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Perhaps a very stupid question

Posted by on Apr. 19, 2012 at 1:26 AM
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After a parent has signed away their rights; if the person they signed their child over to agrees to give the child back, is that possible?

by on Apr. 19, 2012 at 1:26 AM
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Replies (1-10):
vampporcupine
by Silver Member on Apr. 19, 2012 at 2:05 AM
Not unless the natural parent legally adopts the child back or if the adoption can be reversed through the courts.
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susie703
by on Apr. 19, 2012 at 6:51 AM
If the adoption isn't finalized yet?
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Aislin
by Bronze Member on Apr. 19, 2012 at 12:40 PM

In some states it is possible if all parties agree and the adoption has not been finalized

Vikki77
by Silver Member on Apr. 19, 2012 at 12:55 PM
I don't really know how that would work. But I don't think it happens too often. I wonder if the birth parent would need to do the same things the adoptive parent did? Home studies, financial records, etc. I'm curious to hear how this works, if it does. Can I ask, are you a birth mom, adoptive mom, or adoptee? Sorry I don't recognize everyone's names.
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onethentwins
by Gold Member on Apr. 19, 2012 at 2:40 PM

Yeah it's possible.

Southernroots
by Group Admin on Apr. 19, 2012 at 6:23 PM

I would think that is a legal question and adoption laws vary from state to state. There must be some way to legally achieve it, but, I don't know how it would work. 

Cedartrees4
by Silver Member on Apr. 19, 2012 at 7:50 PM
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Quoting Queen_Sheila:

After a parent has signed away their rights; if the person they signed their child over to agrees to give the child back, is that possible?

It is very possible, but it depends how far along the adoption process it has gone.  If the child has been legally adopted (with the adopters petition-to-adopt approved by the court), then they'd have to sign a surrender document just as the natural mother had to do.  Then, the natural mother would adopt-back her own child.  If the petition-to-adopt has not been stamped by the court, then the process would be much more varied and would depend on your state or province.  Basically though, it would still require a judge to approve the reinstatment of your parental rights, however filation would not have been nullified between you and your child -- that act only takes place when the adoption is finalized, so you would still be related to your child as his/her sole mother, which makes the process of rights transfer easier.  You have to see a lawyer for legal advice.

~ ~ ~
Check out my Facebook group  "Adopting-Back Our Children"

~ ~ ~

reaandiziesmama
by Member on Apr. 19, 2012 at 10:07 PM

I think it depends on where in the process they are. My brother and sil adopted a baby through open adoption in Dec 2010. After almost 3 weeks the firstmom wanted the baby back and my sister in law took her back. That terminated the adoption and even though my brother wasn't on board he couldn't do anything. 

Queen_Sheila
by on Apr. 27, 2012 at 5:01 PM

It's in Michigan. I'm a birth mother, I signed my rights away to my son over to my mother because at the time I thought it was what was best for him and now I believe he needs to be with me because his behavior has become progressively worse. I never should have sent him to live with her to begin with, but I was desperate, it was only supposed to be temporary and she kept pushing for adoption.

Thank you for your advice, hopefully she will see that this is what's best for him.

susie703
by on Apr. 27, 2012 at 8:16 PM
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Quoting Queen_Sheila:

It's in Michigan. I'm a birth mother, I signed my rights away to my son over to my mother because at the time I thought it was what was best for him and now I believe he needs to be with me because his behavior has become progressively worse. I never should have sent him to live with her to begin with, but I was desperate, it was only supposed to be temporary and she kept pushing for adoption.

Thank you for your advice, hopefully she will see that this is what's best for him.

I'm so sorry that instead of encouraging you to be the best mom you could be, and maybe helping both of you out for a while, your mom chose to tear you and your son apart. 

Since you are now legally his sister, is there some way you can help him even if your mom won't let you?  Is there lack of care or something that needs to be reported to CPS?  Could you somehow get custody as his sister?

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