How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Anthony Your Own Question

Anthony
Anthony, Family Law Attorney
Category: Family Law
Satisfied Customers: 146
Experience:  14 years practicing Family Law in Northern and Southern California. Former Child Support Attorney.
10538194
Type Your Family Law Question Here...
Anthony is online now
A new question is answered every 9 seconds

How can I unadopt a child who was misrepresemnted by Hawaii

Customer Question

How can I "unadopt" a child who was misrepresemnted by Hawaii adoption agency?
Submitted: 5 years ago.
Category: Family Law
Expert:  ANDREA, replied 5 years ago.

Good Evening,

 

It all depends,

 

How was the chiled misrepresented?

 

ANDREA, JD, LLM

Customer: replied 5 years ago.

use parents had really looked forward to the adoption. School also reports that his behavior is unmanageable. The child is undermining the stability of the marriage; the mother has become ill due to stress; their financial stability is threatened due to high cost in adoption fees and continuous medical/psychiatric care, etc.This really seems like a case of wrongful adoption. Help!!

Expert:  ANDREA, replied 5 years ago.

Since you legally adopted the child, you and your wife would both sign an "Affidavit of Voluntary Relinquishment of Parental Rights" and you would give the child either to the adoption agency or so a State Social Services Agency.

 

Have you spoken to the adoption agency? It would probably be best to return the child to familiar surroundings since the child has been taken here and there, the poor thing doesn't know what is going on - first his natural parents are gone, then he's an orphan, then a family adopts him, but his adoption costs bring financial instability to the family. So, they figure he's broken, too much trouble, so they give him back and the child is made to believe it's all his fault.

 



Edited by Andrea on 11/1/2009 at 9:46 AM EST
Expert:  ANDREA, replied 5 years ago.
I am going to opt out, and you can have another expert assist you because I am not able to help you in your dilemma.
Customer: replied 5 years ago.

Your response to me does not accurately reflect my concerns. This is not, as you have implied, a case where the parents are rejecting the child because he is "broken" and is causing financial instability. These are the facts:

1. Child's condition was misrepresented by the agency. The parents had clearly stated they wanted an older child(not infant, because they knew that the older child was less often adopted) with no special needs. The parent company in Taiwan sent reports to a contracting agency in Hawaii, accurately describing child and his disabilities. The agency in Hawaii deleted these significant facts before forwarding the reports to the parents. Consequently, the parents had no idea about his disabilities.

2. The parents, in good faith, accepted the reports from the adoption agency in Hawaii, went to Taiwan to receive the child. They have now had him for approximately 6 months. It became immediately apparent that there were significant problems.

3. After extensive medical /psychological/educational evaluations, he was referred to a behaviorist and psychiatrist whose diagnosis was childhood schizophrenia.

4.The financial instability is not the significant factor. As I mentioned in our earlier communication, the mother is ill due to stress and the the stability of the marriage is threatened.

My question is what recourse does the parent have? There must be some justice for the parents who, in good faith, adopted a child under these highly questionable circumstances.

 

 

Customer: replied 5 years ago.

I have already replied (11/1/2009 at 3:10PM). Do you need more information? I am now waiting for response.

Expert:  Anthony replied 5 years ago.
I respectfully XXXXX XXXXX Andrea's comments.

You may have a lawsuit against the agency for the tort of "Wrongful Adoption." The agency's conduct was outrageous, and truly horrific. You should be commended on wanting to adopt an older child. You specifically requested a child without disabilities. This wasn't a case where the agency didn't know about the disabilities, they intentionally deleted the information so you wouldn't know. That is fraud.

You should seek the assistance of a civil attorney immediately. Most attorneys will take a case on a contingency basis, which means they will receive a percentage of the settlement/award as their fee. This seems like a case where the award could be considerable considering the severity of the disability and the intentional misrepresentation by the agency.
Anthony, Family Law Attorney
Category: Family Law
Satisfied Customers: 146
Experience: 14 years practicing Family Law in Northern and Southern California. Former Child Support Attorney.
Anthony and 2 other Family Law Specialists are ready to help you
Expert:  Anthony replied 5 years ago.
I wanted to add something....

Wrongful Adoption is a specific "tort" (Civil wrong for which there is a remedy). Hawaii may not specifically recognize that tort, but a civil attorney can inform you of what "tort" theories you may sue under, such as fraud, negligence, or a breach of contract action. The most important thing is to talk to a well-respected attorney in person who can tell you what your options are. I would be stunned if you had no recourse against the agency.

Good luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
Anthony
Anthony
Family Lawyer
146 Satisfied Customers
14 years practicing Family Law in Northern and Southern California. Former Child Support Attorney.