Could a biological mother regain custody of a child she gave up for adoption?

Question

My friend gave custody of her child to her brother and sister-in-law 8 years ago. Both her brother and his now ex wife want to give custody back to her. The child currently lives with my friend by the request of the child but my friend is having a hard time getting the ball rolling on the legal side of it. If anyone knows of a speedy way to get this all done legally that would be great! Also...the birth father never consented at the time of adoption...would this change anything? The father was listed as "unknown" on the birth certificate.

If anyone can give me some info that would be awesome!

THANKS

Answer 1

How sad for the child.!!

Answer 2

The birth father can fight it. He was not properly notified.

Looks like it should be simple if all of the parties agree to everything. The bio-dad needs to get a DNA test (Parentage Determination) that has 'chain of custody' (so it is legal in court) and then he needs to request a Declaration of Parentage.

Might be tricky to do without a lawyer but it can be done. If you have a lawyer they might be able to draft an order and get everyone to sign off of it and just send it to a judge without all of the filings and hearings (depends on local rules where you live).

Answer 3

the father doesn,t have to consent,but different plces have different laws

Answer 4

Poor kid probably thinks no one wants her.

Answer 5

Yes she can adopt her back.

Answer 6

Seriously this one is up to the courts. They need to seek out adoption lawyers that deal in this in their area. These laws really do tend to vary drastically from state to state.

Have they considered what kind of long term damage this will have on the child? Even if the child is agreeing now, they will have issues of abandonment, etc.

Answer 7

There is actually a case going on Ohio

The mom lost her parental rights 7 years ago due to substance abuse problems.

The girl was bounced around from one foster home to another.

My question is this; "Why not?  The state failed this kid for 7 years why shouldn't her mom be able to have her daughter return home?"

  Interesting question.....

Answer 8

I think the easiest way for her to regain custody would be , with her brother's cooperation, to adopt the child herself.

It sounds like the adoption would be uncontested.

I know that my son's mom is listed in our wills as having custody of him if something happens to us, but that our lawyer said that she would have to adopt him.

Answer 9

Go to the court and file a Motion for Legal Custody.

Are you sure it was an Adoption or was it a Legal Custody?  Adoption is where she gives up all her parental rights and the birth certificate is changed and the adopting parents names are put in as the birth parents and the biological parents names are removed forever more.

Answer 10

hopefully, i wish.....yes!  i wish she could.  yes.

Answer 11

Holy macaroni!! *blinks eyes* what a situation.

I don't know what to tell you. I know that sometimes the adoptee can unadopt themselves, but I don't know what they'd do. I believe they could possibly petition the courts to annual the adoption with the consent of eachother? Unsure... maybe someone who's gone through the adoption process or a dissruption can tell us how this happens.

If the father steps forward and says he is the father and it can be established by DNA then he could file for custody and win custody on those terms maybe if the child was younger, but I bet a court would rule not in favor because he/she is so old.

good luck.

Answer 12

No. You sign your rights away during adoption.

Answer 13

I would think the previous adoption is history and the fact that you friend is the biological mother has little to do with process of adopting back the child.  

As to the problem of the biological father being unknown, all of that was cleared up with the first adoption.  Her brother is now the father of the child in the eyes of the court and he is the one who will have to sign off on the adoption.

She should talk to a family lawyer.  Her brother and his ex should also talk to a lawyer and have them draw up the necessary papers.  I honestly feel they will just treat this like any other adoption.  Or, there may be a way to 'disolve' the first adoption, but I think it will be easier just to adopt back the child.  The brother/ex-wife will both have to sign off their parental rights and she would have to file for adoption.  The fact she is the biological mother will possibly make it easier, but won't be a major factor.