Can an adoption be voided?

Question

My husband adopted a child from a former marriage. Can the adoption be voided if it turns out the legal father who relinguished his rights is not the biological father? If so, is there a time limit?

Answer 1

Dear Pretty,

This is why I don't support most step-parent adoptions. Let me guess: Your husband must be paying child support on a child which isn't biologically related to him but he promised to "take as his own" when he married his ex. He either doesn't have visitation (and without biology his chances of improving that are not great) or he doesn't want to continue a relationship with his child because of whatever reason.

Your hubby will most certainly need to seek professional advice from an attorney who specializes in adoption law in the state which has authority over the case.

There is possibly an element of fraud to be argued in that the man who relinquished rights did not have the ability do so and that the child was never legally available for the adoption in the first place. There will certainly be other factors that will go into deciding what would happen such as the age of the child, how long your husband acted as a father to this child, whether or not the child's biological father has ever relinquished rights (or wants them!*) etc.

I want to add that if the child is older and has had a substantial relationship with your husband that he should continue to be a part of this child's life and pay child support. Adoption is supposed to be about the child and it is supposed to be forever. Your husband, in essence, made a promise to a CHILD that he would love him or her AS HIS SON OR DAUGHTER. Unconditionally. Forever.

IMO, adoption a bigger promise than a marriage since a marraige is between two consenting ADULTS and an adoption is done often without the consent of the child.

How will this child feel to know that your husband adopted him or her and then decided to walk away? Without knowing the details (and even if I did) I can only speak with the interest of the child in the forefront of my mind.

I hope your husband (and yourself) will think long and hard about what is the best thing for this child and seek a lawyer to assist you in doing whatever that is. Good luck to all of you - especially your step-daughter.

*BTW, if the actual biological father is known and does want to be responsible for the child, it may be helpful to collaborate efforts!