by Ross Voorhees

Created on: April 16, 2009

Having an adoption overturned or nullified is a difficult process, but not an impossible one. Regardless of the circumstances for overturning an adoption, and even if all parties are in agreement, the government agencies and legal system must still satisfy their own concerns, primarily, what best serves the needs of the child. Your interests, whether as an adoptive parent or as the natural parent, are considered as factors in the ultimate determination, but they are secondary.

In virtually every case, the process is the same. A motion which lists the primary basis for overturning the adoption is filed with the court. A hearing is scheduled to convince the court that the basis for overturning the adoption is valid, as presented in the motion, with sufficient probable evidence to support the claim. If the motion is deemed valid, government agencies, such as Social Services or Child Welfare, are called upon to conduct investigations into the allegation or allegations made in the motion. The court then convenes to hear the findings of the investigations and to hear the testimonies of the parties and experts involved in the case. And finally, a decision is made by the court which either grants or denies the motion. These are the basic steps, but it is not unusual, and in the majority of cases, highly probable, that a series of additional hearings, counter-motions, and investigations will occur. The process may very well last months or even years.

Motions to overturn an adoption may come from a variety of sources. The "traditional" reason is that the primary birth parent, usually the mother, seeks to regain custody of their child because they now possess the means and ability to care for their child. But a recent issue which has become more prevalent occurs when a birth father becomes aware of a previously unknown offspring. What are his rights as it pertains to his child, especially when he has been kept in the dark about the child's existence and had no say as a parent in the initial adoption? While it is true that the court ultimately seeks the best interests of the child involved, the legal precedent (established legal finding) is that the child will ultimately be better off with a natural parent if that parent is deemed to be capable and willing to provide for their child, even if the adoptive parents have done an exemplary job and the child is healthy and happy. While many legal advocates have argued that such rulings result in deep psychological trauma for the

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