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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.
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How can I unadopt a child who was misrepresemnted by Hawaii

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How can I "unadopt" a child who was misrepresemnted by Hawaii adoption agency?

Good Evening,


It all depends,


How was the chiled misrepresented?



Customer: replied 7 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!!

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
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 7 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 7 years ago.

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

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 5 other Family Law Specialists are ready to help you
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.