How Can an Adoption Be Made Null & Void?

Child adoption is not an easy process. Any parent who invests time, love and energy to complete this adoption process will certainly be apprehensive to reverse an adoption. However, some parents are dismayed to discover that they have been the victims of fraudulent misrepresentation during the adoption process and may seek to nullify an adoption. When doing so, these parents must be aware of laws and procedures regarding a nullification before making false assumptions.

Things You'll Need

• Original adoption papers
• Legal counsel

Instructions

1. Procure knowledgeable legal counsel. Since laws vary regarding the dissolution of an adoption, an adoption attorney can help you learn about laws specific to the state where you live. Attorneys are also able to influence the decisions of a judge who may hear a case regarding the adoption nullification. Dealing with an attorney will prevent you from unintentionally taking the law into your own hands and making inadvisable, if not illegal, decisions, such as attempting to transfer parental rights without the supervision of agency or government authorities.

2. If possible, dissolve an adoption before it becomes formalized. Depending on laws in your state, a period as short as a few days and as long as 30 days may precede the formalization of an adoption. Judges are apprehensive to nullify an adoption that is formalized, but they may reverse adoptions prior to formalization if such a reversal is deemed in the "best interest of the child."

3. Provide proof of fraudulent misrepresentation. Regardless of whether an adoption is formalized or awaiting formalization, the adoption may be nullified if fraud has occurred. This was the case in the court case of In re Lisa Diane G (1988), in which the court decided that an adoption decree could be nullified on the basis of disinformation. In this case, a child's adoptive parents had filed a complaint alleging that the adoption service they had used failed to inform them that the staff at a mental hospital did not deem the child worthy of adoption due to her behavior problems. The court ruled in favor of the parents, deciding that the adoption could be nullified for this reason.

4. Be considerate of the emotional well-being of your child as you prepare him for a new transition. Any adult or child at the center of a failed adoption is bound to feel a sense of guilt. While nullifying an adoption may be difficult, always respect the best interest of your child. Help your child to know that he is worthy of love and care, and offer assurance that he will remain safe during this transition.

5. Be prepared to pay child support. Just as in the case of a divorce, child support payments may be ordered by a court upon an adoption nullification. If a judge orders that the child should be placed into state custody, these support payments may need to be made until the child reaches adulthood. However, child support will not need to paid when and if the child is adopted into a new home.

Tips & Warnings

• Learn about laws governing adoption reversals in the state you live in order to be certain to avoid being charged with abandonment.

• Divorce has no effect on an adoption's duration.

Resources

• Selection from "The Best Interests of the Child"
• Legal Decisions: Wrongful Adoption