Can any adoption be contested and fail?

I noticed that no one has replied to this so I thought I'd try. Unfortunately, I'm not certain what to say. There are different laws in each state so, in a domestic adoption, so much depends on what state you live in. You'll want to check the adoption laws and practices in your state. As for international, I would assume it's less likely but, again, depending on what country, what agency. Ours was very complicated. We are in Ohio which is a "good state" for adoption. Our birthmother signed the placement papers when the baby was 10 days old. That totally severs her rights (unless she can claim mental duress or fraud) which was not likely in our case as we have a very open adoption with her and because we kept the baby for a full 10 days as a foster placement to give her more time about her decision. Ohio also has a putative father registry. Our daughter's biofather knew of the adoption, said he was totally behind it the entire pregnancy, did nothing to financially support her, etc. He did not sign a permanent surrender or a putative father registry within the 30 day period. BUT, when baby girl was 4 months old, he convinced the birthmother to sign an Affidavit of Paternity which COULD have made him a legal father. What saved us was that our Adoption Petition to the court had already been filed when they signed the Affidavit so Ohio (in our county, every county is also different) saw that as being too late for them to file. Also, it was brought up that because birthmother had already signed a permanent surrender, she was NOT a legal mother when she signed the Affidavit of Paternity. Something important to remember if any of you has a need to. So can any adoption be contested? Yes, it's possible for an adoption to be contested in most states, but at a much earlier timeframe than ours was. Generally, once the 30 day putative father period is over, an adoptive family would not have to be concerned about a birthfather coming back into the picture to claim paternity. Sorry this is so convoluted, but the laws regarding adoption in this country ARE convoluted, confusing, and not always in the best interest of the adoptive parents OR the child.

Joskids is right---especially about the convoluted laws. Most of the time, though, a contest occurs for a couple of reasons: a claim of duress or fraud by one of the birthparents (and that happens) or improper notice to all the necessary parties under whatever statutes that state has in place. Generally speaking (meaning that there are exceptions, many of which you'll find on this particular forum board) if all of the parties involved have handled the adoption ethically---the agency hasn't coerced a birthparent, withheld information or falsified documents, neither birthparent has been untruthful about anything, the lawyers have dotted their "i"s and crossed their "t"s, and done their jobs correctly with regard to proper notice, the signed TPR should be permanent after a date certain (always established by statute.) I think it helps if you think of it as a 2 part process. The rights of the birthparents must be fully terminated first, and then, in step 2, the adoptive parents' rights are established and finalized.

Which state laws govern the adoption - where the child was born or where the adoptive parents live or the Birth parents... for example - if the PAP's lived in Texas and the birth mom was from North Dakota - but she went to California to give birth (that is where the agency found her housing etc) what state laws govern???

It's my understanding that it's where the child is born.

The adoption follows the laws of the child's birth state (state where the child is born) through termination of parental rights. Once TPRs are completed, the adoption transfers to the adoptive parents' state of residence for finalization.So in your example, California law is followed through TPR, then Texas law is followed to finalize.One of the chief problems is that 'failed adoption' does not have a clear definition - can be used for an expectant parent changing their mind pre-birth or a finalized adoption being reversed.Generally, when you hear 'failed' or 'contested' it is where the child was placed at legal risk - born, both biological parents had not yet completed their TPR process. Either one parent refuses to consent, or one/both change their minds after TPR but before any post-signing waiting period has ended (these periods vary by state but are not long). Where it's a biological father who is not married to the mother, they are putative, and often hopeful Aparents will challenge paternity, meaning the putative father has to get a DNA test then go to court to assert rights. This is the most common 'type' of contested adoption.Rarer but not unheard of is a biological mother contesting after TPR is completely closed including any waiting perioud. Any contest after that must prove fraud or coercion (not duress) took place. Sometimes you hear of previously unknown putative fathers coming forward, though every state has process for terminating "any unknown birth father" rights and they should absolutely be followed even where you're *sure in your heart* that the man TPRing as dad is the right guy. Does this help?Regina

Great bunch of info!! Just what I wanted to hear!! Thanks

In my case even though a TPR was done there was simultaneously done a visitation "Agreement" which gave the birthmother back her rights. She has used those rights to continue to file against us. My son is now 5 years old and while she does not visit she does still keep her rights intact enough to file motions against us. She has the right to visit but does not. She has the right to receive pictures but refuses them. She has been offered phone calls and refused them as well. The only thing she has used her "parental rights" for is to file for a rescission of the adoption, a protective order, fraud charges, and let's see - a whole host of things. But what she does not use her rights for is to have anything to do with my son - only legal motions against us. Hope this helps.