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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5936
Experience:  20 years of professional experience
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How can I regain custody of a child I previously adopted out

Customer Question

How can I regain custody of a child I previously adopted out and relinquished parental rights for?
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.
Since you relinquished parental rights, by law, you no longer have any relationship with the child by which to regain custody.
If you are going to have a shot at this, you would need to see if you can now adopt the child as per the Texas laws at the link below:
http://www.childadoptionlaws.com/child_adoption_laws/adoption_laws_texas.htm
IL appears to have a law on the books that will allow this, but I am not finding one that directly interprets this in Texas.
You may want to contact an adoption lawyer in Texas:
http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
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Customer: replied 1 year ago.
maybe i should had worded my question better.....
Customer: replied 1 year ago.
i was told i had ten days to withdraw consent
Expert:  Maverick replied 1 year ago.
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.161.htm
The law is at the link above.
1. Consent is IRREVOCABLE if baby is relinquished to the State OR to a state-licensed adoption agency whose relinquishment document clearly states it is irrevocable. See Section 161.103 (e)
2. A relinquishment in any other affidavit of relinquishment is revocable unless it expressly provides that it is irrevocable for a stated period of time not to exceed 60 days after the date of its execution.
3. A relinquishment in an affidavit of relinquishment of parental rights that fails to state that the relinquishment is irrevocable for a stated time is revocable as provided by Section(###) ###-####
Sec.(###) ###-#### REVOCABILITY OF CERTAIN AFFIDAVITS. An affidavit of relinquishment of parental rights that fails to state that the relinquishment or waiver is irrevocable for a stated time is:
(1) revocable only if the revocation is made before the 11th day after the date the affidavit is executed; and
(2) irrevocable on or after the 11th day after the date the affidavit is executed.
SO: - PRIVATE adoptions have a ten day revocation period.
HERE IS THE PROCESS:
To revoke your relinquishment under Subsection (e) you must sign a statement witnessed by two credible persons and verified before a person authorized to take oaths.
A copy of the revocation shall be delivered to the person designated in the affidavit.
If a parent attempting to revoke a relinquishment under this subsection has knowledge that a suit for termination of the parent-child relationship has been filed based on the parent's affidavit of relinquishment of parental rights, the parent shall file a copy of the revocation with the clerk of the court.

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