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Questions about Adoption Laws

Every year thousands of children are adopted in the U.S. by U.S. citizens and from abroad. This is known as international or intercountry adoption. The United States Citizenship and Immigration Service regulates the adoption process of determining the eligibility of the prospective parents and the child to be adopted. There are various processes for adopting a child internationaladoption. The process can be a complex one and the prospective parent might face legal or procedural difficulties in some cases while trying to adopt a child. A professional or Expert help might be required in such cases. Listed below are a few commonly asked questions regarding adoption laws that have been answered by Experts.

What is the legal process and expenses involved in reversing the adoption in California?

Once a child is adopted it is usually difficult to reverse the adoption. A valid reason such as fraud has to be proved in the court of law to be granted a reversal of adoption. If it can be proved that any relevant information had been suppressed which could have potentially dissuaded you from adopting the child while the adoption process was on, the court might grant an order in your favor. Merely the adoptee going back to his biological family may not be a sufficient ground for granting a reversal of adoption.

What is the age limit for adoption in California and how long does one have to wait before initiating the adoption process?

In California there is no such bar on age so far as adoption is concerned. Any person can be adopted at any age. If the adoptee is under 18 then it is a child adoption while in the case of the adoptee being above 18 years of age it will be considered adult adoption. If someone wants to adopt a child or adult there is nothing like a waiting period before the initiation of the adoption process.

If a parent wants to get back an infant after signing over the parental rights how should he/she proceed?

The U.S. adoption law usually does not permit a parent to get back a baby/infant once the adoption process is over and the parent has signed over the rights to the adopter. Once the adoption process is complete the biological parent has terminated all the rights over the baby. There is an exception to the rule. If the biological father can prove that the entire adoption process was conducted keeping him in the dark and he had never consented to the adoption then it is possible that the court might revoke the adoption and the father might get back his child. However, the mother is usually not entitled to any such claim.

If a grandparent is wanting to adopt a grandchild, can the biological parent of the child contest the adoption without the help of an attorney?

Usually an adoption is only possible when the biological parents give consent to the adoption. Without consent it is rather difficult for anyone to adopt a child, unless the parent is proven unfit. A parent can contest an adoption without an attoney, however, the parent will need to make sure to go through all the copies of legal documents of the adoption case so that everything is in order and well prepared when the case comes up for hearing in the court. That said, it is advisable to hire an attorney to plead the case since a professional is usually expected to do a better job than a non-professional for a better outcome.

I want to get my adoption records. While I had met my birthmother earlier , both sets of my parents are now deceased The Catholic Social Services are not helping me citing confidentiality clause in North Dakota. What should I do now?

The Catholic Social Services may be right since they are legally constrained not to reveal the records in a ‘closed’ adoption case. The best possible option for you is to move the court and pray for an order to reveal the records. If you can prove to the court that you had already met your biological mother and are privy to a lot of information thereby rendering it pointless withholding the records, there is a fair chance the court might rule in your favor. While that may not always be the case, there are some recent instances where the courts have re-opened many ‘closed’ adoption cases.

In adoption cases a lot depends on how a petitioner puts forth the case properly. Cases related to adoption are many a time quite complicated for the parents to handle themselves and an Expert might be of great help in handling the legal niceties associated with the adoption process.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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