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Author Topic: Reverse adoption of Biological daughter ?  (Read 1921 times)

mango

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Reverse adoption of Biological daughter ?
« on: Jul 12, 2004, 02:03:44 PM »
I have a question for a co-worker. He said a few years ago he made the mistake he will regret forever. His ex got re-married and his Biological daughter (age 9 or 10 then) wanted to be part of the family of her mothers new husband so bad that she asked her dad if he would let them adopt her so she could "share" the same last name and fit-in better.

The father gave it some thought, and spoke with the mother in depth and they agreed that it would not change the father daughter relationship, it was only a formality for the daughter to feel part of her new family.

The father agreed, and signed adoption papers. Two weeks after the mother refused to allow the daughter and father to visit together, nor speak on the phone. Mother then twisted the story and told bio-daughter the father didn't want her and gave up on her. (PAS)

Questions?

1- Does the biological father have any rights at all?
2- Can the daughter choose to see him (on her own will) as she grows older?. If so at what age would that be? (she is 13 now.)
3- Can the bio-father reverse his decision for the adoption?
4- Is there anything he can do to see her?


socrateaser

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RE: Reverse adoption of Biological daughter ?
« Reply #1 on: Jul 12, 2004, 03:39:39 PM »
>1- Does the biological father have any rights at all?

Not at the moment, unless there was a court order for visitation made at the time of the adoption.

>2- Can the daughter choose to see him (on her own will) as she
>grows older?. If so at what age would that be? (she is 13
>now.)

18, or when she's otherwise legally emancipated. However, as a practical matter, if the child wants to see the bio dad, there's little that the mother can do, if the kid just visits without permission of the legal parent.

>3- Can the bio-father reverse his decision for the adoption?

If he has credible proof that he signed the documents after relying on the mother's misrepresentation that he would be permitted reasonable visitation, that could constitute a fraud and be grounds for setting aside the adoption. However, a fraud must be proven by clear and convincing evidence, i.e., proof that substantially shows it more likely than not that the fraud was committed. Not easy to do.

>4- Is there anything he can do to see her?

Beg the mother. Or, if it has been a VERY short period from the time that the adoption took place (like less than 30 days), he could petition the court for visitation, on grounds that a parent-child relationship exists and that the child will be harmed by the loss of the relationship. This also will be tough to prove, unless the child really wants to see the father.

 

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