Adoption question/theory?

Question

Say if there was a female minor who was living with her father (mother is dead) and everyone belives he has died and another man leagally adopts her. But then a year later it is found that the biological father wasn't dead at all, which would the girl technically and/or leagally belong to? The biological father or the adoptive father?

Answer 1

Hi Dardrv,

I think the biggest consideration should be the child's right to have their biological parent, not either adult's right to a child.

I think an advocate should be assigned to the child to assure her rights & desires prevail.  Thanks for asking.

julie j

reunited adoptee

Answer 2

i think the biological father is technically and the adoptive father is legally.

Answer 3

She has two fathers.   She is her natural father's child - no legalities can change that and I would hope that she could have both of them in her life.

Answer 4

The bio father will have rights. He will most likely have to get an attorney to fight for it because too many selfish people look at adoption like its "ownership" and don't put the adoptee's needs nor the bio parents relationship before there own. The ap's in these cases usually try to drag it out the court system hoping to drive the mothers/fathers away and make it more difficult emotionally for the adoptee.   Adoption isn't ownership. I wish more would Pap's and Ap's would let this sink in.

Answer 5

bio father, n im PRETTTTTY sure that there is a lifetime movie about this... it came on like last month!

Answer 6

the gurl would belong to her adoptive father because he the one that got custody of her.

Answer 7

it would depend on how the adoptive dad got the info on the bio dad being deceased .. if they had significant proof of death before the adoption took place than it would be up to the courts, because the bio dad would have to disprove fraudulant death and the adoptive dad & lawyer would need to prove how the adoption came about legally.

Answer 8

OMGosh     Children are not items to be owned!!!

Answer 9

the adoptive father

but if the girl was over 16 then she can decide for herself.

(or when she turns 16 she can do so)

hope that helps

x

Answer 10

The girl belongs to the bio father unless he signed away his rights.

Answer 11

If the bio-father was officially  declared dead by the courts, then the adoption is legal and will stand, unless contested. I should think the circumstances leading to the declaration would be heavily scrutinized though, was there fraud involved?

If he was not officially dead, and someone simply presumed it without an official declaration or death certificate or something,  then the adoption can be contested on grounds of lack of due diligent search for the father to get consent

Either way, it's something that would most likely have be hashed out in a court, I don't think there is a standing statute for such an unusual set of circumstances

Answer 12

the biological father would be the owner of the girl because he has helped create her. They would have to go to court to discuss what was to be done. possibly like when your parents split up, you choose, maybe just 2 dads, one for weekends. depending on if you liked your adoptive father.

hope this helps.