Adoption - Who Can Sue?
A legal adoption done correctly can not be overturned, regardless of the birth parents attempts to overturn it or reverse the adoption. That is why it is important to consult with an adoption attorney or family lawyer if you are planning to adopt.
Adoption rules vary slightly from state to state. A legal expert or adoption attorney can ensure that the proper procedure is followed. Failure to conform to state or local laws may result in the court's refusal to allow the adoption or even create grounds for overturning it.
Most states have a waiting period before a formal adoption becomes final. During this waiting period, usually 48 to 72 hours after birth, the natural parent can change his/her mind and stop the adoption from being finalized. (States that follow the Uniform Adoption Act give the birth mother up to eight days to revoke her consent to have her baby adopted.) To find what the family law is in your area, contact a family attorney or adoption lawyer immediately.
If the newly adopted child is found to be physically ill or mentally incompetent, the adoptive parent may assert that their consent to the adoption was fraudulently obtained. Asserting coercion, duress or fraud on the part of the natural parent, who may have tried to unburden himself/ herself from the responsibility of a sick baby, can be difficult to prove. Nevertheless, legal action by the adoptive parent(s) against the biological parent(s) can be pursued even after the formal adoption is finalized.
When the identity of the natural father is not known, a formal adoption can go ahead without his consent. Later, if the father’s identity is discovered, and he wants to assume his parental rights, a court will make the decision on who is the legal, custodial parent.
If the state determines that a natural parent is unfit, the court can finalize the adoption without their consent. Abandonment by a missing parent, or a parent’s failure to support or communicate with their child, generally gives an adoptive parent grounds for legalizing their adoption.
To learn your legal rights concerning family law and adoption, contact an adoption attorney or family lawyer in your area.
Interesting Facts
Adoption is mentioned as far back as the Babylonian Code of Hammurabi, more than 4,000 years ago. Both, ancient Roman civil law and The Bible refer to adoption. Many of Rome's emperors were adopted sons.
Trans-racial adoptions are on the rise. In 2004, 26 percent of black children were adopted by white families, up approximately 14 percent from 1998, according to the National Data Archive on Child Abuse and the Department of Health and Human Services. The 2000 census, the first in which information on adoptions was collected, showed that over 16,000 white households had adopted black children.
Studies, throughout the years, have shown no differences between adopted and non-adopted children in terms of adjustment, delinquency or mental health.
Potential Recovery
- In September 2004, a jury found an Oregon woman faked a pregnancy in order to steal more than $12,000 from three San Francisco couples desperate to adopt her baby. After it was proven, she duped the couples in order to steal money; she was sentenced to a maximum of four years and four months in prison.
- In February 2009, Mississippi plugged a hole in its child protection laws that make it a felony to sell a child. The legislation came about after a woman tried to sell her granddaughter for $2,000, plus a car. Attempting to buy or sell a child in Mississippi is now punishable by up to 10 years in prison and/or a $20,000 fine.