Can birthparents contest a finalized and proper adoption?

What is the mandatory 4 months? Did she want to revolk within the legal time frame? Or was this later,I am confused. Your case is the oddest one I have ever heard Christie.BLAH:~((

In Ohio, if the putative birth father (unmarried father) does not sign the Putative Father Registry within 30 days of birth, his rights are terminated. I've read jokes about this such as "every time I make love with a woman, I have to send a postcard to the State". But seriously, that is what the law expects. If a birth father believes that he may have inpregnanted a woman, he is required to sign up with the registry or lose his rights in a potential adoption. If he signs up, he gets notice of the adoption. In our relative adoption, we contacted both "potential" birth fathers and told them the plan of adoption. The reason for this is that we wanted to know up front if either of their families were going to fight the adoption. It turned out that neither of the families were remotely interested. It totally amazed me, especially the one family who lived down the street from us. Not one ounce of interest or responsibility accepted. (of course, the excuse was, "MY son COULDN'T be the the father." It worked out for the best, though. We now see which birth father our DD looks like, so we are pretty sure who it is.

Christi, I'm so sorry that you are having to go through this. I hope and pray that the Judge will see that the birth mother is clearly not looking out for what is best for your son. It's almost as if she had no intention of severing her rights and just wanted you to raise him but she wanted to keep being the "mom" in name only. She sounds very unstable and I feel so sad because I know the kind of stress litigation puts on a family - not only financial, but emotional. I am really shocked the Judge hasn't thrown it out of Court by now. You would think the Judge would see through the lies at this point. Nothing good can come from protracted litigation. It needs to stop . . in your case and the many others going on in this country.

Hi Lonni, She had four months in which to file fraud charges against us based on the 60(b) rule here in my state. This is done when a promise, guarantee, or "Agreement" is entered into and either side can file claiming fraud. So she was able to twist it around and file the Rule60(b) motion against us within that 4 months and therefore claim the adoption was null and void. Yes, I am confused as well. Yes, it is odd. Yes, it is true and it is sickening. Thank you Lynard1210. "Nothing good can come from protracted litigation. It needs to stop . . in your case and the many others going on in this country." You are correct in that mine is not the only case and that protracted litigation is extremely emotionally and financially stressful. In fact, I don't even have the words to describe it. I will say that she has never once - ever - even asked how my son is doing. THAT is how concerned she is about him. Thank you for your words of support.

Actually, Evan Scott was almost 4, and not 2 years old as the article erroneously states. Yes, you are correct. It was the most heartbreaking story you can imagine. If ripping a child of nearly 4 away from his bonded family is not traumatic enough in itself, it got worse for Evan, but did not make the same national headlines as the first trauma he suffered: He was traumatically removed from the loving home of the Scott family (as per the linked article) and was awarded to the birthmother in Illinois, where was emotionally and physically abused in her home. He was then removed from her temporary custody 9 months later and awarded to the birthfather in Maine. He eventually won full primary custody over the birthmother and step father, who had a child abuse trial pending. There was a guilty verdict in the child abuse case this year. The birth mother was allowed to retain custody of her younger kept child however.

That's not entirely true. The adoption was not officially denied until the child was around a year old. That's a lot of bonding time with a baby that you love as your own. The court maintained his custody and guardianship with them all those years "in his best interest" rather than move him to either birth parent despite it denying the adoption on a legal loophole. Here's an article that explains it better than I could: [url]http://www.law.capital.edu/adoption/evan.cfm[/url]

I'm sorry Christie. No family should have to go through this.

hopefulmom~ about the timeline on the adoption not going forward, have you read the transcripts? I can not remember the exact timeline, so I need to read them again to be sure. I am not sure there is a link anymore on the hmv website for the transcripys :(( So we may just have to agree to disagree!!

Hopefulmom, I did not read about a conviction.

Oh Christie-that is so nuts.Is that kind of like the law on contracts for purchasing services or items? This is a CHILD!!!(I know YOU know that)

You got it! This is the same law for service agreements or items. Kind-of like a dishwasher. OK - I just had to delete most of what I wrote. So I'll just say yes, my child has been treated like an appliance with the court and this judge.

Hi lonni, To the best of my knowledge hopefulmom is correct in what she is saying. I do know that the Evan Scott case has to be one of the most horrendous injustices ever done to a child by a court system. Yes, the courts do this, and yes, it is personally scary to me because they are also legally abusing MY son. C-

I think the HMV is out of business. Most everything has now been removed from their homepage and the forum is completely gone.

I think HMV may be out of business. There is hardly anything on their front page and the forum is completely gone. [ I am not sure there is a link anymore on the hmv website for the transcripys ]

Lynard, you stated that in the state of Ohio, if a putative father does not sign the registry within 30 days, his rights are terminated. That's what we thought. Until our baby girl was 5 mos. old and the biofather (who had visited our home in an open adoption, was fully behind the adoption initially, and did not support the birthmother financially or emotionally through the pregnancy), filed an objection and held up our adoption. Birthmother signed an Affidavit of Paternity which COULD have been seen by the justice system as making him a legal father. Our adoption was finalized, after we retained an attorney, paid much in attorney fees, and suffered very much emotionally. All that I can say is that every attorney should file the Petition for Adoption as soon as it is legally possible. There are loopholes that we just cannot always foresee. If we had lost our precious baby girl, our other 3 adopted children would have suffered inconsolable loss and so would we. God, very fortunately, was in charge.