• how to terminate an adoption in California

How to Terminate an Adoption in California

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.

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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 wish to terminate the adoptive relationship so that he can inherit from his natural parent’s estate. Most adoptee’s have their adoptions reversed later in life due to failing relationships with their adoptive parents.

Contact A People’s Choice for more information on how to file a petition with the court to terminate an adoption. 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. Contact us today for help in drafting the legal documents you need to file your adoption termination petition.

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By |2018-06-08T18:46:55+00:00May 28th, 2018|Adoption|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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