Can a birth mother sue adoptive parents for custody?
I’m just wondering if a birth mother could regain custody of a child she gave up for adoption?
And no, It’s not me, I don’t even have kids it’s just hypothetical.
No, she can not. Adoption laws are built to protect and insulate the adoptive parents from the regrets of the birth mother or sperm donor.
February 19th, 2010 at 4:59 pm
No, she can not. Adoption laws are built to protect and insulate the adoptive parents from the regrets of the birth mother or sperm donor.
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February 19th, 2010 at 5:34 pm
no not after 6 mos
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February 19th, 2010 at 5:56 pm
No, not if she gave up her rights to them legally. It would be very bad for the child.
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February 19th, 2010 at 6:26 pm
She could but no judge would rule in her favor unless she was tricked into signing relinquishment papers; i.e., she can’t just change her mind.
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February 19th, 2010 at 7:02 pm
not as of yet…..
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February 19th, 2010 at 7:47 pm
As a parent of adopted children, it’s a fear in the back of my mind every day. I did not ask for these children, they were pretty much thrust upon my wife and myself by a relative who refused to take care of them. Over the years, i look at them as mine. The kids are well adjusted, live in a happy home, and go to decent schools. I work my tail off providing for them, because I love them.
I think it would be extremely selfish for a birth mother to even pursue such a case. If she were to win, then what? You don’t think it would traumatize a child to be ripped away from their family to go live with strangers? They should never let a case like this happen. They need to think about the needs of the children.
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February 19th, 2010 at 7:58 pm
It can and has been done, but only in extreme situations. Usually it’s when the father wasn’t told of the adoption or there was some sort of deception.
http://oak.cats.ohiou.edu/~jp268899/sources.htm
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February 19th, 2010 at 8:23 pm
I brought my twin grandsons home from the hospital after they were born and about 18 months later adopted them cause my daughter although in her 30′s could not properly care for them or any of her other children, 5 in all. I was told by the judge that once I walked out the court room with the boys it was just as though I had given birth to them that day. I was their mother and my name was placed as giving birth to them on their birth certificate. I am their legal mother for now on cause she gave up her parental rights. Yes they will be 9 this year and because their sister and older brothers call me grandma they do also. They know who their birth mother is and she visits them from time to time, and they call her mama, but in the eyes of the law I am their mother.
In my heart I wish their was a different outcome, but if something happens to me they still can’t go to live with her cause of her life style, drug abuse and her relinquishing her rights.
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Mama/grandma it’s lots of us these days!
February 19th, 2010 at 8:44 pm
In most jurisdictions, there would be no way for a mother to reverse a voluntary assignation of that sor, nor would it EVER be in the best interests of the child, the primary goal of adoption law.
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February 19th, 2010 at 9:18 pm
Nope. Before that child is placed for adoption, the birth parents’ "parental rights" are terminated. Only then can an adoption take place. And once the child is adopted, the adoption record is sealed. Your only chance of seeing your child again is if you live in a place that opens the records once the child turns 18….but that won’t help you regain custody.
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