When you hear the word ‘adoption,’ you may think that this is permanent. However, depending on the circumstances of your case, an adoption may not be so permanent after all. Usually, even after an adoption has been finalized, it can be reversed by the court – however, there are strict laws regarding how this is done. The court calls this process either a vacation or an annulment. The only people who are able to file a petition for reversal are the natural or adoptive parents of the adopted child.
Birth or Adoptive Parents
The rules regarding how adoption reversal is dictated are different for both:
Birth Parents: This is usually done as a way for birth parents to regain their parental rights. However, the adoptive parents must give consent to the reversal. Many states are up in the air about these laws and in some cases, it cannot be done once the adoption is complete.
Adoptive Parents: It is rare for an adoptive parent to seek a reversal – and usually only takes place when the court thinks it is in the best interest of the child. This sometimes happens when the adoptive parents are no longer able to care for the child.
Can a Child Reverse Their Own Adoption?
Yes, sometimes a child can have their own adoption reversed. However, once again, this is not always an easy process. This tends to happen when younger adoptees want to be emancipated from their adoptive parents. Sometimes, on the other hand, it happens later in life when the child and parents have a failing relationship and the child does not want involved anymore.
There are many reasons why an adoption should be reversed. Perhaps it happened through fraud or duress, such as somebody threatening another person to hand over the child with blackmail. If you are dealing with a case that calls for an adoption reversal, you have to act quickly – as California only allows for 30 days. Contact us today to find out how we can help you in your case.