While most adoptions go as planned, some are reversed. An adoption may be reversed by either the adoptive or the birth parents, but the court’s rules on adoption annulment are very strict. In the event an adoption is reversed, the child’s birth certificate is changed back to its original state.
When Birth Parents Reverse an Adoption
If a child’s biological parents want to reverse an adoption and reassume their parental rights, the adoptive family must allow the reversal. However, in some areas, a reversal with regranting of parental rights cannot be granted even with both sets of parents’ consent.
When Adoptive Parents Reverse an Adoption
Rarely, a child’s adoptive parents will choose to annul or vacate the adoption. For this to happen, the court requires the parents to show the action is in the child’s best interests. A court may allow an adoption reversal if the adoptive parents cannot care for the child, but they will not grant a petition in cases where the parents are simply tired of their responsibilities.
When a Child Reverses an Adoption
There are many reasons a child may want to reverse an adoption. A younger adoptee may want to be emancipated, but many reversals take place later in life as personal relationships decline. The primary factor the court considers is the child’s best interests, both now and in the future. To successfully petition for reversal, an adoptee and his or her adoption lawyer in Newnan, GA must present compelling reasons to do so.
Revoking Consent for an Adoption
For an adoption to be finalized, consent must be concise and clear. However, certain situations allow consent to be revoked.
* Fraud or duress renders the consent null and void.
* If the child’s best interests would be served by a revocation, it will be granted.
* Birth parents have a short time to change their minds before consent is finalized.
Is It Necessary to Call an Adoption Attorney for a Reversal?
Adoption proceedings are a complex section of family law. An adoption lawyer in Newnan, GA can protect the rights of both adoptive and natural parents as well as those of adopted children. Call or visit Dsternlieblaw.com today to schedule a free consultation.