An adoption can be reversed, either at the request of the adoptive parents or by a court petition. The laws and circumstances required for a reversal (also known as an annulment or vacation) are strict; if a reversal occurs, the birth certificate is changed to its original form. Here, we will discuss the adoption reversal process.
Who is Allowed to Reverse an Adoption
An adoption vacation or reversal can be filed in family court by either the adoptive or natural parents, or by the adoptee (the child in question). If birth parents reverse an adoption to regain parental rights, the adoptive parents are required to give their consent. In some states, even with consent from both sides, a reversal granting rights to the birth parents is not allowed.
Reversals by adoptive parents are much rarer, but they do occur. To allow a reversal, courts require parents to demonstrate that the action is in the child’s best interest. This usually occurs in cases where the parent/child relationship has deteriorated to the point where it no longer benefits either party. If an adoptive family can document that they cannot care for the child, a reversal could be granted. However, families cannot get an adoption reversed simply to evade parental responsibility.
A Biological Parent’s Rights Before Adoption
Biological parents have full rights until they consent to an adoption. In many cases, state law prohibits consent until after the birth; state laws vary on a father’s rights. A Family Law Attorney in Rochester MN can tell you more about your state’s options.
Revocation of Consent
If you have given consent for an adoption, it is very difficult to revoke that consent. Laws vary by state, but in most cases a birth parent has only 21 days to revoke consent to an adoption. Other states allow revocation only in cases of duress, coercion and fraud, or not at all.
Calling a Family Lawyer for an Adoption Reversal
Adoption proceedings are one of the most complex family law areas, and it is difficult to reverse an adoption once it is finalized. By choosing a Family Law Attorney in Rochester MN such as one with the Anderson Law Firm, you will protect your rights and those of your child.