Tag: Adult Adoptions

What To Do ?

Today’s question – A woman adopted 2 kids years ago and has raised them since they were very young. Now that they are older, some truth came out that the situation that caused the adoption wasn’t as bad as she had been led to believe.

1) She wants to know if there is a way for their birth certificates to revert back the originals? She thought she had to change them in order to adopt the kids. (This is a common misperception that adoptees are trying to change because it almost always matters to them.)

And/or

2) Can she help their birth mother regain custody so that she can finish raising her own children ? Or un-adopt them, is that even possible?

A complication is that the kids say they don’t want a relationship with their biological mother or even to meet her. The woman is not certain they are telling the truth. Maybe they don’t want to hurt her feelings?

Some responses –

1) She probably did need to change the birth certificate to adopt, that’s still the case in many jurisdictions. It’s why guardianship is often preferred, though what that means also varies from one jurisdiction to the next, sometimes it is viewed as not allowing for stability.

2) The first step is for the kids need to get to know their mother again. If they refuse, I’m not sure what she can do other than to gently encourage it and never speak poorly of their mother. If they get to that point, what comes next varies widely from one jurisdiction to the next.

The mother may be able to re-adopt her children. However, if the allegation was neglect or abuse determined by Child Protective Services, that may not be possible. Same with guardianship. She might be able to take guardianship of her children, or not, depending on the situation.

These options may fail. It may be possible for the adoptive mother to give the original mother a power of attorney, should the children move in with her, and/or unofficially she could share custody of them, just like some separated/divorced parents do.

The woman definitely needs to consult a lawyer, so that she can determine if the court might view her as a possible risk. This assumes that Child Protective Services removed the children from her care. If her Termination of Parental Rights was a private relinquishment (that would make all of the above FAR easier.)

Another possibility is an adult adoption, which could restore the information that was originally on their birth certificates (by again changing the documents to finalize an adoption). If these children are already teenagers, that makes this option easier, as long as they are in agreement.

And this is the most important point, from an adoptee – It’s very possible that they don’t want a relationship with their biological mother, if she hasn’t been in their lives. Listen to what they are saying. I would never have wanted to leave my adoptive family to go and live with my biological family. It would have felt like a complete rejection of the life I had lived. I wouldn’t want another name. I am the name I have been for a long time, not baby girl “x”. These kids need to be the ones leading. Everyone else needs to just sit back and listen.

Therapy. Individually. Let them heal their own traumas. Create a space that’s safe and secure enough that they know they can speak honestly about how they feel about their biological family.

Another adoptee admits that she wanted so badly to have a relationship with her biological family. “It was freaking awful. The worst.” It’s not always what the adoptee thinks it would be like, either way.

The most important thing is their healing and security. The rest will come, if that is the right direction. They don’t deserve to have the process of reintroduction rushed, if they say “no” for any reason. It should be their lead.

Doing The Previously Unthinkable

People change.  With all that is known about the effect of adoption on children, why is it that adoptive parents don’t work towards reuniting the family ?  This is exceedingly rare if it happens but things are changing and it is beginning to be considered by a relatively few.

Here’s one woman’s thinking –

I adopted through foster care three years ago. I believe my child’s parent has changed tremendously since the termination of parental rights. Am I allowed to let her have overnights with the parent? Or would that be considered endangerment because of the reasons written in the termination of parental rights ? Also, what if we choose to allow her to live with her parent ? Can I dissolve the adoption to give the child back to their parent ? I think that the child living with their parent might be a ways off, but the child is still young, and I can see them wanting, in the future, to live with their parent. I’m trying very hard not to be possessive of my child. And if their parent is safe, who am I to keep them from their parent and why would I do that anyways ? I don’t know, I just want to start giving the parent more control of their child, but I’m also afraid that the state would have something to say about that. I feel like I have no idea what I’m doing over here (mostly because I don’t). Has anyone here given their adopted child back to the child’s birth parents ? What did that path look like for you ?

Immediately, an adult adoptee replies –  what you’re considering is beautiful and shows true love. I just want to commend you for that.

Generally speaking, I believe this is true – once the adoption is finalized, the child is considered “as if born to” you. If you want to place the child for adoption, you have every legal right to do that (that’s why “second chance adoptions” are legal). The birth parents (or hopeful adoptive parents in this situation) would have to go through the same process as any other hopeful adoptive parent. So if they can’t pass the background/home inspection, they probably won’t be approved to adopt their own child back.

Though not the happiest answer, states do allow adults to be adopted. So the birth parents could adopt the child back when he/she turns 18.  There is no vetting process then.

So immediately the question arises –  would it be possible to allow her to live with parent until she turns 18 ? And would I have to have my rights to her terminated after she’s 18 ?

Someone with apparent experience replies – you can give guardianship back to the parents but if the parents neglect the child in any way, it will come back on the adoptive parent for giving the parents guardianship back. Only a judge can give guardianship back without the adoptive parent risking liability, if something happens to the child in their parents’ care.

And one person did a return of guardianship without going to court but a judge still had to approve the paperwork created by lawyers – after child protective services was out of the picture.  However, the adoptive parent had to sign a paper saying they were aware that they were still liable for any potential neglect or harm the child might suffer when returned to their original parents.

Some believe that anyone can usually do guardianship, which would allow their parent to take care of all of their child’s needs, those that require a legal adult (school, medical, etc). Then, when the child is an adult, they could choose to have their parent adopt them, thus becoming their legal parent once more (that sounds weird but for legal purposes, as a parent is never not the parent).

One positive to all of it is that guardianship would still offer the adoptive parent a role in supporting and a continuing connection, if original parent and their child needed that.  For example, if the parent relapses for a period, the child could go back with the adoptive parent again, while their original parent is being treated, thus keeping everyone safe, healthy, and out of the child protective services system.

There seems to be some validity to the thought that once a child has been adopted through the state and the child welfare case is closed, then it’s as if the child was born to the adoptive parent. You are allowed to let your child have sleepovers at other people’s house’s, as long as you feel like those people are safe. The child can visit people without you being there. The child can even go on a vacation with someone else, if you have decided is safe for them to be there.

And perhaps before even embarking on such a course, an adoptive parent would do well to consider this perspective –

As an adoptee, I would be really messed up if my adoptive parents wanted to give me back. It’s one thing to allow overnights and even let her live with them, change her name back, etc, but if my adoptive parents pursued legally surrendering me without my consent, I would feel betrayed and like everything they ever told me was a lie. I would never be able to stop wondering – did they just get sick of me and didn’t want me anymore ? I would rather the adoptive parents live with any feelings of regret and remorse about the adoption – while allowing me to have a relationship with my family of origin – than hear they ever even thought about legally abandoning me.

What would really make me happy would be to see them all happy, healthy, and getting along – knowing that I could freely interact with any of them with everyone’s full love and support, no matter what *my* ultimate decision about where *I* belong is.

Bottom line though – if an adoptive parent is serious about seeking this possibility of reuniting a family previously torn apart, then speaking with a family lawyer in your own state would be the best advice before doing anything – legally.