have the right to a say in the child's life. It's what's best for the child in these situations, not the birth, or even the adoptive parents - harsh though that sounds (and believe me, I completely sympathise with any birth parent who has to make such a terrible choice),
Glendarroch is offline   Reply With Quote
Old 13-09-2013, 02:19
AuntieSoap
Forum Member
 
Join Date: Aug 2013
Posts: 1,609
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.
AuntieSoap is offline   Reply With Quote
Old 13-09-2013, 02:39
Paulo Leeds
Forum Member
 
Join Date: Nov 2010
Posts: 922
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
Paulo Leeds is offline   Reply With Quote
Old 13-09-2013, 02:56
Glendarroch
Forum Member
 
Join Date: May 2012
Location: Over the hills and far away
Posts: 12,533
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
The natural parents aren't always able to look after the child though. Look at Kyle's natural parents, and their childhoods. Would Amy and Cain have been better off in their childhoods if they had been adopted, rather than being left to the tender mercies of Kerry and social services, in Amy's case, and Shadrach and Faith in Cain's? Probably.
Glendarroch is offline   Reply With Quote
Old 13-09-2013, 05:41
Jimmy Skitz
Forum Member
 
Join Date: Jul 2010
Location: Leicester
Posts: 2,583
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
Jimmy Skitz is offline Follow this poster on Twitter   Reply With Quote
 
Reply




 
Forum Jump


All times are GMT. The time now is 12:23.