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Can an adoption be reversed in Florida?

Hollywood, FL |

My cousin was forced by her husband to put hee baby up for adoption after he learned he was not the father. He refused to let her give the baby to family members by threatening to leave her and take their son away. This baby has so much love and family who want him. The biological father has not signed him away but her husband may have fraudulently done so. How can this adoption be reversed? I was told the adoptive parents live in Canada.

Attorney Answers 4

Posted

This is not a simple question to answer on a web site. If you are saying she wants to contest the adoption, she needs to speak with an experienced attorney to determine if she has grounds to overturn her consent. Where is the adoption filed?

Madonna M. Finney
Board Certified Adoption Attorney

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2 comments

Asker

Posted

The adoption was filed in Florida last Friday.

Madonna M Finney

Madonna M Finney

Posted

If the case was just filed last week, termination of rights may have not yet taken place. While consents for adoption of new born children are irrevocable, a consent may be over turned upon a finding of fraud or duress. These are difficult to prove, the burdon is upon the parent claiming the fraud or duress and the standard is clear and convincing evidence. If someone wants to contest their signing of a consent, they should seek immediate, qualified legal assistance.

Posted

Ms. Finney is correct, this is complex. Depending on how your cousin’s husband “forced”her to sign, there could be grounds. In addition, the termination of parental rights may have been improper if the know biological father did not receive notice of the intended adoption. However, if the adoption occurred more than a year ago, an attempt at reversing may be too late. She should see an adoption lawyer ASAP.

This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory ekmlaw@bellsouth.net (561)743-3708.

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Posted

Your cousin should be contacting an adoption attorney directly to discuss the case.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

Your cousin needs to contact an adoption attorney immediately that is experienced in revocations. When did this all happen? Was this in the state of Florida? Was there an agency involved?

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6 comments

Asker

Posted

She signed the papers Friday. The thing is she won't take action because she wants to reconcile with her husband for fear of losing her oldest son. She wants others to do it for her. The biological father is upset and refuses to take any calls. Chances are he has not signed the papers. She used an agency in Florida who has stated that the paperwork is final and the biological father is the only one who can contest at this point and if he does not sign the papers or respond in a certain amount of time, they finalize the adoption.

Asker

Posted

She signed the papers Friday. The thing is she won't take action because she wants to reconcile with her husband for fear of losing her oldest son. She wants others to do it for her. The biological father is upset and refuses to take any calls. Chances are he has not signed the papers. She used an agency in Florida who has stated that the paperwork is final and the biological father is the only one who can contest at this point and if he does not sign the papers or respond in a certain amount of time, they finalize the adoption.

Asker

Posted

She signed the papers Friday. The thing is she won't take action because she wants to reconcile with her husband for fear of losing her oldest son. She wants others to do it for her. The biological father is upset and refuses to take any calls. Chances are he has not signed the papers. She used an agency in Florida who has stated that the paperwork is final and the biological father is the only one who can contest at this point and if he does not sign the papers or respond in a certain amount of time, they finalize the adoption.

Asker

Posted

She signed the papers Friday. The thing is she won't take action because she wants to reconcile with her husband for fear of losing her oldest son. She wants others to do it for her. The biological father is upset and refuses to take any calls. Chances are he has not signed the papers. She used an agency in Florida who has stated that the paperwork is final and the biological father is the only one who can contest at this point and if he does not sign the papers or respond in a certain amount of time, they finalize the adoption.

Asker

Posted

She signed the papers Friday. The thing is she won't take action because she wants to reconcile with her husband for fear of losing her oldest son. She wants others to do it for her. The biological father is upset and refuses to take any calls. Chances are he has not signed the papers. She used an agency in Florida who has stated that the paperwork is final and the biological father is the only one who can contest at this point and if he does not sign the papers or respond in a certain amount of time, they finalize the adoption.

Elizabeth Rose Berkowitz

Elizabeth Rose Berkowitz

Posted

Why wasn't the biological father placed on notice?? I would recommend one of you contact either myself or an an experienced adoption attorney because there are defnitely some pieces of this puzzle missing. Did she disclose the adoption agency who the biological father was prior to her signing her consents? Was he served with a legal summons? If he was served, at one point during her pregnancy did that happen? You may contact my 24/7 confidential hotline at (877) 777-5070.

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