[rtd0078]

What should you do if you recorded bio mom conversation stating she want you to adopt her son even if the court give her back her kids. she also said that she was going to abort him when he was first born in the recording.

but when she goes to court in front of the judge she pertend she want all her kids. Should I let the children attorney hear the recording

[RavenSong]

If you recorded this conversation over the telephone, I hope for your sake that you informed her that you were taping her. In the state of California, it is illegal to tape any phone conversation without first informing the person on the other end of the line.

Just thought you should know...

[EZ2Luv]

IN most states you MUST inform the person that the call is being recorded and they absolutely must give consent. If not the recording is useless in a court of law and could be considered entrapment.
EZ

[thanksgivingmom]

I was going to ask if she was aware that she was being recorded as well...

[rtd0078]

No she was not aware of that I was recording her

[RavenSong]

Originally Posted by rtd0078

No she was not aware of that I was recording her

Well then, you're in clear violation of state laws in California...you've committed a crime. If I were you, I would not bring this to anybody's attention -- you could get in a lot of trouble.

[rtd0078]

The county council told me that I should let the children attorney hear the recording.

[thanksgivingmom]

Originally Posted by rtd0078

The county council told me that I should let the children attorney hear the recording.

I'd be wary of this.

You are using ILLEGAL means to try and report someone else's private conversation.

Justifying your use of the illegal recording seems a bit hypocritical to me....Not trying to be harsh, just honest.

[RavenSong]

Putting aside the fact that you've committed a crime by not obtaining her consent to be recorded over the telephone, just what is it you hope that the recording will do in your favor?

It is not against the law for a woman to consider terminating her pregnancy. It is not against the law for a woman to obtain an abortion, if she so chooses. I have a gut feeling that many women consider having an abortion, but decide at some point not to terminate.

If the court decides to return the children to their mother, the recording isn't going to help you keep them. It's not an oral contract of any kind, if that's what you're hoping. She has no legal obligation to relinquish her child and let you adopt, even if that's what she said to you in a phone conversation.

[DannieAS]

I know it's been said before, but I just wanted to restate that no matter what anyone says or advises you to do.

It is NOT legal to record without consent and it CANNOT be used.

This is the law in any venue. I work in special education and I have been in some juicy and long IEP meetings and parents always have the right to bring their attorney and they can record the meeting as long as they give prior notice. If no prior notice was given, the school district has the right not to continue with the meeting that day, if parent insists on recording.

If this is the way it is done in a more formal/legal setting, trust me, a recording in which it was obtained without consent will not stand up and only backfire on you.

[rtd0078]

I told the children attorney about the conversation me and the bio-mom had regarding her wanting to abort, and wanting to give him up and also becuz he has been in foster care for so long she said she is not attach to him.

Well my end result I told him if he wants to hear the recording he must subpena my recorder.

he told me that this is important info and he needs to know bio-mom plans if she get her kids back becuz

when she said this comment to me she only known me for 3 week I just had gotten our he.

I am looking out for my foster/adopt son what if she get him then abuse him becuz she did not want him in the first place; that put me in a hard position knowning that she does not really want him she just playing the game becuz she want her older son.

[Longing2bMom]

Actually depending on what state the OP is in, recording the conversation may not have been illegal. Under federal law and the laws in 38 states (and DC), only one party to the conversation must give consent. In the other 12 states, both parties must consent to the recording. For some reason, my computer crashes everytime I try to access the original OP's profile to see what state she is in, but the 12 states that require both parties to consent are:

California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington

[Dickons]

Recording conversations without consent is unethical as well as being illegal in many instances...

And if you used this tactic, adopted this child and one day your son asks you about his adoption will you be truthful and tell him you did this to his mother?

Regards,
Dickons

[RavenSong]

Originally Posted by Longing2bMom

Actually depending on what state the OP is in, recording the conversation may not have been illegal.

Since the OP posted this thread in the "California Foster & Adoption" subforum, I assume she's a resident of the state of California. Also, in her profile she describes herself as being a foster-to-adopt mom in California.

A mother who at some point in a pregnancy considers abortion but goes on to give birth to the child is not guilty of any type of neglect just because she thought about terminating her pregnancy. Heck, my own mom considered having an abortion when she found out she was pregnant with me. She obviously decided to carry her pregnancy to term -- it doesn't mean that she was neglectful or abusive for thinking about it.