Question:

Adoption where she wants to go back to original parents?

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My younger sister (13yrs old) was put up for adoption when she was born, an open adoption. Her adoptive parents aren't exactly what she wants and her brother (who was adopted into that family to) drives her insane. Is she able to move back in with her real parents, is this a decision she is allowed to make at 13 yrs old? Thanks for the help!

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  1. I don't know too many 13 year olds who DON'T feel this way.


  2. Legally her "real" parents are her adoptive parents. She cannot decide to go back to her bio family unless her adoptive parents agree to this. When she is 18 she can go where she likes. There are lots of 13 yr olds with brothers who drive them  insane!

  3. If this was a custody issue then she might have a say on where she lived. However it is not so she can not decide where she lives. P eople  don’t get to pick their families.  Your friend is not the only one who has a brother who annoys her that is live.  Plus things aren’t always greener on the other side. What would happen if your dear friend moved in with her biological parents and then finds out that they aren’t exactly what she wants either then where would she go?

    She can move out in 4 or 5 years when she turns 18, heck she'll like be off to college at that time.  

  4. No, if she was adopted, her biological family's parental rights have been terminated. They have no legal claim to her unless her adoptive parents agree to the move.

    If she's being abused or neglected, she can be removed from the home, and her biological family could apply to be her foster parents.

    If she's not being abused, she'll need to wait till she's 18 to make the decision. I'm not sure what you mean by her parents not being "exactly what she wants," since no child can chose parents that are to her liking-- but it doesn't sound like reason for removal, if they just aren't getting along. Honestly, it sounds like a pretty common experience of adolescence, having conflicts with parents and sibling.

    If your sister wants to move back with her biological parents, she can decide that when she reaches adulthood.

  5. not till shes 18. my friend has been adopted and she wont's to move in with her sis and bro when shes older. but who knows wat your sis will wont when shes 18. i wish i could say she could move now and go back to you, but she has to be 18 or older.

  6. Yes, she has the right to chose who she wants to live with when she turns  13.  

  7. Depending on the state and case law w/in that state, 13 yr old can petition to obtain a judge's order to live with whom they want.  Where I live, it is actually 12 that this can happen (rare but possible).

    The judgment usually takes into account situations of abuse, but often it is the child's wish that counts.   Her natural parents may not be her legal parents any longer, but the family connection and ongoing relationship would likely factor into any decision.

    And when she is 18, depending where she lives, it might be possible for her to be adopted-back as my son was.  

  8. She has a right to choose who she can live with in CUSTODY situations.  These situations normally include child(ren) and two legal parents.  This is not a custody situation.  Her first ("birth") parents, are not legally parents to her.  Although they are biologically her parents, she cannot choose to move in with them without her adoptive parents' permission.  In the legal sense, it would be the same as her moving in with the next door neighbor.  

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