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When Adoption Goes Wrong: Advice Needed

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Antigua73

Junior Member
What is the name of your state?What is the name of your state? New York

Hi everyone,

I am about to marry an wonderful, kind man. Yet we have a very big problem.

My fiancé Kenny was in a relationship 3 years ago with a woman who had a little girl. They moved in together and Kenny became very close to the child. At the time, the mother did not have a job and no insurance coverage for her child. She asked Kenny to adopt the little girl, to put the her on his health insurance.

Kenny, being a recent immigrant, was unfamiliar the US Healthcare system and being naïve and kind, agreed to the adoption. It was easy to get the adoption through because there was no father on the child's birth certificate.

Kenny and the woman were never married and 2 years ago they went their separate ways. He never heard anything from her again.

Eight months ago, Kenny received a call at work from the DA’s office inquiring about the child. Later that evening the police showed up at his apartment and asked him to evacuate the premises, because his child needed a place to live.

Apparently the child's mother was put out of the place she was living and ended up in a shelter. She went to the police in order to get out of the shelter.

Kenny now lives in a room. All of his possessions are still in the apartment and he is paying rent on both places. This has been a great strain on him emotionally and financially. And to put icing on the cake, he recently received papers to pay child support.

They have been in and out of Family Court for the last several months, and the case keeps getting postponed.

He goes back to court again at the end of June. He has a lawyer and his goal is to get the adoption overturned.

My questions are:

1. Can the adoption be overturned?
2. Are there any prior cases similar to Kenny's?
3. Is there anything that can be done/said to strengthen his
case?
4. What are his other options?
5. Do you have any other advice for us?

Please help us. Thank you.
 


S

seniorjudge

Guest
1. Can the adoption be overturned?

A: Generally, no. There is no way of "unadopting" someone.


2. Are there any prior cases similar to Kenny's?

A: Yes, but I do not have any citations at the moment.


He should ask his lawyer for specifics in your state.
 

Antigua73

Junior Member
Thanks

Thanks seniorjudge. This is not very encouraging.

Any citiations you may find would be greatly appreciated.

So guess you are saying he has no rights in this case.

I will have him speak further with his lawyer.
 

stealth2

Under the Radar Member
How is it that "Kenny" has gone two years without seeing his daughter? Or apparently making an effort to see her? Does he realize that, in fact, by adopting this child she DID become HIS daughter? Is he paying support?
 

Antigua73

Junior Member
As I stated before, Kenny is a recent immigrant who was coerced into adopting this child to give her health insurance.

He had no idea what adoption truly entailed. Yes he was foolish to get into something so serious, but deception is wrong as well.

The child's mother, who is an American took advantage of his unfamiliarity with the American Judicial system.

She was basically looking for someone to take care of her child, because the birth father was incarcerated for drug possession.
 

VeronicaGia

Senior Member
What I want to know is how someone kicked him out of his own home whe it was not hers, she did not live there, etc.....I think she scammed him again!
 

nextwife

Senior Member
VeronicaGia said:
What I want to know is how someone kicked him out of his own home whe it was not hers, she did not live there, etc.....I think she scammed him again!

I agree. The cops or DA kicking him out of his place and putting her in sounds pretty bizarre. Fisrt, if he was the legal tenant, he does not even HAVE the legal right to place someone in there that the Landlord has not authorized. And, if he wanted to offer his place to his kid, he did not need to move OUT to have the child stay there. The police/DA have no legal right to force him to give up his place like that.

One thing though, adoption is forever. Why would anyone, familiar with the US system or not, believe their obligation to their adopted child is anything less than it would be to their biochild? My child is from overseas. They understand what adoption is in other countries, just as we do here. What country did he come from where they don't know that adoption is forever?

Our adopted kids are not disposable.
 
Last edited:

stealth2

Under the Radar Member
Antigua73 said:
He had no idea what adoption truly entailed.
Oh please. Noone with normal intelligence is this naive. And if he is? He has no business considering getting married to anyone. Quit enabling him.
 

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