adoption reversal

[twister1]

What is the name of your state? minnesota, my daughter is currently with a adoptive family, but the adoption is not yet finalized. it is my wish to proceed with an diruption or a dissolution of the adoption and gain custody of her. she was placed without my consent and the birth mother lied to the adoption agency and said i was okay with it. to make matters worse all this was done while i was incarcerated but permenantly realeased as of 102103

 

[HomeGuru]

What is the name of your state? minnesota, my daughter is currently with a adoptive family, but the adoption is not yet finalized. it is my wish to proceed with an diruption or a dissolution of the adoption and gain custody of her. she was placed without my consent and the birth mother lied to the adoption agency and said i was okay with it. to make matters worse all this was done while i was incarcerated but permenantly realeased as of 102103

**A: were your parental rights terminated?

 

[twister1]

my parental rights were never terminated

 

[nextwife]

Adoption reversal

Just curious. How old is this child, and how long has she been with the adoptive family?

 

[twister1]

nextwife

mydaughter is now 2yrs 3 mnths and she has been with the family since oct2002

 

[enjay]

You'll be released this coming October or was that a typo?

 

[nextwife]

I presume you have thoughtfully reviewed what will happen once you disrupt the adoption? Do you have face good employability prospects? Can you provide a secure and safe home environment with good role models for this child? Health care? Day care expenses while you work? You get my drift. I realize none of these things are actually required of bioparents, it's just something that's good planning for anyone choosing to take on parenting - bio or not.

I wish the best for all involved.

 

[twister1]

enjay

Sorry, that is a typo i am already released and doing very well for myself.

 

[twister1]

nextwife

i have thought it over extensively and have talked it over with my wife. i am gainfully employed and do have the benefits to provide for my family. as for other things my wife is a stay at home mom with our 1 1/2 yr old daughter. we are a finacially and emotional stable family who just wants "our" daughter to be home. I don't know if i said this before but the birth mom has lied to the adoption agency and told them i was ok with this. she has given birth to three children different fathers in all cases and has given them all up for adoption. i like to thank you for you input it has helped. question? are you an adoptive parent?

 

[nextwife]

Yes, I adopted my daughter from an orphanage she had been placed with at a few weeks old. She was 25 months when we adopted her.

THe adoption agency was very wrong to not obtain more from your girlfriend than HER verbal authorization on YOUR behalf. They should have followed through and obtained your release as well. I do not know what liability she may have for her fraud. I hope it's major!

DID she falsley name a different person as the father, or name you and they failed to contact you? I would have been ready to "go postal" furious if my agency had not provided better due diligence and made certain of full legal availablity prior to placement. This is exaclty the scary type of scenario that caused me to pursue an international adoption. After suffering my pregnancy losses, I could never have emotionally dealt with losing my real flesh and blood adoptive daughter whom we adored due to a legal snafu. WE are fully emotionally invested in her, and have facilitated four surgeries that she needed, but could not have done while under orphanage care. Her hearing is now restored, she has finally learned to talk (and now doesn't stop! LOL!), and her vision has been saved. None of that was likely to happen in the baby home.

 

[twister1]

nextwife

Thank you for your reply. I can understand how you would feel. The attorney we are dealing with doesn't even know how this adoption should have went through. I believe he is pretty preturbed at the audacity of the California courts. and he is willing to bring criminal charges against the birth mom. what she did is totally wrong. I sympathize with your situation and am happy that your daughter is well and you have a happy family. I just hope that everything turns out . I know the joy a child can bring to a persons life and I thank god everyday that I have my daughters. The birth mom just gave her word and the agency never sent me any paperwork to sign or was given any notification. So you can see where my anger is at. Thank you again for replying. [email protected]

 

[djohnson]

Hmm, were you on the birth certificate as father? I wouldn't think this adoption could go through with out your signature. Could she have had it forged? If she has said someone else is the father or your not on the birth certificate you will have to prove paternity first. There seems to be more going on. Is the the child not with the birth mother? Are you sure that while you were incarcerated she didn't have your rights severed?

 

[nextwife]

I understood that there was a third party adoption. I, too, wondered how an adoption with no relinquishment of paternal rights occured. I can't see a court merely accepting "he said it was ok" as sufficient. In my daughter's oversees adoption, the father is stated as "unknown", and no paternity established (their laws do not require it) BUT she was available at the orphanage for two years before the adoption was approved, and no biofather came forward in that time. That was long enough (too long!!!!) for a kid to stagnate in an orphanage with no one to love them, hold them or talk to them.

Either she lied about who the father is and had that party relinquish, she forged his name on a relinquishment, she lied to Randy when she told him the child was his, (and the child is really not his), she claimed the conception was because of rape (I do not believe a child concieved of rape is subject to paternal rights), there was some form of paternal rights termination (by publication?), or the adoption professionals really messed up!

Now, I am thinking that, because no DNA test was ever done, paternity may never have been established?

What did the birth certificate say about who the father is? Do you know if you are listed?

 

[nextwife]

Randy,

I located this site, which is a summary of CA adoption law:

http://www.adoptionsolutions.com/general/state laws/ca_law.htm


Consent to Adoption
The following parties must consent to the adoption:

1.
the mother;

2.
the man who is presumed to be the father by marriage or attempted marriage to the mother at the time of birth or within 300 days prior to birth; or has been legitimated as the father by other specified means;

3.
Department of Social Services or county adoption agency, where parental consent
is not necessary; and

4.
an adoptee who is over 12 years of age.

No consent is required in the following circumstances:

1.
one parent has been awarded custody and the other parent has not communicated with nor paid support and care of the child for 1 year, then the custodial parent alone may consent, as long as the noncustodial parent is given notice of the hearing;

2.
when parental rights have been terminated or the parent has voluntarily given up his or her rights to the child;

3.
when the parent has deserted the child; or

4.
when the parent has given up the child for adoption by relinquishing rights to the Department or a licensed agency.

The court shall order that relevant persons and agencies make efforts to identify the alleged natural father. Any potential natural father who is identified must be given notice of the hearing. After the natural father, or more than one natural father, is notified, they must claim paternity within thirty days and appear at the hearing or their parental rights will be terminated. If the natural father does appear in court, the court will determine if he is in fact the father and then determine if it is in the child's best interest for the father to retain his parental rights. If so, the father's consent will be required. If not, the court will terminate the father's parental rights.....

If after making efforts, the court is unable to identify the natural father, the court will enter an order terminating the unknown father's parental rights. (This information regarding alleged father's rights is found in Sections 7610 to 7670 of the California Civil Code).

I don't know if this helps, but it provides some information you may not have had.

 

[twister1]

nextwife,djohnson

As far as I know my rights were never terminated or was ever notified of such termination. When my child in question was born I did sign the birth certificate. The only thing that didn't happen is that I was never adjudicated as her father because the county of St. Louis and it's courts didn't have any such forms for that. I finally had to go to the county of which I live in to have the courts do the adjudication. According to the agency, they have me as the Bio father in their records. My daughter is with the adoptive family and all the agency is willing to tell me is that I should just sign the papers and not disrupt anything. As far as I know she has been with the adoptive family since Oct, 2001. Her mother and I were living together for almost two years. we seperated almost 6 mnths after she was born. I am afraid to take a paternitiy test because I don't want to know, even if there is some kind of doubt. The mother has always stated I was the bio father.