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Help with an American Case


Ok a friend in America has asked me about this.

A couple wanted to adopt a child and another in Pakistan agreed to have a baby for them so they could adopt the child. 9 months later, kid is born. Right now, the child is in Florida and her parents are in Pakistan. The parents here want to adopt the child, but first they have to terminate the parental rights of the natural parents.

Part of the petition to terminate the rights of the natural parents, they have to sign an affidavit of waiver of venue. As it turns out, I was reading an older version of statute, which required that the petitioners (us) attach a form of transfer of venue just in case they want to take back their right of forum. I looked at the updated version of the statute and it does not have that so I don't have to worry about it.

BUT, in the waiver of forum, I'm putting that the natural parents acknowledge the right of THEIR venue, but I don't know whether they have the right to have the venue in Pakistan or not. I looked on westlaw and tried to find international law, nothing. Looked at the federal rules of civil procedure. Nothing. I'm going to look at the Florida Rules of Civil Procedure, but I don't think they specify in there either. Any thoughts? Greatly appreciated.
 

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Login to find out (July 13, 2007 at 11:15pm)
And on what basis the child arrived to FL? So does this mean the child has been adopted in Pak?
 
Login to find out (July 13, 2007 at 11:14pm)
The child could be adopted in US, FL and the rights of birth mother and her husband could be terminated once they both sign and give up their right to adopted parents and I believe their is period of three month for claiming the rights back of child from adopted parents;(if proven that there was in any case fraud committed) after that period and once the Judge grants the rights to adopted parents the birth mother has no rights of that child.

However, make sure you check the adoption laws in Pakistan because in USA adoption laws are strong and in Pakistan this work lil different.

Also, are the adopting parents citizens here?
 
Login to find out (June 9, 2007 at 1:37am)
having venue in pakistan would mean that paki laws would apply--and the case would have to be dismissed here, right? Do paki laws allow the application of american law in paki court?