Can Adoption Be Reversed, Overturned, or Canceled?

An adoption can be reversed, overturned, or canceled depending on the circumstances. This runs contrary to popular belief that all adoptions are permanent from a legal perspective. However, the process for canceling or reversing an adoption can be complicated.

This page provides an overview on changing an adoption once it has started. However, because adoption laws are different in every state, it is important to talk to a local adoption attorney about how to go through reversing an adoption according to your state laws.

Differences Between Reversing, Overturning, or Canceling an Adoption

Canceling an adoption or disruption of an adoption can occur at any time before the adoption has been legally finalized. If the prospective adoptive parents decide not to go through with the adoption at the last minute, it can effectively be canceled immediately with very little legal repercussions or recourse for the hopeful adoptee.

Overturning or reversing an adoption can also be known as vacating an adoption or annulment of the adoption. The reversal of an adoption is a serious matter, and strict laws regarding the adoption reversal process and requirements are in place to protect all parties, as adoption is typically meant to be a permanent binding process.

A reversal of an adoption, therefore, is very serious and will effectively mean that no legal bond between the former adoptee and their adoptive parents will exist at the conclusion of a successful suit to annul. Options for reversing an adoption may depend on several factors, including whether it was a closed adoption, stepparent adoption, or private adoption.

Who Can Reverse an Adoption?

The birth parents, the adoptive parents, and the adopted individual are all able to file suit to reverse an adoption.

If the birth parents seek to undo an adoption, it will be nearly impossible to do so. Many of the laws regarding adoption reversal only permit birth parents, who have voluntarily consented to the adoption, to rescind their consent within a specified period of time, often only a matter of days, after they signed the waiver and consent to adoption. The exception to this is usually if the birth parent can prove there was fraud which affected them giving their written consent to the adoption.

For example, in Utah, birth parents who have signed away their parental rights have little to no recourse after the fact. In fact, once a final adoption decree has been entered, the birth parents cannot seek to reinstate their parental rights, even if they allege fraud. Instead, they can attempt to seek criminal charges regarding the fraud.

Even if annulment by the birth mother or birth father is available, the suit may be contested by the legal adoptive parents, the adopted individual, or both.

If the biological parents and the adoptive parents are in agreement to reinstate the biological parent(s) parental rights, then both parties together can file a joint petition. As with other orders vacating an adoption, the parties are generally required to show that terminating the adoption is in the best interests of the child.

If adoptive parents are the ones seeking to reverse an adoption, they will have to petition the courts. The primary criteria is whether vacating the existing adoption would be in the child’s best interests and whether there is a suitable replacement ready to take over the legal adoption. This is not an option that is generally granted. There may be other avenues available, such as seeking assistance from the state’s child welfare agency, to remove the adoptive child from the home and place with another family.

Finally, if the adoptee is seeking to reverse the adoption, it may be possible if they have attained the age of majority. If they are still under the age of majority, emancipation may be more likely in this scenario, as this would allow the adopted child to live independently from their adoptive parent(s).

Other Grounds for Reversing an Adoption

Another possibility for reversing an adoption involves showing the birth parents terminated their parental rights by fraud or undue duress.

For example, in Illinois, if the birth parents show they were threatened or coerced to give up their biological child, they may be able to later have the adoption reversed. There is a one (1) year statute of limitations to bring such a suit once the adoption decree was entered by the court.

Time Limits for Vacating an Adoption

In some states, there may be a time limit for vacating an adoption order. For example, in Florida, under § 63.182, any proceeding to vacate, set aside, or nullify a judgment of adoption on any grounds may not be filed more than 1 year after entry of judgment.

Process for Reversing an Adoption

The process for reversing an adoption involves a formal petition. Supporting documents, like a birth certificate and adoption orders, can be gathered from the local courthouse or government agency, in person or via download. The petition and paperwork is filed by the party looking to annul the adoption. The petition must generally be filled out and signed in front of a notary.

A court date for family court will be set following the filing of the petition paperwork, and a judge will determine whether the adoption will be annulled following the hearing, handing down a verdict on the matter.

Reasons for Reversing, Overturning, or Canceling an Adoption

There are too many reasons that a birth parent or parents, adoptive parent or parents, or adopted individual may give for wanting to reverse the current adoption to list in full, but the most common reasons include:

• Biological parents looking to reclaim their parental rights over a child given over to adoption.
• Adoptive parents finding that the adoption is simply not working out for themselves or for the adopted child, with the court placing the majority of the weight of a final decision on the child’s welfare.
• An adoptive child claiming abuse, neglect, or emotional distress under the terms of a current adoption agreement.
• An adoptive child who has become an adult seeking emancipation from their adoptive parents for any reason listed above, or if they simply would prefer to seek adoption from a different parent or parents.

Rescinding the Adoption

There may be additional concerns for changing an adoption. For example, in California, if the birth parent changes their mind they may be able to rescind an independent adoption through an adoption agency within 30 days. However, the birth parent may not be able to change their mind if they signed a Waiver of Right to Revoke Relinquishment Agency Adoption Program.

If you have further questions about the reversal of adoption process, talk to an experienced adoption lawyer.