Step parent adoption reversal???

Question

When my daughter was a year old I got married and we started the step parent adoption process. We had her father served with papers and he answered by saying he did not object to the process because he did not believe she was his child. We never had a DNA test done and the adoption went thru. Fast forward 12 years, we are now divorced and her real father has contacted me and wants a test so he can say that the adoption should not have gone thru with out one. He wants to see her and have rights again, can it be done?? She knows about him and would like to meet him and I would not keep them from doing that, however I have not told my my ex about it yet. He pays support and visits with her EO weekend so he is in her life.

Answer 1

No it can not be done if he signed the paper back then allowing it to go through. you do not need a DNA test to have the adoption go through and all it would do is prove the child is his and that he already gave up his rights. Your daughter is now legally her step-father's child. If the guy who signed the agreement givig up his rights was not the father and someone else wanted it then it would be a different story and they could get it reversed.

Answer 2

There's no reason why she can't have both fathers involved in her life.  It'll up the complication level of life, but it can be a positive for her to know she has two daddies who love her.

I don't know that the process can be reversed no matter what the DNA test shows.  Once his parental rights were terminated, that was it...and once your now-ex husband adopted her that was it (unless he wants to terminate parental rights so her birth father can re-adopt her...but I don't even know that this could be done).  I think it's final, though.

You have quite the situation on your hands.  I hope it goes very well for you and for your daughter especially.  She could come out a winner by having so many people who care deeply for her.

Answer 3

You have to check the statutes of limitations in your state. In most cases, once a DNA test is done, the legal and true father is instated on the birth certificate.  The issue is whether or not your ex-husband (the adopter) will have to sign away rights to his "now" daughter.

Just my 2 cents:

Why would you jump to this court stuff before getting the "true" dad involved in your daughters life. I would test the waters before getting too involved in the court process. After 12 years of wanting nothing to do with his child, all of a sudden he is interested... I would tread lightly if I were you. Neither you nor your daughter need him changing his mind again and taking off. You have to be careful....

Answer 4

he can see her without a reversal, but reversals are possible in every state!