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Hello all, My name is Corey. I'm doing a research paper and thought I could get some information from actual parents.
Here is the question that I'm doing my paper on. Feel free to leave any comments or past experiences please.
Should adoption laws be changed to exclude the possibility of birth parents reclaiming their child?
What do you mean by "reclaiming" their child? Are you talking about trying to regain the child after the relinquishment papers are signed (TPR)? Before the revocation period is up? After finalization? It's difficult to answer this question until you define what reclamation period you're referring to.
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Reclaiming a child years after finalization is practically unheard of, so I don't see any need for new laws. My answer is NO.
Reclaiming an adult grown up person is a different kettle of fish tho..
But then we really can't reclaim a human being..
Jackie
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I'd be interested to see what research you've done so far that says its possible to "reclaim" a child after finalization.
From what I know of adoption I think you may want to find a new research question.
Generally, there are ways in which an adoption can be reversed, usually by petition to the court by either the birth or the adoptive parents. The laws about when this can be done and the circumstances required for the court to allow a reversal (usually called a vacation or annulment) of the adoption are quite strict. If an adoption is reversed, the adoptee's (child's) birth certificate will be changed back to the way it originally read.
I've never heard of a LEGALLY completed adoption being reversed years after finalization. However, if like you say the circumstances required for this to occur are already quite strict I vote with those above and say NO the laws should not be changed to exclude the possibility.
What I have learned on the net is that if a birthparent in an open adoption sees something wrong in the adoptive home she can not take the child back..
The very fact she relinquished a child goes against her getting her child back.
The thinking of she abandoned then and she may abandon again.. according to law speak.. rules the day.
I may be wrong as I am just repeating rumors..
Jackie
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Corey,
Much like some of the other individuals that replied to this, I'm not sure I truly understand the question. The relinquishment of my son was done through a "closed adoption". While I did have, I believe 30 days, to petition the courts to stop the adoption from becoming finalized, that was where my legal rights ended. There was never a possibility of my "reclaiming my son". Even now, with my son 36 years old, all of the records remained sealed. Unless we somehow find each other through some mutual consent registry or I come up with a significant amount of capital to pay a investigative company to help me search, I have no claim to my son, no rights as his birth parent, as his mom. I was basically given a life sentence, without a change of parole. Murders have gotten less. I have had to spend my entire life without him, feeling like he despises me or even worse, has no feelings for me whatsoever.
Quite the contrary, Corey. I would like to see adoption laws changed to INCLUDE the possibility of reversing an adoption gone awry.
Susan
Case in point:
[url=http://www.boston.com/news/nation/articles/2009/01/07/boys_1999_disappearance_raises_questions_regrets/?page=1]Boy's 1999 disappearance raises questions, regrets - Boston.com[/url]
Or, google Adam Herrman and his natural sister Tiffany Broadfoot.
I agree with MommaKatja -- consider a different research project.
Susan
My son has been living in my house for the past year, and STILL neither one of us is allowed access to the adoption file or even his original birth certificate. We're trying to figure out who the record is being sealed FROM since the "identifying information" piece is pretty moot at this point.
Amen, Susan!
Hugs,
Susanne
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