Setting aside an adoption?

Question

We adopted 3 children almost two years ago. The birth father waived his rights to be served, and the mother we had no idea where she was. We ran the add in the paper. The judge terminated both birth parents rights. Now we have been served papers that the birth mother is saying the grandparents committed fraud to the court. Saying they knew where she was. They are still saying no they did not. The grandparents had physical custody of the children. The children have not lived with parents since 11/04. What are the chances of the birth mother getting these children back?

Answer 1

So if I understand you correctly, the first mom has been out of her children's lives for 4 years? I think it is highly unlikely that a judge would nullify the adoption. Your adoption was finalized 2 years ago and she's reappeared only now? I think she'd have a VERY hard time proving fraud on that basis. If she had been around or at least in contact, then she would know that an adoption was imminent.

That being said, I do agree with Gaiaa that it would be in your child's best interests to meet with the first mom (if she is willing) and see if an open adoption is possible.

As long as she is emotionally stable, then I think it would ideal for your children, for their first mom to be a part of their lives.

Wishing you and your children the very best!!!

Answer 2

she abandoned the kids and doesn't deserve them

fight for the kids

they are your kids

if she gets them back she will abandon them again

good luck

Answer 3

If the childrens' mother is able to prove fraud, prepare to transition the kids back to her care.  I know this will be hard for you, but it's what's best for the children.  Why not approach her and have a conversation?  Find out the story from her.  Don't be defensive, whatever you do.  She's their mother, and I imagine it's tearing her apart being away from her children.  I understand that you are their mother, too.  But the biological ties they have will never go away.  If their mother is able to come back in to their lives, that's a reason to rejoice!

Best of luck to your children and HUGS to you!

Answer 4

I'm sorry, I don't know, but I feel bad about your situation and I suggest you immediately make contact with the attorney who handled the adoptions for you.