The Process of Adoption Reversal
Can an Adoption be Reversed?
The Process of Adoption Reversal
Contrary to what some may believe, there are ways in which a finalized adoption can be reversed. Once an adoption has been finalized, if one party wants to reverse the adoption, he or she needs to submit a petition to the court – this is often done by either the child’s birth parents or the child’s adoptive parents. While a reversal is possible, the laws regarding this process are very strict. Once the adoption has been reversed, the child’s birth certificate is changed to reflect its original state before the adoption.
Which Parties Can Reverse an Adoption?
There are three parties in an adoption situation who can reverse a finalized adoption, and they include the following:
The Child’s Birth Parents – If the child’s birth parents want to reverse an adoption and regain their parental rights, the adoptive parents need to give consent for the reversal. In some U.S. states, however, even if consent is given by the adoptive parents, the birth parents’ parental rights cannot be restored.
The Child’s Adoptive Parents – In the rarer case that the child’s adoptive parents want to reverse the adoption, they need to prove to the court that dissolving the adoption is within the child’s best interests. This may occur if the child and the adoptive parents have not been able to form a positive relationship.
The Child – There are several circumstances where a child may wish to have his or her adoption reversed. In some cases, the child wants to be emancipated from his or her adoptive parents, but more often, a child reversing his or her adoption happens later in life due to failed relationships with his or her adoptive parents.
When Can Consent to an Adoption be Reversed?
When a party consents to an adoption, the petition for adoption needs to be clear and concise for it to be finalized. There are certain situations, however, where consent given for an adoption can be revoked even after it has been finalized. Those situations include the following:
Best Interests of the Child – When a child is adopted but the court finds the child would better benefit from having the adoption revoked, it will grant the revocation.
Fraud or Duress – If consent for adoption was given fraudulently or while the consenting party was under duress, the consent is automatically considered null and void.
Timeframe of Refusal – There is a small window of time available for birth parents to change their minds about giving consent for their child’s adoption.
My oldest son was taking from me due to the fact that a false report was reported to cys and I have a statement stating that it was not a cps case cuz the mount union school district elementary school nurse called and I ended up in prison for a crime that i didn’t commit as I was sitting in prison…it was never stated in court about adoption. I still have his original birth certificate and social security card . My now 12 son has autism. The quake dr that he sees puts things in head as well as the so called adoptive parents. The first foster family that he went with left their 12 year old daughter take my than 8 year son to the park and he was left there by him self for 3 hours. On all of my court documents as well as his fathers who is currently locked up we both feel like we were forced to give up our rights to our son who has 2 loving parents who love him and he is well taking care of . Can u plz helps us get the adoption reversed and get him back to me
Hi. My name is Chanreth. I currently live in California, but my case is Massachusetts. I would like duress on the adoption case for my daughter back. Her adopted parents are her aunt and uncle. They’ve never took care of her or have my daughter ever lived with them. My daughter lived with me since the day she was born. The adoptive parents led me to believe that they will never physically take my daughter from me if I signed the papers. The adoption was finalized on November 23 2017. I recently found out that the papers were signed in 2013. I never signed any papers in 2013. Please help understand how I can fight for my daughter back. I’m desperate.
Reversing an adoption is not right
Kylie, you don’t know people’s circumstances to judge them. Sometimes reversal is literally the only option for everyone’s safety. I am dealing with an adoptive parent who has been physically accosted, had bones broken, and has almost been killed when the adopted child attacked her while they were driving. That is the tip of the iceberg when it comes to the child’s behavior, and there is nothing left that the parent can do. She is in constant danger and the child is getting bigger – and worse – by the day. Many adoption agencies lie about the child’s behavior and background to get him/her out of the system. THAT’s “not right.”