Extremely Hypothetical Question?

Question

If an adoptee's records are sealed IF AND ONLY IF the adoption becomes final, and remain sealed IF AND ONLY IF the adoption does not "fail"...couldn't this be the magic loop hole or silver bullet against sealed records? What is the statute of limitations for "returning" an adopted child? Are adoptive parents permitted to rescind an adoption after the adoptee has reached legal adult status...thereby unsealing the original birth certificate? How many adoptive parents would be sure enough of "their position" to do this for their adoptee? Wouldn't this FORCE the unsealing of records?!

Answer 1

The fact that records only seal upon the legal finalization of an adoption and reopen if an adoption fails/disrupts was actually pointed out in legislative hearings in California when an open records bill was active.  Proponents of the bill also pointed out that in California it is the CHOICE of the ADOPTIVE PARENTS or the ADOPTEE as to whether or not the original birth certificate seals.  The natural parents have no say in it.  The bill died at that time, anyway.  

The original birth certificate unseals if the adoption fails/disrupts at anytime during childhood.  The adoption itself cannot be legally disrupted/failed/annuled after the adoptee reaches adult status unless one can prove very grave circumstances, such as an illegal adoption.

Answer 2

Ummm I'm a little lost ...

Answer 3

Very interesting question!  I love it! You just may have figured out the solution in my case.

You see, I recently discovered that the state I was born in allows the records to be open - - - WITH the written permission of the adoptive parents, that is.  So, with 3 GRAND children of my own, I need my "mommy's" permission to get a copy of my OBC.  Even though I met my birth mom in 1983, know her name & maiden name, etc., I can't have copy of my OBC.

But, my (adopted) "mommy" basically unadopted me 2 days after my dad died - almost 11 years ago now.  Because she has unadopted me (as an adult), wouldn't I be eligible in your hypothetical question?

Oh...and my unadoption is NOT hypothetical, BTW.  It happened.  Fortunately, my brother & sister kept me. LOL : P

Answer 4

Interesting.

The one problem I see is that the adult adoptee would no longer be legally related to their adoptive parents. This could become an issue for medical and inheritance reasons.

It would probably be easier for adoptive parents to work to change the laws for everyone.

Answer 5

Here is the challenge that I see with rescinding an adoption....

Once an adoption is finalized, a child is considered (by the courts) the same as a bio-child for all purposes.  This includes right to inheritance, etc.  If an adoption is rescinded, that would also mean that the child would no longer be considered a "legal" part of the family.  It could open up a HUGE can of worms for some families - especially those that have bio and adoptive children.  

I personally do not feel that an adoption once finalized should ever be rescinded.  However, I also feel that everyone should be entitled to receive their official original birth certificate if they choose that.

Answer 6

<------------ totally confused.

Answer 7

You can "return" a child only before the adoption is final.  After the adoption becomes final, you have to go through the same process to give up the child as you would if the child were biologically related.  More often than not, adoptive families find themselves in a bind because they can't get needed services for their child without giving him/her up to the state, but the state will not allow it without some sort of abuse (parent to child, that is).  So, the parents are financially responsible (as they should be) for getting the necessary services for their child.  But if they can't afford it, then the whole family is S**t out of luck.  This happened with a friend of mine, and by the time they were able to convince the state to help them, the family unit was really irreparable.  Unfortunately, they ended up sending their RAD child back into the system.  I don't know what happened to him after that.

I'm not sure if this is what you were asking, but yes, I believe that if an adoption is dissolutioned (is that the right word?), the records do un-seal.  Are you asking if maybe the parents could un-do the adoption specifically so that their child can get their records, in a sealed state?  That would be a pretty cool thing for them to do, if they can handle the fear of "losing" their child (like a piece of paper is what makes the child "theirs" anyway).

ETA:  Disrupted, not dissolutioned.  Thanks, Laurie.  lol

Answer 8

Very interesting question.  (*)

I'd be willing to do that for my child when he is an adult and ask that once we received his information that we go back to court to reinstate our family.

Answer 9

What an interesting idea....

I guess it might work, at least in some states, and if what Laurie said is true (not at all doubting her, just thinking it might also vary by state), maybe it would have to be done before the adoptee turned 18....

I don't know, I could see theoretical problems, such as with inheritance and maybe even financial aid and such, considering the age.... They might not even let you do it, because they might be concerned with financial aid fraud and such things... could get bogged down in bureacracy...

I guess I'm with the previous answerer, who said that it would probably be best for a-parents to work for reform rather than "unadopting." Still, it might provide something of a wake up call for needed reforms if this tactic actually was used successfully--and then publicized. Something to think about.

Answer 10

none.....

Answer 11

no once its final it is final only thing that can happen is adoptive parents but the child back up for adoption.  If it is not finalized  well then the child never then the child was never adopted and records aren't sealed.   Adoption has to be finalized to be legal adoptive parents can't just hold on to someones kid untill  their 18 unless they are fostering which is diffrent

Answer 12

I adopted my son 3 years ago and it was finalized 6 months after I brought him home.  I don't think you can "give a baby back".