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Can an adult who was adopted sue their adopted parents for mental anguish by abandonment and they never relinquished the rights

Brooklyn, NY |

I was adopted at the age of four after being abused by my birth parents. Years later at the age of 10 I was left in a foster care facility by my adopted mother and I was promised by her that she would return for me; I never seen her again. During my time in the facility she did write letters to check on me and then one day the letters stopped coming then she tried to relinquish their rights.
By age twelve I was force to live in a group home because that is where the kids who were not adoptable were sent. I am now in my 40's and I suffer from mental illness due to the abusive survival life I had to endure. BPD was the result of their abandonment as well as other mental health issues. The life that I've lived was not what what my bio mom thought I would have when she gave me up to them.

Attorney Answers 3


You'd be better served by focusing on your mental health treatment reather than lawsuits against your adoptive parents. There are good parents and bad parents---whether they be biological or adoptive. It is unfortunate than, after your biological mother was unable to care for you, you ended up with adoptive parents who were not really cut out for the job. I don't see any theory under which you would be able to sue (based on the scenario you present). Move forward and focus on what you need to make your life better from here forward.

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I have taken care of my mental health. it's been a while so I am obviously not in anguish anymore I am just curious. I have moved on and I am quite successful and I have a family of my own and etc. I just wanted to know if there was a statute of limitations based off of my story (unfortunately the amount of space they give you is not enough to go into more details). And my mother was tricked into giving me up for adoption. I was taken away by CPS she thought I was just going into foster care until she was able to be a better mother. Only to find out when she got her act together it was too late the state put me up for adoption. I do not need anyone commenting on my mental state now (that was not the point of this question) like I said this was written based purely off of the past. So please do not answer if you cannot answer the legal part of this question I don't need a therapist I can easily find one of those in person; I need lawyer advice. I have moved on so please hold all judgments and just answer the question. I think if there was an adopted family who takes in a child who stemmed from the roots of abuse and they continued the abuse once they adopted thar child then kept them for six years and then just dump them like yesterdays trash there should be some accountability don't you think? Thank you

Ralph Duthely

Ralph Duthely


Sorry if I sounded judgmental. I don't mean to be. I don't think there is a cause of action for a lawsuit. There are attorneys who routinely handle suits against CPS. They might be better able to advise you as to whether you have grounds for a lawsuit.


I do not see any basis in law for you to be able to sue your adoptive parents. Even if there were something you could sue about, it would be far too late now. I agree with the previous writer. Let go of your desire to sue. You don't need a court judgment to validate your poor treatment as a child. Work with your counselor to focus on your own well being for the future.

This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising. This answer should not supplant advice received from any attorney the questioner may have or obtain, as that attorney will be able to provide more thorough and informed advice.

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I cannot see under any theory of law that comes to mind that would still allow an action which would survive a motion to dismiss based upon untimeliness. The statute of limitations would expire at most 3 years after you reached 18 years of age, plus any period of incapacity. Other statutes of limitation applicable are even shorter. So without even trying to fashion a theory of recovery, I think you are time barred, but you should consult with a personal injury attorney who can advise you more particularly.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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