Adopting a child is a serious decision that requires a huge investment of money, emotion, and time. It is a hugely rewarding undertaking, but it should not be pursued lightly. Luckily, the law is designed to fairly well ensure that no prospective parents decide to adopt a child on the spur of the moment. The costs of adoption (both in time and money) depend largely on the circumstances in which you decide to adopt. For example, a matter where a stepparent decides to adopt their stepchild will likely be relatively quick — all that is required is a background check and a home study, and then the judge will more than likely approve of the adoption, particularly if the stepparent has been raising the child without issue for several years. If you decide to adopt a child another way — that is through a private agency or public adoption, there will be a longer wait to finalize the process. In New York, according to the Office of Children and Family Services, it may take up to six months from the day you apply until a child is actually placed in your home. But there are additional steps after that, which may extend the time period anywhere from three months to twelve months before the adoption is actually finalized in court. The adoption process is fraught with paperwork and procedural steps that should be followed closely. For this reason, it is wise to seek counsel from a licensed attorney in your state. The adoption process usually begins with the parent choosing which adoption agency they wish to use. Some agencies specialize in foreign adoptions, which can cause adoptions to take even longer. Others specialize in domestic adoptions, or are part of the foster system through the state. After deciding what kind of adoption to pursue, you must file an application for adoption. Once the application is submitted, the process kicks off, and the clock starts ticking. First, various background checks (including criminal checks) are performed. There will also be an inquiry into whether or not you have been involved with Child Services. If you pass all of these checks, and sometimes even if you don’t, you will proceed to the adoption home study. This usually happens within four months of your application. Do not be discouraged if you made some youthful indiscretions before you begin the adoption process; if your background check reveals some checkered past, the home study investigator may simply inquire further as to the facts and circumstances of your background. Meanwhile, you will usually be expected to attend some form of parent training with whatever adoption agency you have chosen. Once all of this has been completed, your agent will work with you to place the right child with you and your family. Obviously, this is not an exact science, and this can be what takes the longest for the adoption to be finalized. Finally, once the child is successfully placed with your family, you will likely complete a number of post-placement visits. For example, New York State law requires that the adoption agency monitor and supervise the placement for no less than three months. The appropriate petition, papers and order must be filed with the Court before it can actually be finalized. A lawyer can help expedite this process and ensure it is done correctly. A judge must still finalize the adoption, often soliciting testimony from the prospective parents and even the home study investigator. If the court determines the adoption to be in the best interest of the child, it will approve the adoption. As you can see, the entire adoption process takes at minimum three months, but very often lasts at least a year or more. Hiring a competent adoption professional can make the process much smoother and easier for you, and provide a voice of reason and assurance in what can be an emotionally fraught time for you and your family. In the event that you find yourself facing any of these questions, please do not hesitate to contact Zurica Law at 917-538-3670. We will be happy to assist you in answering your questions and representing your interests.
***
Anthony Zurica is an Attorney specializing in Adoption Law and a guest writer for Considering Adoption. Based in New York City, Anthony stands by his clients as an ally and friend during the entire process of adoption, from application to successfully becoming a parent. Although adoption can be an emotional and oftentimes lengthy process, Anthony is committed to being there every step of the way, 24/7. Dedicating his life to inspiring optimism and encouraging patience, Anthony works closely with individuals and families. Furthermore, Anthony is a proponent and advocate for LGBT families. Anthony also volunteers as a CASA (court-appointed special advocate for children), and is on the junior board of the New York Foundling, a charity that that empowers thousands of children and families to live independent, stable and fulfilling lives throughout NY. Find out more and feel free to get in touch through his website, www.nycadoptionlawyer.com, Facebook, Twitter or LinkedIn.
The answer to most modern-day legal questions is usually: “It depends.” State adoption laws determine who is eligible to adopt a child. In New York, the main laws regarding adoptions can be found in Dom. Rel. §109-117. Generally speaking, the following requirements must be fulfilled before the adoption of any baby can occur:
So, as long as you are over the age of 18, you can at least start to be qualified to adopt your sister’s baby in New York — it would be treated just as the adoption of any other baby. In other words, there is no legal impediment otherwise to you adopting your sister’s child simply because it is the baby of your sister. If you do decide to adopt a relative’s baby, it is prudent to get the advice of an attorney, as the adoption process is lengthy and paperwork-heavy. In New York, parents can consent to the adoption by signing a formal document called a “surrender.” It must be done either in court, before a judge, or outside of court. The downside is that if the surrender is executed outside of court, the parent has the chance to change their mind within 45 days and the child may be returned. If it’s done in court, the surrender is final and cannot be changed. If your sister (and/or her partner) is willing to terminate their parental rights, then in New York, there are several steps you need to take before the adoption can be complete. If the child in question is part of the New York Family Services agency, more steps are required. First, you will have to submit to a background check, provide a medical history and a check to make sure you do not have any investigations by Child Services. You will need to go through a home study to ensure that your residence (and the other members of the family living with you) is safe for a child. After the child is placed with you, you will need to work closely with the child’s caseworker and the agency to ensure the child is adapting well before the adoption is finalized. If you and your sister have a private agreement concerning the adoption of the child, you still need to undergo the necessary background checks and home study, after which you will need to be certified by the court. However, the process would be more streamlined and efficient if your sister agrees to terminate her rights and voluntarily place the baby. The relative adoption process varies based on each state’s laws. An attorney can help you begin this process, and ensure that all the documents are filled out properly. Overall, an attorney will be essential to making sure the process is initiated and finalized. They will know what is required, which documents to file and where, and can even tell you what to expect during the home study. Overall, there is no obvious impediment to adopting your sister’s baby, provided you are a good candidate to adopt a child in general. In the event that you find yourself facing any of these questions, please do not hesitate to contact Zurica Law at 917-538-3670. We will be happy to assist you in answering your questions and representing your interests.
Healing is not something that I have been able to do in isolation. It has taken me utilizing friends, recovery programs, and professional support in order to walk this path. I want to outline some various forms of support and the benefits that I have found in them as far as healing as a birth mother goes.
I think that therapy is the most obvious form of support for me. I have been in therapy on and off for a very long time. I have never seen anything wrong with going to therapy, but I have had conversations with people who think that going to therapy makes them weak in some way. I have never felt or thought that going to therapy made me a weak person. In fact, I have always believed the opposite. Therapy services are not easy to utilize, as it requires being brave to open up to another individual. I have benefited greatly from therapy, as having an unbiased individual to bounce ideas off of and talking through my problems has served to help me gain clarity about whatever situation I am faced with. Not every therapist matches with every client. There have been therapists that I have had a few sessions with and realized we did not click as I needed. Yet, I have also had experiences with therapists who seemed as if they got their degree just to counsel me. If you have never been in therapy, but are considering utilizing this resource, my advice is to take your time with getting to know a therapist and allowing them to get to know you. It takes time to begin an intimate and confidential relationship with another person. Don’t expect to have them give you all the answers to all of your problems. Therapists are supposed to help guide you to your own answers. Healing takes time, so please be patient with yourself. Make sure you find a good fit for a therapist and take your time as you grow an honest and trusting relationship with them.
Case management takes many forms and is available through different organizations and statewide programs. The case management that I have experience in is called “person-centered planning”. This type of case management requires the individual who is seeking treatment to work with their care team in order to set goals and objectives and meet them. I utilized case management for a number of years and found that it taught me some valuable lessons about goal reaching and objective setting. One of the aspects of case management is crisis planning. You don’t necessarily need a case manager in order to set up a crisis plan, yet this was where I learned about it. Crisis planning is when you take a look at triggers that can send you into a mental crisis and implement a plan as to who you will call and where you will go if these triggers are met and you find yourself in crisis. I have struggled with depression for years; hence crisis planning was something I greatly benefitted from. The other great thing about case management is that I had someone to check in with regarding my weekly, monthly, and life goals that I was working on setting for myself. Case management reminds me of life coaching. I learned that it is okay to set goals for myself regardless of what I was going through. I now use a planner in order to keep track of my tasks and objectives. I suggest case management for those who find it hard to complete daily life tasks and meet life goals. As a birth mother who was incredibly lacking in purpose for a while, case management helped me to sort out the mess and start to work towards creating a life for myself.
Seeking out assistance in order to accept life’s circumstances and move forward with one’s life takes courage. In order to open up to another individual or group, we are required to have strength and some form of focus. If you find that you are struggling in isolation to heal, please seriously consider seeking out one or more of these resources for yourself. After all, your life belongs to you and you are the only one who can take the steps necessary in order to walk a path of healing. ~Lindsay Arielle Lindsay is a guest blogger for Considering Adoption. She placed her son for adoption 7 years ago and hopes to use her experience to support and educate other expectant mothers considering adoption, as well as adoptive families.
Second parent adoption is an important and significant legal issue for same-sex couples. In the case of a same-sex couple with biological children, only one parent is the biological mother or father of the child. In the case of a same-sex couple with adopted children, it is often the case that only one parent is the legal parent. Therefore, the other parent’s legal rights to raise the child or to make important child rearing decisions can be in jeopardy. In a second parent adoption, the biological or legal adoptive parent can allow their partner to legally adopt the child. Under these circumstances, the couple does not have to have a legally recognized union, nor do the biological or adoptive parent’s rights have to be terminated. Currently there are 14 states that allow for second parent adoption, including California and New York. For a comprehensive list, please see the National Center for Lesbian Rights (NCLR). In states that permit second parent adoption, procedures are in place to assist the co-parents in creating two legal parents for their child. The process can be used by:
See also Second Parent Adoption Laws Equality Map The basis for needing a second parent adoption is to protect the rights of the non-biological parent and the family unit. In a committed family, the non-biological parent often spends as much time caring for the child physically, psychologically, emotionally and financially as the biological mother or father. Hence a strong parental bond is established and should have the option of being legally protected. In addition, the rights of the child and the parent should both be protected in the instance of: death of the biological parent, social security benefits, insurance benefits, medical benefits and health care decisions and inheritance. All of these rights can be adequately protected with second parent adoption. However, there are seven states that prohibit second parent adoption. In these states, other avenues of protection can be pursued in the event that the non-biological parent is in the position of defending, or attempting to establish, their rights as a legal parent. Even states that prohibit second parent adoption have begun to recognize that significant parenting is often done by a non-biological or non-adoptive parent. The phrase used to describe a situation such as this is “psychological parenting,” “de facto parenting” or “parenting by estoppel.” A determination that the non-biological parent has performed this type of parenting on a consistent and long-term basis can be evidence that the parent should have a legal right to continued contact with the child. Under these circumstances, the court will look at the following factors;
These factors can be proven based upon the daily activities of the family, the inclusion of the child in the non-biological parent’s will, co-parenting agreements regarding child rearing and discipline, responsibilities for school, extracurricular activities and social events, and records of financial support. All of these shared, family-oriented responsibilities will give the court a basis for finding a parental bond between the child and the non-biological parent thereby protecting the rights of their relationship with each other. In a world where the composition of the family is ever-changing, new laws are needed to protect the rights and the relationships between all parents and their children. Hence, second parent adoption procedures are necessary and needed to ensure that all parents’ rights are considered and encouraged. In the event that you find yourself facing any of these questions, please do not hesitate to contact Zurica Law at 917-538-3670. We will be happy to assist you in answering your questions and representing your interests.
If you’re going to see the recently released movie “Lion,” expect to shed a tear or two. If you’re someone whose life has been affected by adoption, prepare for an emotional rollercoaster that may hit very close to home. Based on the true story of Saroo Brierley, “Lion” follows a 5-year-old Indian boy who finds himself thousands of miles from his home and family after mistakenly boarding and being trapped on a train for days. Eventually adopted by an Australian couple, Saroo decides to search for his birth family and home 25 years later — using only Google Earth and a few distant memories.It’s an emotional tale for anyone watching, but it also teaches several lessons about adoption and the affects it can have on those involved:
After living in a Bengali orphanage, Saroo is adopted by an Australian couple and brought to their home in Tasmania. Not only does Saroo have to adjust to a completely different country but, at the time of his adoption, he speaks little English and has little comprehension of the type of life and culture that his adoptive parents have.It takes unending patience from his adoptive parents, including his mother (played by real-life adoptive mother Nicole Kidman) for him to adjust to his new home, language and culture. However, what highlights the challenges of international adoption even clearer is the couple’s adoption of another Bengali orphan, Mantosh. Unlike Saroo, Mantosh encounters harrowing emotional issues with his adoption and adjusting to his new adoptive family. In a montage of scenes, the film shows the Brierleys attempting to calm down Mantosh, who reverts to hitting himself in times of stress and anxiety, and the emotional toll it takes on Sue Brierley, who copes with feelings of inadequacy as a mother. The language barrier between parents and child only makes it more challenging. It’s an honest portrayal of how difficult international adoption can be, especially as an adoptive child and adoptive parents adjust to their new lives together.
As Saroo grows older, he thinks more and more about the family that he left behind in India — wondering if they’re still there and waiting for him to return. The unanswered questions he has begin to consume his life as he tries to track down his origins, but he hides his search from his mother, afraid he will hurt her feelings by admitting what he is doing.After his search begins to distance him from his mother, however, he tells her about his plan — and is surprised at the way his mother reacts. She understands his questions and, when he tells her he’s planning on returning to India to look for his birth mother, she says, “I hope you find her.” The lessons from this scene can apply to anyone affected by adoption, whether it’s international or domestic. It’s normal for adopted children to wonder about their parents, their heritage and where they came from — and it’s important for adoptive parents to understand that this curiosity isn’t a reflection upon their own parenting ability. The best thing you can do for an adopted child wondering about their birth parents is to support them in their search (which is why an open adoption can help with any unanswered questions an adopted child has).
Even though Saroo searches for his birth mother and eventually finds her, it doesn’t affect his relationship with his adoptive mother at all. In fact, it even strengthens it. After reconnecting with his birth mother, he calls up his adoptive mother to remind her that nothing has changed. She’s still his mother, and he still loves her just as much as he did before he found his birth family. Seeing his birth mother again just gives him the chance to make sense of his childhood story, show his appreciation for her love for him and rediscover an important part of his cultural heritage.
—
Whether you’re an adoptive parent or an adopted child, you probably know that post-adoption issues are more common than others may think. Seeing them represented onscreen is not only a great way to validate them, but they’re a great conversation starter for discussing adoption with those who are unfamiliar. Overall, “Lion” is a wonderful story about international adoption, discovering who you are and the love between parents and children. For anyone affected by or interested in adoption, it’s a must-see. “Lion” is playing in limited theaters and rated PG-13. You can find Saroo’s memoir, “A Long Way Home,” here.
I have had to set up personal boundaries when it comes to visiting my son. While these visits are about us getting to spend quality, positive time together, that doesn’t mean that it is without emotion. Leading up to deciding that it is time for a visit, I become lonely. I start to ache in curiosity as to what his little smile looks like in person, and what he is feeling in terms of confidence and security. I worry about the same things that other mothers worry about. I know it’s time for a visit when I start to crave kissing his cute little cheeks and need some moments with him.
I always ask if I can schedule a visit with his parents. We work out schedules. Even if it’s months ahead of time, I have learned that having a visit scheduled is something that brings me great joy. I find peace in knowing that very soon, I will lay my eyes upon his countenance. When I visit him, I get lost in the moment. I find myself wrapped up in the present, the experience, and the love that I have for him. I do not dwell on what was, what could have been, what will be, or anything else. I just enjoy my son.
After a few hours, I usually know when I’m done visiting. It’s odd, but I’ll start to feel sad that I’m not the one who is taking him home. I begin to feel a heaviness and want to cry. That is the moment that I know it is time to set up a personal boundary for myself. It’s important that we take care of ourselves as birth mothers. If we want a three-hour visit, but can only handle one hour, there is nothing wrong with that. My time with my son is precious. My son’s parents appreciate that I know my own boundaries, and not only respect myself enough to establish them, but keep them as well. After all, it is a sign of respect to trust yourself and listen to your heart when it is speaking to you.
On the car ride home, I don’t call anyone or listen to music for a while. I usually just sit and revel in the joy and peace that I feel after knowing that my son is happy. That is what gives me peace: knowing that my son is healthy and happy. I do not live in my sadness, but I do allow the feelings to come and go within reason. Visiting with your child should be joyful, and as time goes on, the relationship will ebb and flow. While some visits may feel sad, reflect on what was good. Cherish those moments because children grow up too fast to be stuck in what happened a year ago. Be grateful for your relationship with your child, embrace it, respect it, and let the joy consume you when it comes. Allow yourself to feel happiness. Don’t fight peace and stay in brokenness. Walking a journey of healing means allowing happiness to come into your life, and choosing to focus on that. ~Lindsay Arielle Lindsay is a guest blogger for Considering Adoption. She placed her son for adoption 7 years ago and hopes to use her experience to support and educate other expectant mothers considering adoption, as well as adoptive families.
When couples are looking to expand their family, adoption is a giving and beautiful option. But many couples have secreted fears about adoption. Their concerns can range from the uncertainty of finding the right birth mother, to hidden medical issues, to the ever-looming possibility that a biological parent could change their mind before the adoption is finalized. In addition to the practical and emotional concerns, new parents may also be leery of the process of adoption. Initially it is important for couples to understand the basic process of adopting a child:
Most state laws and regulations are designed to facilitate a smooth and easy transition for the successful placement of children in need of homes. However, each state’s regulations do vary. Some states require more scrutiny of the adoptive parents than others. Other states give the birth mother and/or father more time to change their mind prior to the adoption becoming final. For example, some of the friendliest adoptive states seem to be:
Some of the less adoption-friendly states include California, Maine, Maryland, Ohio and Rhode Island. However, it is absolutely still possible to adopt in these states, and there are many local and national adoption professionals who can assist families in navigating the process and their state’s laws. The state of New York falls somewhere in the mid-range. In New York, consent is required of both biological parents regardless of whether the child is born in or out of wedlock. The father’s consent is particularly dependent upon the amount of time the father lived with the child, his level of involvement and care of the child and his financial contribution to the child’s welfare. It is highly advised that each couple take the time to thoroughly familiarize themselves with the particular rules and regulations of the state in which they will adopt their new child. In addition, it is important for all couples considering adoption to surround themselves with knowledgeable professionals to guide and assist them through the process. In the event that you find yourself facing any of these questions, please do not hesitate to contact Zurica Law at 917-538-3670. We will be happy to assist you in answering your questions and representing your interests.
I remember bringing up the option of adoption to the birth father when I was about three months pregnant. He didn’t say a word. We were taking an evening walk, the atmosphere was tense, and I asked him what he thought about adoption. He had no comment. He literally didn’t look at me, say a word, or even acknowledge that I had asked the question. The relationship with my son’s birth father was very toxic, and he had made many bad choices over the short course of our relationship. I couldn’t imagine parenting with him. I walked into an adoption agency with my mom when I was about seven months pregnant. I was in denial about my reality to such an extent that I barely recall this memory. In fact, she is the one who reminded me a few years later about going with her. She wanted me to know that I had options. She wasn’t trying to force me into anything, and didn’t want anyone else to either. My mom just wanted me to know that I had options. I hadn’t had much experience or education on adoption. A girl that I went to school with was adopted. I remember that she seemed very confident, which I had assumed was because her parents loved her so much. I had some family friends who chose to adopt two of their children. My friends parented these children without ever behaving as if they weren’t their own. Those children were their children.
There were many seeds that were planted in my mind regarding adoption throughout my life. Although I knew little about it, I had seen it from afar working for families that seemed much healthier than the dynamics that I grew up in. If those families could raise healthy children regardless of blood relation, then could adoption be an option for me and my son? Little did I know, within those times I remember, that adoption would become something close to my heart. I could never have imagined that I would make such a courageous choice to give such a gift to my son that would provide him with an amazing life. I can now say that adoption is always an option, and sitting on the fence is a normal part of the decision-making process when it comes to adoption. If you are on the fence about adoption, it’s okay. It’s normal. Don’t put too much pressure on yourself and keep in mind that this may be the most difficult decision you ever make. Yet, it may be the best decision that you could ever make.
Parenting was incredibly challenging for me. I was in a situation with almost no support. Once I found full-time employment, I was at work and away from my son for about 12 hours every day. By the time I paid the sitter and made it through my baby expenses, I had about $100 left for the week. I was living with friends at the time. These friends ended up abandoning me when I chose adoption, but I’m grateful for the opportunity that they gave me to raise my son for the six months that I had him. My son would wake up every night every two hours. He had a very hard time sleeping through the night. There was no one else to wake up with him during this nightly routine, and I was beyond exhausted for work the next morning. There were so many other complicated situations and dynamics going on within that period, and I don’t want to bore you with the details. To sum up: I was working full-time, had almost no support, and I believe now that I had post-partum depression on top of trying to cope with the depression I had struggled with since my adolescence.
I was finally able to pull myself out of denial and start facing the reality that adoption was the best option for my child and I. I fought hard to be a full-time, single parent. I did absolutely everything I could for my child. I was breastfeeding, managing full-time work, and spending time bonding with my child. By the end of our six months together, I was spent. When I wrapped my mind around the idea that adoption was the best choice, I felt a sense of relief come upon me. It wasn’t until I met his parents that I felt peace about my decision. Choosing adoption is one thing, but for me, that real peace came when I knew where he was going to be raised and who was going to raise him.
To this day, I have no regrets about my decision. There is a difference between experiencing regret on a consistent basis and experiencing pain while walking a path of healing. Just because some days involve painful emotions, doesn’t mean that I regret my decision. Pain is, unfortunately, a part of life in this world. Seeds may be planted, but it’s up to you to grow them. Adoption is a choice. There are few choices in life that do not come with a need for acceptance and reality checks. This is just another one. When this decision is right, I am sure you will be convicted in your heart, and the well-being of your child is what will bring you strength in your darkest hour. ~Lindsay Arielle Lindsay is a guest blogger for Considering Adoption. She placed her son for adoption 7 years ago and hopes to use her experience to support and educate other expectant mothers considering adoption, as well as adoptive families.
I love visiting my son. I love talking to my son. I believe that communication is crucial to have a healthy relationship with my son, or in any relationship for that matter. My hope, and my experience, is that as my son grows up, he knows how much I love him.
When I visit my son or talk to him, we talk about things that kids like to talk about. We talk about his favorite activities, what his holidays were like, and positive things he has going on in his life. My son is experiencing a normal childhood. He has great manners, respects his parents, and enjoys talking to anyone who will listen. It doesn’t surprise me that he is outgoing. I tell him how much I love and how proud I am of him.
What we don’t talk about: anything that is the responsibility of his parents to talk to him about. It’s not my job to discipline him, make sure he is eating his vegetables, or monitor his grades. My role is to be another mama, who loves him for who he is and where he is. I respect my son by respecting our boundaries. My son knows that I am a mama, but is not old enough to truly understand what that means. He is too young to comprehend the adoption situation, but when he is ready to start asking questions, his parents will answer them. If they need anything from me in terms of this discovery, I will be there for them.
Here is the key to my relationship with my son: I’m more like an aunt than a mom. I don’t treat him as if I am his custodial parent. I treat him as if he is another child in my life. He is just a normal little boy who wants to talk about little boy things and do little boy activities. He is incredibly intelligent, and I am ever so proud of him. I am sure to tell him that. I build him up, I encourage him, and I ask him questions about his life.
If there is a heavy topic that I have questions about, then I speak to his mom about it. In fact, I had a conversation with her a few months ago asking how he was doing emotionally. She told me that he is just like any other little boy. There are times when he doesn’t listen, or is disrespectful, but they have raised him to be disciplined and to apologize. For the most part, he is incredibly well-mannered, he has exceptional grades, and plays with many other neighborhood children.
I have no idea what the future for my son will be like, and how our relationship will evolve, but I know that it will. For example, when he was a baby, there was no talking when I saw him. I visited more frequently than I do now. I would hold him and kiss him and love on him. I do that now, but as any other growing boy would like to interact. It’s all about being age appropriate and being respectful. Remember, if you are not the custodial parent, then do not behave as if you are the custodial parent. Have fun with the time you have with your child, and spend it doing age appropriate activities and discussing age appropriate topics. But most importantly, enjoy the time you do get to spend together. ~Lindsay Arielle Lindsay is a guest blogger for Considering Adoption. She placed her son for adoption 7 years ago and hopes to use her experience to support and educate other expectant mothers considering adoption, as well as adoptive families.
An adoption is considered legally binding and final once the agreement has been signed by all of the parties. The signed adoption document terminates the biological parent’s rights. Once the adoption is legally completed it cannot be reversed. The termination of parental rights is a binding decision. Because of the severe nature of the decision to terminate parental rights, every state provides significant precautions to ensure the birth parents’ rights are fully protected. These safeguards can include counseling for the biological parents and the adoptive parents, a thorough investigation into the medical, professional and personal backgrounds of the parties involved and an effort to ensure that both biological parents have been contacted and informed of the pending adoption. While it is extremely unusual for an adoption to be overturned, there are some exceptions to the rule. An adoption procedure can be terminated or reversed under limited circumstances. The termination of an adoption procedure can occur when either biological parent withdraws their consent to the adoption prior to the signing of the final adoption agreement. Each state’s time limitation for revoking consent varies. If either of the biological parents revokes their consent within the time allotted by their jurisdiction, the adoption is halted and their parental rights are not terminated. An attempt to reverse an adoption can be made by the primary parties, including the biological parents, the adoptive parents, or the adopted child. In the case of the biological parents requesting the return of the child, it may be possible if the adoptive parents agree. The adoptive parents can also request the adoption be reversed if they can show that such reversal would be in the best interest of the child. Finally, the adopted child can also request to be returned to the biological parents. However, in this scenario the child is usually older and able to speak for themselves in a court of law. While there are many issues that can be taken into consideration for the reversal of an adoption, the court will always apply the best interest of the child standard to any and all reasons as to why a legal adoption should be revoked. In New York State, if the court has taken away the biological parent’s rights, and the parents wait too long to request that their rights be reinstated, the adoption cannot be overturned. If the biological parent appears in court and agrees to the adoption, they cannot regain their parental rights. However, if the birth parent signs a surrender agreement, they do have 45 days upon which to change their mind and retain custody of their biological child. To learn more about the possibility of reversing your adoption, check the consent and revocation laws in your state. In the event that you find yourself facing any of these questions, please do not hesitate to contact Zurica Law at 917-538-3670. We will be happy to assist you in answering your questions and representing your interests.
