Is an adoption legal in the state of Florida if the birth mother signed papers giving her son to the child's stepmother while under the influence of crack cocaine? My sisiter was told that she would be given back the child once she became clean and sober. The reason the stepmother said she wanted to adopt him was so she would be able to get government assistance for medical expenses and get him some counseling since his older siblings had gone to live with their biological father in another state. Can she have this reversed? My sister had no representation and the stepmother had these papers drawn up through legal aid I believe with no witnesses to the signing.

Your sister needs to consult an attorney, but I think she stands a good chance of getting the adoption overturned assuming this didn't happen too long ago.

However, what will probably happen is the child will be placed in the foster care system. She has no chance of getting any sort of custody until she has been clean for awhile.

If she can PROVE that she was not mentally capable of making that decision, with a lawyer's help she MIGHT be able to get the adoption reversed.

I wouldn't even TRY without a lawyer.

The problem she is going to face is that she is going to have to stand in front of a judge, who's only concern is the welfare of the child, and admit to smoking crack.

Presumably the father and the adoptive mother are married. The child is in custody of a biological parent. Correct?

The mother MAY get the adoption overturned but will still face the fact that she may not even get visitation or if she does, it may be supervised. I would bet money she won't get custody.