Undo adoption?

Question

my son was adopted by step father some 40years ago without my awarness you see my wife boys mother left when he was 6mo.old never two see him again untill he found me last fall the reason i could nt find him is he had a new laast name he wants his old name back can he undo adoption??????

Answer 1

idk, id ask the courts if its legal to do that

Answer 2

You don't need to undo the adoption to change his name back to the old name.  Try the probate court in your town....they usually have a procedure for legal name changes.

Answer 3

Most likely you’d have to adopt him. Changing his name legally would probably be a much easier process.

Answer 4

40 years ago adoption laws were quite different.  Biological fathers didn't start to have rights in regards to adoption until 1972.  It's a shame you were apart for so long but it's good that you finally have a chance to be together.  As for reversing the adoption I'm unsure.  Have him check with an attorney that specialized in adoption.  Each state has different laws regarding this area so I hesitate to offer too much.  However a much more cost affective method might just be for him to file a name change with the state.  That way he could have your name without all the legal hastles of reversing his adoption.  Again ask the attorney how this would reflect on his birth certificate.  I'm not sure if they issue a new on after a name change or not.  My guess is they would have to otherwise you wouldn't be able to prove who you are.

Answer 5

I would suggest speaking with an attorney.  You or your son may be able to contest the adoption if you can prove that you did not know that the adoption was occurring.  However, if the son is 40 yrs old, why would he want to change his name at this point in life?  I'm confused.

Answer 6

He can go to court if you can prove you never gave up your rights to him as his father.  If its just the name he is concerned with he can petition a name change through the courts.

Answer 7

IF HE WAS ADOPTED WITH OUT YOUR PERMISSION.THEN THE ADOPTEN WAS NOT LEGAL. SO YES HE CAN GET YOUR NAME BACK. BY GETTING A LAWYER AND GOING BACK INTO COURT AND GET THE PAPERS UNDONE. BUT FIRST GET A LAWYER BECAUSE HIS MOTHER AND THE MAN THAT SIGNED YOUR NAME TO HAVE HIM ADOPTED COULD GO TO JAIL. BECAUSE IT IS A LAW THAT THE MOTHER AND FATHER HAVE TO SIGN THE PAPERS.IF SHE LIED AND SAID SHE DON'T KNOW THE FATHER WAS,THEN SHE IS IN ALOT OF TROUBLE.YES GO AND HELP YOUR SON ALL YOU CAN,TO GET THE RIGHT NAME BACK TO THE RIGHTFUL OWNER.GOOD LUCK

Answer 8

No, adoptions cannot be undone or even reopened unless there was a legal error.  He can, however, legally change his name.

Answer 9

You can contest this if you can prove that your absense wasn't your fault.    Considering his age, he can go to the courthouse and get his name changed.

Answer 10

It is hard to have an adoption undone after so many years.  If you can prove that you had no prior knowledge of the adoption (which in most states makes it void).  It can be a little hard to do and expensive.  However, he can go to the courthouse and have papers filed asking for a legal change of names.  This way he can have his last name changed back to yours and it is less expensive to do so.

Good Luck!

Answer 11

yes you can. since you never signed your rights away. Also if it's too long ago, he can go to the courts and have his name legally changed also. My husband just did that before we married. He didn't undo the adoption, he just applied for his fathers name and paid the fees. Good luck!

Answer 12

I read somewhere about a guy having his adoption dissolved.  I suppose it depends on the laws of the state.

Answer 13

You could contest it,but you'd have to prove your case in court or he could just simply file for a name change,which might be easier.

Answer 14

Since both parties are adults, in most states you can adopt him back if he consents, though you can't "undo" the previous adoption. And, there is no child welfare issue, so it's mostly just a paperwork shuffle. They will reissue a new birth certificate even to replace the new one he got when his stepfather adopted him.

If you don't want to go through the tussle of an adoption, he can legally change his name to whatever he wants.