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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37854
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I live in county alabama. 2 years ago we began the adoption

Customer Question

I live in morgan county alabama. 2 years ago we began the adoption process of a child that had lived in our home since he was 6 months old. I and my wife has been the sole support for this child. He is now 5. 2 years ago the birth mother voluntary signed over parental rights. We have now completed all the paperwork to proceed with the adoption including the home study. Now our attorney says that the county is requiring everyone to resign the adoption papers including the birth mother because it has been 2 years since she signed. The birth mother just gave birth to another child and we are afraid that she may not resign. Does she have to resign and if not, what course of action may we have to have her parental rights revoked if it came to that.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If the birth mother will not sign again, as id being required by the county, you have a problem, because you cannot force the birth mother to sign the document, despite the fact that she signed it 2 years ago. You would simply have to ask the court to find that the original signing is still valid and proceed with the adoption and hope that the court finds that the signature is still valid for purposes of proceeding with the process of adoption.

You could always sue to seek to have the parental rights of the birth mother terminated for a reason allowed under Alabama law. Here is the law:

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

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I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you? I am not compensated until you rate me.

Thanks in advance,