Can an Adoption be Reversed?
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.
Hey so my question is when i was being adopted by a close friend of minds pearnts i was in a lot of distress and felt very pressered. my mother an alcholic signed away her parental rights but she was drunk and my adoptive pearnts promised to buy her a case of beer. me and my sister are now looking to reverse my adoption is this possible still after ive been with my adoptive paernts for 2 years.
This sounds like all kinds of levels of abuse. Contact our team as well as your caseworker, assuming you still have one that you are in contact with and find out what rights are available. Here is a list of agencies to contact, depending on your state:
Links:
1. Child Welfare Information gateway – HHS
2. HHS Adoption Help by State
thank you for trying to help but we have been told that there is no possible way to get it reversed if i am not being physically abused or can get them to sign over rights which they will not do i have done all this without there knowledge and can’t let them find out so i am afraid i am stuck no matter the emotional abuse
I was talked into signing papers with my soon to be ex wife to adopt her cousins child when (my soon to be wx wifes biological mother)passed away while taking care of the child. The marriage went sour over the years. She then put me out of her apartment and expected me to pay bills for her and myself because she refused to find employment for years and spends his social security checks on things not pertaining to the childs needs. How can I terminate my parental rights to and adopted child.
Depending on the state, this may not be an option. The courts, many times, view your relationship with this child in virtually the same manner as if it was your biological child. The more pressing matter here is getting things in order to limit the amount of maintenance (ie. alimony or spousal support) that you could be ordered to pay. A lot of different things go into calculating this depending on where you live.
Primarily, the main factors (again, varies state to state) for a determination of maintenance / alimony are as follows:
1. The income and property of each party, both the marital or non-marital property, and how that could/should be allocated between the parties;
2. The present and future earning capacity of each party;
3. The needs of each party;
4. Are there any impairments in the present or future earning of either party;
5. The standard of living during the marriage;
6. The duration of the marriage;
7. The health, age, occupation, education, skills, etc., of each party;
8. any valid agreement (ie. premarital agreement) the parties may have signed;
9. Other factors the Court finds relevant, just, and equitable under the specific circumstances of the case.
All of these factors need to be applied to your case to view your particular situation here. And if there is a way that you can help her stand on her own, that can alter things substantially as well because if she gets a decent job (maybe with help from you even), that can limit or cut off potential maintenance (alimony) since she may be self-sufficient.
The only way to really dig into this is to sit down with an experienced divorce attorney and look at all the facts and circumstances of your case. Give our team a call.
I lost my parental rights in 2015 in Michigan due to a domestic violence incident! My children were adopted in 2017! Is there still a chance for me to try to overturn this adoption?
I’m in the state of TN. I was married 4 years ago and I’m going through a divorce because my husband was violent. He adopted my son. He is wanting to relinquish his rights to not pay child support. He’s making it out that he does not have the best interest for our son. Can he do this??
I have 4 adopted daughters. One of them is violent and it has become very unsafe for my other 3 children. Almost 3 yrs of counseling and medication and she is unable to bond with our family. She is currently inpatient due to threats against her sisters, is it possible to get our adoption of her reversed in order to protect the other children? Please help
These situations are some of the most difficult in the world. Each state differs on these issues in a pretty dramatic way. One potential issue you may need to keep in mind is when a possible investigation begins to verify all that you have mentioned and the reasons why this is necessary may not paint you in the best possible light – rather than looking out for the other kids safety, a state worker (if DCFS or similar entity is required to be involved – again, depends on the state), might say you aren’t fit to put in the work on this one child, why should you have the other kids.
Probably an unlikely scenario, but the crazies of situations occur and no one ever sees it coming. You need to connect with a local attorney who can dig in to the details of your case and the local statutes. Best of luck for your family.
So I lost custody of my baby girl at birth, 3 years ago.. the people that have TEMPORARY full custody have been good to my babies and myself included.!! I signed papers saying I would allow them to adopt my child, it hasnt been finalized in court YET!! Baby daddy all of a sudden decides he wants the baby and is fighting for custody. Hes never been around for her, helped with her, or tried to have a relationship with her the entire 3 yrs shes.been alive and breathing!?!? I’m wondering if it’s to late to cancel the adoption?? Help me plz
I made a big mistake. And I know that what’s best for my baby girl, isnt to be with him. She doesnt even know him!? I’m scared as hell.
Any info will help
This is a situation where you need an experienced child custody lawyer and an explanation of some relevant laws aren’t going to cut it. There really is no way around it. While the courts generally prefer that a child be placed with a biological parent (for obvious reasons), it’s not necessarily a guarantee in situations like yours. If the father has known all along about this child and has avoided all responsibility intentionally, that will be one of the deciding factors. But you need professional help here, you cannot do this alone.
So I lost custody of my baby girl at birth, 3 years ago.. the people that have TEMPORARY full custody have been good to my babies and myself included.!! I signed papers saying I would allow them to adopt my child, it hasnt been finalized in court YET!! Baby daddy all of a sudden decides he wants the baby and is fighting for custody. Hes never been around for her, helped with her, or tried to have a relationship with her the entire 3 yrs shes.been alive and breathing!?!? I’m wondering if it’s to late to cancel the adoption?? Help me plz
I made a big mistake. And I know that what’s best for my baby girl, isnt to be with him. She doesnt even know him!? I’m scared as hell.
Cps is now trying to force my termination of parents rights, they told my sister shed have to adopt them.but never let me see them or be alone with them ever again.. If my sister were to adopt them can she give them back to me or allow me to adopt them back from her once I finally become stable again. Cps has made me lose my job and a place due to it and my own PD waived my right to council at a team meeting without my permission and no lawyer wants to touch this case and I need help asap or advice
I would be extremely cautious about doing something with the kids if your sister is granted the adoption over them. Many times there will be explicit provisions that her rights could be terminated and reversed if she allows the children to spend time with a person in this case, you), that is specifically not allowed to have contact with the kids.
This could all blow up and mean that your sister can’t have the kids and they could become wards of the state – a truly terrifying situation.
Your best bet is to help ensure that your sister gets these kids and can care for them. Once you have gotten stable and have a proven track record of being stable (think more like a year or more, not a few weeks or a couple months, you can file a motion with the courts for some kind of 3rd party visitation with the kids.
But whatever you do, do not involve yourself in any way that could send these kids into the states custody instead with their family – step one of getting stable and proving you are a good parent again means staying away and not jeopardizing this for the kids for the time being.
I’m a 15 year old and I was adopted when I was 7. My adoptive parent and I have had a bad relationship even before I was adopted. Now at 15 very bad things have happened to me due to the fact that we argued all the time and that caused something ever traumatic. I can’t stand it anymore and I have to get out. What will I have to do in order for me to petition for my unadoption?
So very sorry that you are going through this terrible time. Without divulging too many details in such a public forum, I can say that you should reach out and give our team a call and discuss in detail what exactly is going on.
Of course, many people may read this and think. “every child fights with their parents – adoptive parents or biological,” but I also know that there are many instances where traumatic events do happen and in those situations, you deserve the respect, love, and help that a professional can assist you with ruing this difficult time.
Know that there are many options, counselors, and places to seek help.
I am begging and pleading for someone to please help me. My son was taken from my wrongfully. I was alienated and put through hell and railroaded beyond anything anyone should and could handle. Please someone just talk to me and show me some type of guidance.
i believe the children I had was taken wrongly, and the last 2 boys are suffering. How much would it cost to do this??
This all depends on the circumstances that led to the adoption and the current living situation/lifestyles of everyone – while keeping in mind that the court views the best interests of the children above all else.
If fraud was used to obtain the adoption, that is a big reason to bring this before the court. But if it is more of a bad decision remorse type situation, that is a different situation entirely.
Um if a child has been adopted out with out a consent from biological mother can that child be adoption reversal? At any time or how long does it get revoked
Yes, it may be possible. The first issue to consider is whether you have standing to bring a suit though. Standing means you have rights to go to court and have something done, like payment for medical expenses from someone crashing their car into you rear-bumper. Most states treat biological parents that have consented to adoption as no longer having any more rights to the child than a complete stranger. That is the first huge thing you have to prove.
The next would be to show that a big mistake was made – that the child is placed in a dangerous environment, that fraud was committed, that some circumstance has changed dramatically, or something similar.
An example would be a woman adopts a child, and then a year later married a convicted pedophile. That could maybe be reason to show the court that the child should not be in that home. However, the judge will make their decision on what he/she believes is “in the child’s best interests.” That is the primary analysis that is made by the court and it involves all kinds of factors (dozens, really).
Please I need help I’m in fl my children were taken due to up code of house codes but i did everything i was suppose too but i didn’t have a place yet so they tricked me into signing my rights to the g tdd and mother the problem is she never got them the judge ordered for them to g.j o on a certain date than they put a court order to stop it with a different judge and in one day they gave my kids to strangers UK can’t see or talk to them I was a good mom I made mistakes but none hurting my children I love them and need to know wat to do its killn me inside
My nephew and niece are paying a guardian to take care of their adopted son. I think they are planning to reverse their adoption in Mi. This child had been taken away from another and when the child started giving them emotional troubles they let their real mom see him on occasion after she stopped using drugs. She than rejected him.
Hi my name is anonymous my one year old son has been in Foster care since July the social worker has called me and my family names she came into my home split me and now my ex boyfriend up and then took our first born please help me are social services carupped, twisted gits, baby snatchers. ❤️❤️❤️👶❤️❤️❤️
Can I reverse an adoption of a child out of my wife’s first marriage.
The child is now 50 years old , and has not visited us for the last few years.
She has more contact with her real father who left her and her mother when she was 7 months old then with the adopted father .
If the child wanted it and the biological father wanted to adopt it is possible. It primarily depends on the reasoning though, as well, if everyone doesn’t agree to do this.
I live in Asheville nc and Dss made me give my rights over so the kids can get adoption the whole 4 years be for singing my right away was bad we did everything that they wanted us to do and still had to sign our right over to foster care and the kids any adopted yet but I was wondering there was any way to get my rights back if I can prove there was fal play in the whole case.
My children were in foster care, my oldest daughter adopted them3. The day the adoption was finalized, we all celebrated the family being reunited. Later that day me and the kids went home to my place, where they’ve been to this day… I recently went to visit my oldest daughter and noticed some mail with the kids name on it, and realized the she’s been getting income for them since 2011…. I didn’t know who to call r what to do… Something’s wrong, or illegal here. Help!!!!
Who was fostering the children, was it your daughter? Normally the person that is fostering the kids can receive payment from the state. So if that is the situation, it would be normal.
If I read that right your daughter adopted your children who were in her care via foster?
If that’s true and you all celebrated the family together again and you took the kids home as if they’re still yours then you are the one top acting illegally. Your daughter adopted them and she is to have them. Sounds like she’s still collecting their adoption subsidies as if she was caring for them still… as the judge and state ordered.
You all will get in trouble.
We live in Texas. My daughter had a baby boy July 17th of 2019. We started talking to agency about adoption, when she was about eight months pregnant. My daughter didn’t have a home or job and I was not able to take her into my home. She had a really ruff delivery. After hours of labor, she had to have a emergency C Section. She had lost so much blood, she was given a blood transfusion. The agency’s representative came to hospital with adoption paperwork. She said, a lawyer would be calling her to go over the adoption paperwork and told us, we would have to leave while she talked to the lawyer. I personally, found that to be very strange. We were allowed to return to the room, after the call ended. My daughter signed the papers and the agencies rep asked us to sign as witnesses. Within 24 hours, we contacted the agency representative and asked if the adoption could be stopped. The agency rep. told us, she gave up her rights to the baby and nothing could be done. We have cried many many tears, about not bringing that sweet baby home. My daughter has asked over and over, why within a 24 hour span, of signing those adoption papers that the adoption couldn’t be stopped. Is there anything we can do, to reverse the adoption in Texas. Looking back at the time she signed the adoption papers, I do believe she felt like she didn’t have a choice, since she had talked to a adoption agency. I don’t think any of us, were thinking clearly about what was happening. In fact, she had to stay in the hospital longer, due to loosing so much blood and very high blood pressure. She also signed, when she was having to alternate Hydrocodone and Ibeprophen to help with the C Section pain. Is there anything, we can do?
I am wanting to know if a reversal is an option for me when I adopted my three daughters I was married and had two incomes however my now ex husband is serving 25 years in prison for 3 counts of sexual assault on a child an I just financially can not support these children on my own
Legally, the court views you as though you are biologically their mother. The problem here is where do these kids go? Dad is in prison, and it sounds like the biological mother either signed off and gave consent, or is gone. If the biological mother or family doesn’t want to adopt the kids, the kids could become wards of the state and end up being placed in foster care. You need to speak with local counsel to get into the specifics of a case complex like yours.
Kylie,shut up and don’t be so tunnel visioned.
Kylie, I agree with Kipper. Until u know someones sitiation you can’t say that
As far as i know and I am a firm believer ” everyone deserves a second chance”.
So the adoption was done in Jan of this year. The biological mother has had the son on an off for the last several months. The father was never giving notived of guardianship an then he lost his case cause he lacked somethings. What are Michigan laws on this and the adoptive mother leaving the child tmwith the biological mother for days on end? An how can this be healthy for the child
I am a child of adoption and I can attest that there are times when adoption is a good thing. If a child, however, is put in a home in which witchcraft has been done to them and I do mean WITCHCRAFT, an adult adopted child might want out of their situation. I would love for my adoption to be overturn. People who want to be parents ought to be given the right to raise them. If they are capable of loving someone else child. If they cannot love someone else’s child then do not destroy a child’s sense of self for a demon.
Can I do a reverse adoption in Virginia?
I adopted my step daughter and it’s been terrible ever since. How much does it cost to do this if my State allows it?
This depends on a lot of factors, such as what is the relationship with your wife – are you two now divorced? If still together, there could be options whereby the mother only becomes the guardian, but there needs to be some type of significant reasons for something like this, it sounds like it probably is not something that is possible in your case if we’re just talking about a bad situation with an unruly child.
Hiring a lawyer for these types of matters might cost a few thousand dollars, easily, and the chances to obtain the result you are looking for is probably quite slim, unfortunately. Really need to sit down with a local attorney to go over many more details.
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
Hello I need to reverse this adoption of my children whom was taking out of my custody and I was lied on by the doctor at the hospital and also Dcfs lied on me to take my rights away I never had a fair Trial
My two daughters and me and their daddy was done the exact same way
When DCFS is involved and parental rights are taken away, many states essentially treat the biological parent as a stranger, which means that they may not even have ‘standing’ to bring a case before the court. Standing is basically the courts way of determining: 1. a harm has or will be caused, 2. if action or stopping an action doesn’t take place, and 3. the harm to be avoided/stopped can be properly addressed before the court.
Many states may view you as not having standing to pursue a case because they no longer view you as any different from any other person in the world that wants to change who that child’s parent is, legally. That is your first hurdle (and it is a big one).
The next step is to find out how you can provide proof of what exactly was inaccurate and incorrect that allowed this to take place.
If someone lied and there is documented proof of that, it may be a reason to take it up with the court as proof of fraud.
Gather all information you have, do some investigative work to show actual proof that lies were told, and hire a lawyer – you need a lawyer here to even stand a chance.
And remember, proof (that is, ‘evidence’), needs to be substantial and clear. It is almost never enough to just say someone lied, but to have proof, in some type of document or other means to show that a lie was told and fraud was committed. Best of luck.
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.”
Going through this right now, I am fearful of my adopted child hurting a sibling or myself.
Or what about if the childs adoptive people are way too mean and never listen to the kid. And if the childs adoptive person is a pedophile like mine is they should be able to req for an unadoption
That is so true…..I’m trying to get an reversal for my adoptive son
What’s not right is loving a child and doing all that you can for the child and they go tell lies and get your other foster children removed after her adoption is final. What’s not right is having your name drug through the mud from trying to love someone unconditionally. What’s not right is people who have no idea judging you for what you are doing. If you have no idea what’s is going on then you have no right leaving a reply.
Yes it is if your not adopted or have not been in a situation where it is the right decision to make then shut up
Yes it is, in certain cases! The adoption and social/worker’s have munipulate the poor, and under privileged, minority parent’s, to “make sure”, that they lose their families, to enrich themselves with our loved ones, for a long time now! They’ve always had hidden deceptions, break African Amercan families apart, and then everyone else’s!! The lies that they tell, how far they go to make sure, you can never see your family again!! We love our family!! And cant wait til we see them again!! But just recently i read an Adoption article, about Michigan’s Adoptions Practices, after WWII, that blew another hole in my soul!! And it was like the harshes realities of what they promoted!! They had their way with poor people, and they’re still doing it today, just in another uniform! It’s the worst that can happen to someone who love’s their family. I will never stop longing for my grandchildren, because they think i shoul!! And i pray for all the families that got caught up with your family, from all the hidden deceptions, munipulations, and cancellations, that were put on your family, and family tree, just to satisfy other’s, “oh no, not just for the children”, just because they could!!! I pray that God see the families who are longing to see and love their families, and restore them that deserve it! I pray that God review and revise, the Michigan Child Protection Act. I pray that The Parental Rights Laws in Michigan, be changed immediately! I pray that God look upon the familes who has been tormented and permanently separated from their families, especially the one’s at the Border! I pray that God see the love of the parent’s, who, truly, love their children. And i also pray that God take away the gavels,from Family Court judge’s, who dont deserve them!! In Jesus name, Amen!
What if the mother lied about being unable to find or not know who the father was to ask for consent. What if the child was told by the mother she didn’t know who the father was to keep him from knowing about the adoption? Is that still wrong!?!? I would have NEVER allowed my daughter to be adopted as I would have taken care of her myself if I knew her mom was too busy doing drugs
This is called fraud. You will need some serious documentary proof that fraud was committed and to show the court that she could have easily gotten a hold of you. This needs to be documented – not “we have some similar friends”. It needs to be along the lines of; lived at same address for years (and she knows), parents live at same address, so she could have contacted you there, maybe you both have mutual friends on facebook, she knows where you work, your phone number has not changed, she’s called/texted/emailed you around the same time as she claimed she didn’t know where you were, etc.