How to Reclaim a Child Given Up for Adoption
The decision to give your baby up for adoption is life-changing. If you are confident that your decision to place your baby was wrong, it may be possible to disrupt or dissolve the adoption plan. Disruption occurs when the birth parent terminates the adoption plan before the adoption is finalized. Dissolution happens when, after the adoption is finalized, a birth parent takes legal action to reverse the adoption decision. According to U.S. Department of Health & Human Services, between 10 percent and 25 percent of adoptions end in disruption, and between 1 percent to 10 percent end in dissolution.
Instructions
Disruption
Contact your social worker and adoption agency to let them know that you do not want to continue with your adoption plan. If you have not yet relinquished your rights to someone else and the adoption is not finalized, you will not need to go to court and you still technically have guardianship of the child. You will need to contact the adoptive parents to alert them that the child is going to be returned to your home. For example, in New Jersey adoption law, birth parents must send a letter to the adoptive parents that the child is going to be returned to them. Adoptive parents may not use the reimbursement of expenses provided for the birth mother as a contingency for returning the child. Until parental rights are relinquished, the birth parents still maintain custody rights. While laws vary from state to state, custody rights are in the favor of birth parents until surrender papers are signed. Surrender forms officially terminate birth parents' rights. It is for this reason that any paperwork signed before the birth of a child being placed for adoption is not legally binding. Meet with your social worker to develop a plan to move forward with your decision to dissolve the adoption. This will include working together to draft a letter to alert the adoptive parents that you wish to parent the child. Send the letter via certified mail to notify the adoptive parents of your decision. If the child is already in your care, you will not need to arrange a time to meet with the adoptive parents to return the child to your home. If, however, the child is in the care of the adoptive parents, you will need to set up a time to meet with the adoptive parents to get your child. This can be done directly or through your caseworker. Dissolution
Contact a lawyer who specializes in family law. Lawyers who have previous adoption and adoption dissolution experience will be best able to help you navigate the legal system. Adoption dissolution can be very difficult. The majority of dissolutions are prompted by the adoptive parents rather than the birth parents. Each state varies on the amount of time it gives birth parents to change their minds after signing relinquishment papers. In most states, it is roughly 48 to 72 hours, whereas others provide up to 30 days. Consult a lawyer to find out what the regulations are in your state. If you decide to dissolve an adoption past the regulated time period in your state, you will need to challenge the court's decision to approve the adoption. You can only file to dissolve the adoption up to one year after the signing on the adoption papers. Discuss your case with a lawyer to determine the feasibility of having your child returned to you. Courts are extremely hesitant to dissolve an adoption and largely feel that remaining in the adoptive family̵7;s home is in the best interest of the child. In adoption dissolution cases, they are more likely to side with the defendant, or the adoptive parents, than the petitioner, or the birth parents. Cases in which courts may consider dissolution include: when the birth father has a relationship with the child but did not consent to placement; when the birth parents feel they signed surrender documents while under duress or felt forced to do so; and agency misconduct. You will need to prove that any of the above exceptions apply to your case. Birth fathers who did not consent to adoption are more likely to have a stronger case as courts view birth fathers as having specific legal rights on their own. Proving duress or agency misconduct will require paperwork detailing the timeline of the adoption plan and proving coercion or mistakes on the part of the agency. Ask the adoptive parents in writing if they would be willing to terminate their parental rights. If the adoptive parents are sympathetic to your case and are willing, they can terminate their parental rights and go through an adoption procedure in the reverse. This means that you would need to legally re-adopt your child as if there were no biological relationship, and the adoption procedure could be facilitated by the original agency. File a petition in the court where the adoption decision took place to reverse the adoption if the birth parents are not willing to terminate their rights. Your lawyer will need to apply for the motion to overturn the decision on your behalf. From the time you file to the time you go to court regarding the motion to overturn, it could take up to six months, depending on the state in which you live and local adoption laws. Await the verdict after your court date. As stated above, the entire process of reclaiming a child placed for adoption could take about six months. All parties must be present for the court proceedings, which could delay the case until everyone can be available.
