How do You Reverse an Adoption in Florida?
Note that we no longer practice in this area of the law; however, we recommend https://floridaadoptionattorney.com/ because of their excellent reputation in the community.
Most of the time, adoption is a joyous experience for the entire family. The family welcomes the child with open arms and in ideal circumstances, that family is a unit for the rest of their lives. Unfortunately, sometimes adoptions must be reversed. A birth parent may change their mind and not want the process to proceed, or an adult that was adopted as a child may wish to sever the connection with their adoptive parents and continue a relationship with their biological parents.
When either of these are the case, reversing an adoption is very difficult. Florida’s Adoption Act invokes many laws pertaining to adoption, including who may adopt, and the penalties a person faces if they adopt someone through deception. Although it is possible to reverse an adoption, this is only allowed under very limited circumstances.
Reversing an Adoption
One of the most common reasons an adoption is reversed is because one or both of the birth parents change their mind and no longer wish to allow someone else to adopt the child. This is devastating for the adoptive parents that were likely already celebrating the new addition to the family.
Fortunately for those families, Florida law only provides biological parents with three days to change their minds and reverse the decision. It is also for this reason that families that want to place a child up for adoption must carefully consider their decision before adoptive parents are found for the child.
Revoking an Adoption
There are some instances in which an adoption has already gone through, but there is reason to revoke it. The three-day window may have closed, or a stepparent may have adopted a child when they got married and after a divorce, no longer wishes to parent the child.
In these situations, reversing an adoption is extremely difficult. The person that wishes to revoke the adoption must prove that the adoption occurred as a result of fraud or duress. For example, if two people adopted a child but lied to the adoption agency or birth parents about their income level so that the adoption would go through, that could be enough reason to revoke the adoption.
In the case of a stepparent that wishes to revoke an adoption, it becomes much more challenging. The courts will not typically revoke an adoption simply because a person no longer wishes to be a parent. Instead, that parent will have to petition the court to revoke the adoption for other reasons. For example, a child may have developed certain special needs that require extensive medical equipment and care. If the stepparent cannot afford these new requirements, they can state that in their petition to the court.
Our Florida Family Lawyers can Help You Reverse Your Adoption
Although reversing and revoking an adoption in Florida is possible, it is certainly not easy. If you need to reverse an adoption, you need to speak to a Tampa family law lawyer that can help. At All Family Law Group, our attorneys can outline the best path to get the results you need, and create a solid case so you have the best chance of a positive outcome. Call us today at (813) 672-1900 or contact us online to schedule your free consultation. Se habla español!
Note that we no longer practice in this area of the law; however, we recommend https://floridaadoptionattorney.com/ because of their excellent reputation in the community.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0817/0817.html
