Getting the baby back after I signed the papers?

Question

I has long planned to give my baby up for adoption, but changed my mind after it was born, BEFORE signing papers. However, my tox screen then mysteriously came up positive and I was told either I go through with the adoption or Child Protective Services would take the child and it would be in a foster home. Further study should I was negative for drugs. Apparently there was a "mix-up" at the lab. Is there anyway I can get my baby back since I signed because of wrong information and I feel like I was forced? Please don't leave rude comments. I'm going through enough as is.

Answer 1

I would hire a lawyer, sue the heck out of the CPS for taking your child away without accurate information.

You are right to pursue this. The sooner the better, as each day that goes by a childless couple is bonding with your baby - taking the baby away from them would be heart wrenching for you to do, but if you move fast - perhaps there's still time before the baby goes to a new home.

Answer 2

So far the advice has been pretty good regarding al awyer and so forth,

But ask yourself, who is going to give this child a better life?

I imagine you are hurting a lot, and I don't in any way belittle your suffering, but think of your little girl. There was a reason you planned on giving her up for adoption in the first place?

Even if you do decide to go through with the adoption, might be a good idea to take the hospital and government officials to court anyway.

Answer 3

Yes you can

Answer 4

Get a lawyer before it's too late. Document everything that has been done to you.

Answer 5

I pray you can get your baby back, but please don't get your hopes too high. People pull out all the stops when babies and money are involved. I wish there were something I can tell you, but I know that if we were the PAPs, we wouldn't want to keep a baby whos mother was lied to, or even was just unsure. This is exactly why I think people should sign relinquishment papers just before finalization, IN FRONT OF A JUDGE, giving the baby straight to the aparents. Even if they agreed to give the baby back, (assuming this is an agency adoption) the agency can just place the baby somewhere else.

If you did a private adoption, you'll likely have better chances, it could be a matter of the PAPs just not filing a petition for adoption and backing off.

I know in my state there is a 1 year period after finalization where the bio family can claim foul play and get an investigation to reverse an adoption.

Would you mind sharing a little more info? I know this must be heartbreaking, so I understand if you don't want to.

Answer 6

Sorry I can't tell you the specifics of Hawaii.  Some states can overturn your consent if it was found that you were made to sign under duress.  If I were you I'd contact an attorney.  Good luck to you.

Answer 7

If indeed things happened exactly as you said, you may have reason to suggest to a judge that coercion existed when you signed the paperwork.  There would be an investigation, and all the details of the signing, drug test, would come out.  The CPS Caseworker who was assigned to you would testify.  This process may take weeks to many months.  The judge may or may not rule in your favor.

Make sure you take a look at all your reasons for considering adoption in the first place, as you said you had "long planned" to place your baby for adoption.  Ask yourself "What has changed since then?"  Make sure you are prepared to raise your child the way he/she needs before you embark on this change of heart, to insure your baby's welfare.

Answer 8

I would certainly hope that you can get this straight.  Who told you about your tox screen- could they have been lying?  Maybe you should contact an attorney.  If you want to raise your child, you should be able to get some help from somewhere.  Best wishes.

Answer 9

Do not listen to anyone telling you to still give away your baby.

You changed your mind - this is YOUR baby - you are allowed to change your mind.

Fight for this baby - it is YOURS.

Get a lawyer - get in touch with OriginsUSA - do whatever it takes.

I wish you all the luck in the world.

Answer 10

You already sighned the papers. You never would've signed the papers if you KNEW you wern't using something. I'm a mother and if my tox screen came up positive I would demand that there was a problem because guess what? I don't do drugs. The fact that you thought there may be drugs in your system means that you did drugs during your pregency! If your child was placed in a foster home you would've had to complete a drug program and had her/him back within 90 days. You've already signed the papers... you can't unsign them Please don't put this family through any unessary drama because you're feeling guilty. Do what's best for your child ( especially with a history of drug abuse and drinking) and let him/her go.

Why has it become a fad lately for bio parents to give up their rights and then call the adoptive parents baby stealers?? The fact remains YOU signed the papers you wern't forced, nobody put a gun to your head, and you had 9 months to change your mind! Why wait until the child is gone to change your mind? If you are really that fickle and dillouted you shouln't be any where near a child.

Answer 11

AS LONG AS THE PAPERS ARE NOT FILED YET THEN U STILL HAVE AFIGHTING CHANCE THE PROBLIM WITH THE STATE PEOPLE THEY NEVER WAIT FOR THE RIGHT INFRO GOOD LUCK AND GOD BE WITH U IM GOING THROUGH SOMETHING SIMILER BUT THEY ARE MY GRANDKIDS CANT AFFORD LAWYER

Answer 12

THIS IS OUTRAGEOUS!!!!!

Get an attorney, family law ASAP!!!

Call the media...the newspapers and get your baby back!

And then consider suing the pants off of the hospital and the adoption agency. Falsifying medical records is a serious crime.

One more thing....if they shared any of your medical information (regardless if it was incorrect) they may be violation of the HIPPA ACT.

Violation of the Hippa Act is a civil rights and a criminal act.....so is trying to "steal" a baby by falsifying information.

YOU NEED TO CALL THE ACLU NOW!

http://www.acluhawaii.org/

Answer 13

Did you contact their lawyer or one for you?  If it was their lawyer, you need to contact a lawyer for you and do it immediately.  Most states allow you to rescind if there was fraud or coercion.  If the lawyer was the one who pressured you, you should also consider a bar complaint.  If it was an agency, you need to report them to the attorney general of your state.

Answer 14

Yes. Contact a lawyer ASAP.  You signed the papers under duress. Basically someone threatened you into signing the papers.

Answer 15

I would get a lawyer right away.  If it came down to it, i would sue the hospital and the agency.  What about the media?  Call your local new station and see if you could get attention drawn to your case.  Do you have the papers that show the mix up?  That would also help.  I would move on this right away.  I am so sorry this happened to you.  I hope you and your child are reunited soon!  Good Luck.

Answer 16

Only 3 days?  Lawyer--IMMEDIATELY if not sooner!  Tell the attorney every single detail of what happened and how you were scared/coerced into believing CPS would take your child if you changed your mind.  Do it today!  DO NOT WAIT.

Although all states have a very short time frame in which you can change your mind, as you've probably figured out already, the agency is not in your favor.  So, don't waste any more time, as time is extremely important in this matter.  Contact legal services, your own attorney, your parents' attorney or whoever else is available to give you legal counsel and representation.  This is vital.

Answer 17

You really need to speak with a lawyer, we really wouldn't be able to help you. If your drug tests were mixed up and you really were negative then im sure they can help you. In most cases when the papers are signed its a done deal though. You also have to think about the baby and if you want to tear her out of the only home she has ever known now since she is with a new family. Can you give her everything she needs? You did think of putting her up to begin with.....

Answer 18

I would think you could definitely get the baby back.

You might want to talk to the agency or whoever the baby was adopted through.

You should do it as soon as possible so the adoptive parents don't fall totally in love with the baby.

You could explain to them your situation.

Talk to an attorney, you should be able to get your child back.

Good luck!!!

Answer 19

O M G please do not waste time RUN as fast as you can to a lawyer

That is coercion in its rawest , Go to the police , that is tantamount to stealing your baby through FALSITIES

ETA Are some of you people fore real ? ie Think about whats best for the baby, should she be removed from the only home she has ever know" ....come on its 3 DAYS !!!

Whats best for this baby is HER MUM HER MOTHER THAT Gave birth to her

Answer 20

Family law attorney ASAP.

You should also contact http://www.origins-usa.org

Don't give up!!!!

Answer 21

Right now it would be best to get a lawyer on this one. And if they give the wrong information the can get some trouble or something. But I tihink it takes 6 months before the adoption is finalized. I would act now and talk with a lawyer and tell them want going on and want happened and you think that you got forced to give the baby up for adoption after the baby was born you changed your mind.

Answer 22

Before you take the advice of alot of the answers, think of what you have to offer this child, also the amount of money needed for you to go thru the court system to get the baby back. Sounds like you're a single parent or don't have someone that will help you, which makes things hard all around. Find someone that can help and work with you, because right now it's needed. You have put alot of information out, but the real story starts with you and what you are able to do for this child. You had 9 months to think about the whats and wheres of this child, it's a shame for all that are involved that it's turning out this way.

As a adoptive parent a few years back, it was always on my mind that the mother or father would make changes in their way of thinking, and I would lose my child, no matter what,  I did. There's a small life involved in your effort, make sure you are able to take care of that little one as she should be taken care of.

Answer 23

You should really talk to a lawyer about this. Don't waste time.

Also, make sure you keep any documents that help support your claim. You may want to spend some time writing down the dates when events of importance happened.

Answer 24

Well, first of all how much time has passed?  That will make a difference.

Each state has its own guideline as to how long a birth mother has to change her mind, and it may be that you are still within that period.  If you are not, the circumstances around your signing COULD POSSIBLY be grounds to stop the adoption, but not necessarily.  As the first response suggests, you need to contact a lawyer.  Many operate on a free or sliding scale.

They will investigate the toxicology screen and the circumstances around it, and probably ask you a lot of questions.  Be ready for them, because they will probably point out that you must have had reason to be guilty or you would have fought instead of signing.  

Ultimately, I hope that whatever happens is what is best for the baby, whether that be with you or with the adoptive family.  I wish you the best!