Family Law Blog

Is It Possible To Reverse An Adoption?

Thursday, November 15, 2018

The circumstances in which someone would want to reverse an adoption of a child are limited, but they have been known to happen. It is widely believed that once an adoption has been finalized, there is no turning it back, but that is simply not true. There are actually three circumstances in which it can happen. These include:

The Birth Parents Wish It – Having an adoption reversed and the rights of the birth parents can be difficult, and in some states, impossible. For the most part, if consent is given by the adoptive parents, a birth parent can regain their parental rights through a reversal.

The Adoptive Parents Wish It – Though much more rare, in some cases, the adoptive parents can file a petition with the court to reverse adoption. Typically, this is approved when a home is no longer in the child's best interests. For example, if the parents are getting a divorce, and neither could support their adoptive child alone, the adoption can be reverse.

The Child Wishes It – This is exceedingly rare, but in some cases when the child is old enough, they can reverse their own adoption. In these cases, the child wishes to be emancipated from their adoptive parents, but these cases are very hard for the child to win.

While reversal of an adoption is actually fairly difficult to do, it can be done. If you believe you have a valid reason to reverse an adoption and would like to learn more, contact us today. Typically whenever someone even considers reversing an adoption, they have solid reasons for doing so. Perhaps they lost custody of their children and want them back or because they care deeply for a child and want to see them better placed. Regardless, we can help you figure out the details.