Reversing an Adoption in New York: Adopted Child Returned to Birth Parents

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 Can an Adoption Be Reversed in New York?

Adoption is the legal process in which an adult other than a child’s biological parent takes on the legal responsibility of parenthood with respect to a child who is not their biological child.

The child is entitled to all the rights and privileges that any child has with respect to their parents. The parent takes on all of the legal obligations that parents have with respect to their biological children.

Generally, in the state of New York, adoption petitions are filed in the county where the adoptive parents live. A Family Court or Surrogate’s Court judge must approve all adoptions. In some counties, it would be a Family Court, and in others, a Surrogate’s Court.

While an adoption is usually an occasion for good feelings and celebration, unfortunately, sometimes a party to an adoption wants to reverse it. A birth parent may change their mind and not want to go forward with an adoption to which they had agreed.

An adult adopted as a child may decide they want to end their relationship with their adoptive parents and focus on a relationship with their biological parent or parents. A legal consultation in New York with a New York lawyer would help a person understand adoption and reversing adoptions.

Whatever the reason, reversing an adoption is difficult. New York’s adoption laws cover all aspects of the adoption process, including who is eligible to adopt, and the penalties an adoptive parent would experience if they were to complete an adoption through fraud or misrepresentation.

It is possible to dissolve an adoption in New York, but New York adoption laws allow it only in a few very limited circumstances.

What Are the Different Types of Adoptions in New York?

There are two kinds of adoptions in New York, as follows:

  • Agency Adoptions: The child being adopted in this type of adoption is already in the care of the state foster care agency or a private adoption agency. In a foster care adoption, the agency files the petition to terminate the parental rights of the child’s biological parents so the child can be adopted. Or, the biological parents may voluntarily give up their parental rights to a foster care agency.
  • Private Placement Adoptions: In a private agency adoption, the biological parents voluntarily give up their parental rights and place the child with an agency for adoption. The adoption agency then places the child with prospective adoptive parents.

Each type of adoption is achieved through its own legal procedure, but the procedure is mostly the same for both types. Of course, in all cases, a court considers what serves the child’s best interests.

Whatever the type of adoption, it has the same results for the parties involved. It permanently ends the parental rights of at least one birth parent, if not both, and establishes a new parent-child relationship between the adopting parent or parents and the child.

The new adopting parent has all of the same responsibilities with respect to providing care and support to the child as a birth parent. For the birth parents, adoption usually means losing their parental rights and retaining no right to see the child or be involved in the child’s life, unless the adoption is an open one.

However, in the type of adoption known as “open adoption,” birth parents keep their right to communicate with and/or visit the child. For the adoptive parents, an open adoption still means providing for the care of a child to whom they will have the same obligations as they would have with respect to their biological child.

There is a legal procedure for the disruption and dissolution of an adoption, as the reversal of an adoption is known in the state of New York. If the adoptive parents feel that their adoption has not been successful and do not want to continue to fulfill their parental obligations, they can file for an adoption dissolution in a New York court. They must submit a petition to the court, which then determines if there are sufficient grounds for dissolving the adoption.

Adoption disruptions take place before an adoption is finalized after a child has been placed with a family for adoption. Dissolution takes place after the adoption has been finalized. If an adoption is dissolved, the adoptive parents may also need to legally terminate their parental rights before the child can be put up for adoption again. This would be a separate legal procedure.

If the dissolution or disruption is granted, the legal responsibility for the child reverts back to their birth parents. Or the child becomes a ward of the state of New York. The state also offers assistance to adoptive families who may have difficulties with an adoption and need support or guidance in meeting the challenges of parenting their adopted child. The state is guided by the goal of ensuring the well-being and best interests of the child.

Among the limited reasons for which a court might grant the dissolution or disruption of an adoption are the following:

  • Neglect or abuse by the adoptive parents
  • The inability of the adoptive parents to deal with the child’s behavioral issues
  • Some significant change in the circumstances of the adoptive parents which affects their ability to provide care for the child
  • The adoption was a wrongful adoption that may have involved fraud or other type of misrepresentation.

In New York, the biological relatives of the biological parents can file a petition for custody of the child if an adoption is disrupted or dissolved.

What Are Some Basics of Adoption in New York?

Birthing agreements, or surrogate parenting agreements, are not enforceable under New York law. This means that a New York court would never compel a birth mother to give her child to another person or couple, because she agreed to do so. This is the case even if the birthing agreement is in writing.

If adopting parents are bringing a child into New York State from another state, they must get approval before bringing the child into New York State.

The Interstate Compact on the Placement of Children (ICPC) is a law that has been adopted nationwide. It addresses the placement of children across state lines. Parents who wish to bring a child into New York from another state must submit their request to the New York State Office of Children and Family Services’ ICPC Unit. This agency would process the request.

In New York State, almost anyone can become an adoptive parent. In addition, an adoptive parent must be 18 years old in combination with the following:

  • A single person who is not married,
  • A married couple,
  • Two adult partners who are not married,
  • A married person who is legally separated from their spouse,
  • A married person who has been living apart from their spouse for at least 3 years before the adoption case is filed.

A person with a disability may adopt unless their disability makes them incapable of serving as an effective parent. In a strong adoption case, the adopting parent can show a court that they have the financial resources and emotional aptitude to provide a child with all of the care and support they require.

A person who has a felony conviction on their criminal record is not allowed to adopt in New York.

How Much Does It Cost To Reverse an Adoption in New York?

It is not possible to say how much it would cost to reverse an adoption. Each case is unique. A case is initiated by filing a petition in court. A filing fee must be paid. The amount of the filing fee may vary by court, but is generally in the range of $100 to a few hundred dollars.

A person would, in all likelihood, want to hire an attorney to represent them in their action to disrupt or dissolve an adoption in New York, and this would probably be the largest expense.

The most frequent billing method is hourly, where clients pay for the lawyer’s time based on an agreed hourly rate. Attorneys’ hourly fees in New York may range from $100 to over $500 per hour. The fee agreement between the attorney and the client should state the hourly rate for the attorney and others who might work on the case.

In New York, there may be other financial consequences for adoptive parents if they disrupt or dissolve an adoption. They may be required to reimburse the adoption agency for fees that were paid to it. They may have to reimburse the legal fees of the parties to the adoption that is being disrupted or dissolved. Adoptive parents may also have to pay child support or other expenses related to the care of the child if the adoption is dissolved.

There are other costs that may be incurred in a case, such as copying, postage, courier services, travel, and fees for expert witnesses or reports by other professionals, if they are needed. Still, other costs are possible. The client is responsible for paying these costs, but a client’s agreement should state how these additional costs would be managed.

What Is the Revocation Period for Adoption?

In New York State, if a court has terminated the rights of the biological parents, they would not be able to dissolve an adoption if they wait too long to request restoration of their rights. Biological parents who appeared in court and agreed to the adoption voluntarily would not be able to regain their parental rights.

A birth parent who has signed an agreement surrendering their parental rights, they do have 45 days in which to change their mind and retain custody of their biological child.

Do I Need the Help of a Lawyer With My Adoption Reversal Issue in New York?

If you are thinking of disrupting or dissolving an adoption, you want to talk to a New York adoption lawyer. LegalMatch.com can connect you to a lawyer who is familiar with the complexities of these procedures and can get you the best possible outcome.

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