How to Undo an Adoption
Sometimes an adoption will fall apart because of legal issues, such as a biological parent not being informed of the child's existence or given the opportunity to decide whether he wants to relinquish his rights or not. In these kinds of circumstances, the biological parent who was not notified of his child's existence can assert or relinquish his parental rights. Since he was not informed about his child, any adoption that transpired is considered "wrongful" and can be undone.
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Things You'll Need
- Adoption order
- Adoption attorney
- Documentation of lack of notice of child's existence
Instructions
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Start a detailed journal. Include events leading to your discovery of your child and of the alleged efforts to keep you from finding out about his existence if you want to have a wrongful adoption reversed. Record your prior knowledge of the pregnancy and what you were told after your child's birth. Detail how you found out about your child. (See Resources.)
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Consult with an attorney knowledgeable about adoption and parental rights. Tell her exactly what happened to you--you weren't given the opportunity to decide if you wanted a relationship with your child or if you wanted to relinquish your rights. Learn about the rights of biological parents who were not informed of their child's existence in your state. Make sure you know about the time limits given to biological parents after an adoption has been granted.
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Ask your attorney to file papers in Family Court. Make sure these papers make it clear that your rights as a parent were violated. If you want to be a part of your child's life as a custodial parent, let your attorney know that, and make sure your life and habits would be considered beneficial to your child (i.e., no criminal activity, no drug use, stable job and home environment).
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Request visitation rights. The life of your lawsuit will be a long one, and you want to make sure your child gets to know you and is comfortable in your presence, should the adoption be overturned. Treat your child's biological parent and adoptive parents with respect and courtesy. (See Resources.)
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Attend every scheduled hearing. Keep your attorney up to date about your decisions and events in your life that have an impact on you and your child (employment, change of residence, legal issues).
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Be prepared for involvement in multiple courts, especially if the adoptive parents contest any decisions that go against them. If your case goes to appeals court or your state's supreme court, be prepared for a lengthy fight. Again, maintain a life that is conducive to raising a child. (See Resources.)
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Tips & Warnings
When you find out your child does exist and is living in an adoptive home, learn as many details as you can about how your child's existence was kept from you. This will be important for any potential court hearing.
Don't threaten your child's biological parent, the adoptive parents or court personnel who were involved in the adoption. The adoptive parents and the court were lied to. You don't want to endanger any chances of gaining custody of your child by actions you make in an emotional moment.
