by Ramona Taylor

Created on: November 23, 2010   Last Updated: December 11, 2010

Early this year, when a Tennessee woman returned her adopted son to Russia because of undisclosed behavior issues, the question about the permanency of adoption was one of the controversial topics of discussion. Adoption is not an easy process for adoptive parents or the child or children.  While the legal connection to birth parents is being severed, a new emotional link is being forged with biological strangers.  The hope is that out of this painstakingly long process a healthy and happy family will be formed; however, sometimes, circumstances force adoptive parents to want to terminate the process or nullify their adoption.  While this process can be emotionally challenging, it is possible.

What is nullification?

In the course of an adoption, birth parents’ rights are terminated and adoptive parents move to assume these residual parental rights over a child.  Adoption is not the same as custody which can be reviewed and changed over and over.  A nullified adoption strips adoptive parents of their residual parental rights just as a termination would for birth parents.

Grounds for Nullification

Under special circumstances, a court may nullify or terminate an adoption.  Adoptions can be nullified if there is a change in circumstances with the adoptive couple.  Sometimes, divorce, debilitating illness, or financial hardship may cause a family to withdraw from the adoption process- even as it nears the end stages. Some of the more controversial reasons include fraud on the adoptive family or clear errors in the application for adoption.  Unsavory behavior or unreasonable expectations are not a basis for nullification.  Improper care or disregard for a child’s safe and healthy upbringing is. In these cases, where court finds the nullification is in the best interest of a child, an adoption can be nullified.

Steps to Getting an Adoption Nullified

Adoptive parents can seek competent legal counsel if they seek to terminate or nullify their adoption.  Their attorney will review the record and present their basis for nullification to the court.  If fraud is the basis, the adoptive family must present evidence of fraud.  Prior to formalization of an adoption, the process of nullification is slightly easier. Following formalization, there is a waiting period, similar to those allowed in divorce cases.  If the court rules in favor of nullification, the legal custody of the child reverts to the social services agency or private adoption agency.

Hundreds of thousands of children wait to be adopted, but not every situation is best for these children.  The goal is for them to find capable and loving parents, who accept adoptable children regardless of race, disabilities, and/or past troubles.  When an adoption is nullified, there is more than loss of money and time.  In the end, a child loses a chance with being a permanent part of a family.

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