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Is it true that if you adopt a child here in the USA, that the biological parent or family can later decide they want the child back and be able to take them from you?

2007-02-05 09:01:45 · 7 answers · asked by So'sYerFace 4 in Pregnancy & Parenting Parenting

7 answers

Laws vary from state to state, but in general the answer is no. Maybe you are referring to the "Baby Richard" case a few years ago in Illinois? Long story short - a man learns he has a four-year-old son that he never knew about. The birth mother had placed the baby for adoption. The father never knew about the baby and never consented to the adoption. Based on Illinois law at the time, the child was taken away from the adoptive parents and returned (wrong word, I know) to the biological father.

Illinois quickly changed their laws. Today, a final adoption decree permanently ends parental rights of birth parents. Many states have changed their laws based on this case.

Talk to an attorney with your specific questions. Sorry I cannot be more help.

2007-02-05 09:11:18 · answer #1 · answered by Adoptive Father 6 · 2 0

There is a revocation period with every adoption, and then the papers are finally signed around 6 months, the birth parents relinquish their rights to the baby. There will always be situations where people may have a change of heart and try to manipulate the system, however, since the laws have changed over the past 20 years, this scenario is not an easy one for the birth parents to persue. I would make sure of one thing. Make sure if you go with an agency, you ask questions, get the right answers, also goes for an adoption attorney.

With Open Adoption becoming more and more popular these days, my opionion, is that the odds of this happening are very low. More and more adoptive families and birth families keep in touch either themselves, or through a third party, and I think this is actually the best scenario for the child, even if through letters and pictures, for the child to have a "connection" to their birth family.

2007-02-06 08:45:29 · answer #2 · answered by Anonymous · 0 0

Hi I'm a adopt child and have had been for some years i was 6 year old and now I'm 20 year old no it not true the biological parent are the family cant decide they want the child back if they give up there rights's no. if they didn't give up there rights's yes they can.

2007-02-05 18:29:29 · answer #3 · answered by jazz0172300 1 · 0 0

no it's way wrong. once papers are signed and the adoption is finalized it is non reversable. the media jumps all over an adoption that is reversed is why you hear so much about it. but as long as all t's and i's have been crossed and dotted then it is a binding agreement and cannot be reversed. laws vary from state to state, but here in kansas the birthmother can release her parental rights as early as 12 hours after birth. it does not have to be in front of a judge. as soon as she signs the release it is as binding as if she'd been in front of a judge, and cannot be overturned. you will need to finialize in the courts here, but it's more of a formality than anything. so here in kansas if the birthmother signs at 12 hours after the birth she cannot change her mind. very few states still stick to the 6 months. most have a 72 hour wait period, i believe pennsylvania is the one of the few states that still have the 6 month waiting period.

2007-02-07 00:38:00 · answer #4 · answered by cagney 6 · 0 0

Most states the bioligical parents have up to 6 months to change their mind, in other states i have heard it can be up to 1 year. There have been cases where bioligical parents have gotten children after 2-3 years, but those are rare cases. In most cases, i believe it is typically 6 months. You would have to call an adoption lawyer in your state to discuss exactly what the timetable is on changing their mind. Good luck if you chose adoption. It can be wonderful!

2007-02-05 17:30:56 · answer #5 · answered by misty n justin 4 · 1 1

My understanding is that once the adoption is finalized, the answer is no. If you're going through the adoption process and it isn't yet finalized, the bio parents can, in fact, change their minds.

2007-02-05 20:57:33 · answer #6 · answered by Amy S 6 · 0 0

no, that is completely wrong.

2007-02-05 17:07:45 · answer #7 · answered by greeneyedprincess 6 · 0 0

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