Can birthparents contest a finalized and proper adoption?

I probably wouldn't really run because in the long run, that wouldn't be best for my daughter. But I have to admit, I'd rather die than lose my daughter!

Oh I'll say it - I would RUN!!!!!!! I would absolutely die if this happened. It would be the same as tearing my heart out. He wouldn't be better off with his bparents, and I KNOW this, so that would make it worse. This makes me sad....sad how lawyers can screw something up that is so vital and how bparents can be ignored, and sad how the courts can be so STUPID as to think after 2 - 3 years with a family the child can just be returned. Give me a break!

Yes - this is happening to me in Alabama. It is still happening and my son is 5 years old. Obviously there have been so many motions and counter-motions and hearings that it it impossible to summarize in one posting. **WE DID EVERYTHING BY THE BOOK** Birthmom contested on grounds on coercion (LIES!). Adoption was granted contigent to an open adoption "Agreement." Birthmom came back and filed an immediate motion for rescission of the adoption based on fraud. Within days other motions were filed against us and some of them we are still fighting. As of right now we still have our son. But we are also still fighting to keep him. We have been bankrupted by the lawyers - she gets free legal aid. Our current lawyer (my FIFTH one) says he can fix it - but after one year has been ableto do nothing on our behalf. Our case remains in jeapordy. She has LIED and it makes me SICK! BUT - those lies still get entered into the court documents and then we have to defend yet another round. More than 5 years into it and it is still not settled. Yes - we have a "final" adoption. Yes - we have outstanding motions to rescind this adoption. Yes - we are still in and out of court. If I could have known that her interest did NOT lie in visitation (as she has not visited) - but instead her interest was in creating and maintaining utter chaos and instability then I would NEVER have signed the open adoption agreement - which only served to keep some of her parental rights which she now uses only in court. I pray hard - every day - that my son's best interest will be considered and that one day my family will be able to function with the normal, everyday expectations of life. I pray every day this madness will end. I pray every day for peace and normalcy. There is no answer to my prayer. Horror stories where everything was done right by the adoptive parents????????????? YES! Feel free to ask more questions or PM me.

Christie-That is just horrible!!!! I can't imagine what you must be going through. What kind of parental rights does she have?

We have two separate and conflicting documents: One terminates her parental rights and gives us an adoption. The other gives her back her parental rights through a visitation "Agreement" submitted at the same time. **She does NOT visit!** THEN - before the mandatory 4 months were up she began using the "Agreement" to utilize her rights to submit a motion for a rescission of the adoption. She then went on to file continuous motions against us - one after another. All of this is possible because she has a visitation "Agreement" retaining some parental rights. I never thought this could happen. I never knew this was even a possibility. And since she does not want to visit she obviously is looking for some other gain through all of this. I hope no one ever has to go through this. My prayer is for my son. :male:

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)