Can an Adoption Be Terminated? This may surprise you but not every adoption is permanent in California. Under certain circumstances, you can terminate an adoption by asking the court to reverse the adoption order. The process is referred to as a vacation or annulment. The child’s natural parents or the adoptive parents can file a reversal petition. Once an adoption is reversed, the adoptee’s birth certificate is revised to how it originally read. Read on to learn more about who can terminate an adoption in California.
Can Birth Parents Terminate an Adoption?
Birth parents may wish to terminate an adoption of their child so that they can gain parental rights. Birth parents may get consent from the adoptive parents for the reversal. Both parties can file a joint petition with the court requesting to annul or vacate the adoption. The birth parents will have to show why the adoptive relationship is no longer in the child’s best interest.
Can Adoptive Parents Terminate an Adoption?
Alternatively, adoptive parents may wish to terminate an adoption. Contrary to popular belief, not all adoptions work out. For example, when the relationship with the adoptee turns for the worst, the adoptive parents may seek to annul or vacate the relationship. This usually occurs when both parties are no longer benefiting from their new relationship. In this regard, the court may grant a reversal if the adoptive parents can show that the relationship is no longer in the adoptee’s best interest or they are no longer able to care for the child.
Can an Adoptee Terminate an Adoption?
An adopted child may wish to terminate an adoption and vacate the court order of adoption. Upon reaching the age of majority, the adoptee may want to terminate the adoptive relationship so that he can inherit from his natural parent’s estate. Most adoptees have their adoptions reversed later in life due to failing relationships with their adoptive parents.
Getting Help to Terminate or Reverse and Adoption
Terminating an adoption is complicated. We recommend that you reach out to an adoption attorney for help with this type of paperwork. A People’s Choice does not prepare this type of paperwork.
The court will consider the welfare and best interest of the adoptee when making a decision. Moving parties must present to the court a compelling reason to end the adoptee relationship. Courts will also consider whether the relationship was made under duress or fraud in deciding whether to reverse an adoption. As mentioned above, there are many reasons as to why the adoptor(s) or an adoptee may want to terminate an adoption and have the adoption reversed.
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My wife and I have two daughters but, she wants to adopt her niece and i don’t. Can she adopt her by herself in California? If yes, if we were to get a divorce later and the adopted child is still a minor, will i be legally obligated to the adopted child?
I would check with an attorney on this question.
My brother and I were placed in foster care in 2008 due to my parents abusing drugs, and while my parents were recovering from their addictions my mom passed away which led my dad to relapse. He then lost hope and gave up his parental right at the time. My foster parents at the time adopted us and changed our first names. Unfortunately my adoptive parents turned out to be very abusive, and they kicked my brother out when he was 18 and didn’t want anything to do with him. I was 13 at the time and when I turned 18 I left too because I felt that my life was in danger. I never reported anything because I felt that the foster care system had already failed me. Now my brother and I are both adults and my biological dad is very supportive of us, and we have a great relationship. After already losing a parent I get worried that if my dad were to pass or were in the hospital because legally he isn’t our father we would have no say in what happens to him. I also want my birth name back, and I don’t want to be legally bonded with a family I want nothing to do with. Is there a way to reverse the adoption in some way?
I do not know about reversing it but it may be easier for your dad to file an adult adoption. You may want to consider getting some legal advice from an attorney.
I was put up for adoption in California in 1958. I have recently found my biological mom and dad. They have welcomed me with open arms. Both of my adopted parents are passed away. How do I go about reversing the adoption to revert back to my biological parents?
The easiest way would probably have your biological parents file an adult adoption.
I had adopted my granddaughter born to drugs from my daughter I fully adopted her and than when the pandemic hit I had no help with her and I was left with no one to watch her so I was left without a job we live in the state of illionis and I was never more forced to adopt her out to a family in California using a California adoption agengey I truly love my little girl I miss her so much my life ain’t the same without her this family has an open adoption agreement with me but with text messages I feel as there pushing me away they said with the pandemic the courts have not allowed them to adopt her yet but I don’t want to go threw with the adoption now my little girl needs to be with me I never wanted to give her up I was never more forced by the state of illionis or they said me and the child can always live on the streets. What can I do to have this reversed undone please
You need to talk to a lawyer.
We would like to annul an adult adoption that was signed by the judge this month
Speak to an attorney to see what options you may have.
my ex girlfriend left to Ohio with my two kids and did not let me speak to them after a couple months staying out there with my kids, 2 years past and decided to get married and have her husband adopt my kids in Ohio, I fought the case with a lawyer trying my best to not let that happen but unfortunately I lost, they then moved here to California and I have been trying my best to get in contact but she still does not let me. My question is can I possibly fight the adoption and get it nulled here in California?
I would reach out to an attorney to see what options you may have.
My daughter was adopted by my ex husband in a step parent adoption and he ended up leaving us and we haven’t spoken to him in 4 years, since then we were able to find her biological dad and he has stepped up tremendously. Is it possible to terminate the ex husbands rights and restore bio dad? This would mean so much to us
Once your daughter reaches the age of 18 it is quite easy to file an adult adoption proceeding. Otherwise, talk to an attorney to see what other options you may have.
My daughter was adopted in California as a child by my 2nd husband, her step-father, with of course, my consent. It turned out he was abusive. He and I have since divorced. She is now an adult and years ago reestablished a solid loving relationship with her biological father. Does she have either or both of the following options: 1- acquire her original birth certificate with her biological father’s name, 2-terminate her adoption. Thank you for any help you can give.
I would think the two adults could file an adult adoption. That would be the easiest.
My daughter was taken by CPS in California when she was 7 days old.The police report used against me was a fake.My child was adopted by a family friend in my birth state of Tennessee .At that time the adoptive parents appeared to give her a loving home. They violated our adoption agreement 2 yrs.ago when they made up atrocious lies about her biological father and myself and cut off contact with us.She is now 12 and has contacted us and sent pictures and videos of the adoptive mom abusing both her and the new baby they adopted. Can we ( the biological parents petition the courts to reverse the adoption and get her back?
I would talk to an attorney to see what your options are.