Board Thread:General Discussion/@comment-5249332-20130630220053/@comment-4839682-20130630225821

Depending on the state, you don't need the father's permission to adopt out a child. There is usually a period of time where the adoption can be challenged by the father though. Some states do require that the mother sign some paperwork saying that the father isn't involved. (Fathers don't really have many rights in these cases, sadly)

Neal of course can make a very convincing legal case if he wanted to, however, as he was never informed.

But I doubt Regina's adoption is illegal anyway. Emma Swan is a person who exists in the real legal system. She has a real SS number, (as opposed to fake ones that Storybrookers may have) and Henry is a real person as well, with a real SS number. Somewhere, there are documents of Emma giving him up, and going to SOMEONE. Now, whether that is Regina, or an intermediary, we don't know. However, knowing Regina, there is likely paperwork of her adopting him.

Now, think about this, as well. Everyone in Storybrooke has legal papers. To someone in the LWM, outside the town, all of this stuff is legally binding. Everyone has driver's licenses, some have degrees. If Emma wanted to fight Regina's adoption, she has no legal basis to do so. Not only because she gave him away, and her rights, but think about it. How could she take Regina to court about it? "This is the Evil Queen! She's not a US citizen, she's from another world!"