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ME82910 · Jan 26, 2011, 05:12 PM

If a parent signed their rights of to another person so the little one could be adopted can the parent that signed their rights off adopt their own child back??

Fr_Chuck · Jan 26, 2011, 05:20 PM

Has the adoption taken place yet ?

Normally no, but you will have to give more info into what type of adoption, age of child and more

J_9 · Jan 26, 2011, 05:20 PM

No, they cannot get their child back. Once rights are signed off and adoption is complete, it is permanent.

cdad · Jan 26, 2011, 05:36 PM

Ok, if Im understanding correctly the adoptive parents want to give up the child?

As the bio parent are you eligible to adopt the child ?

Is that what the question is? Can you please provide more information on the situation ?

We need to know if your trying to reverse the adoption or start a new one.

ME82910 · Jan 26, 2011, 05:39 PM

Yes the adoption took place a while ago but the adopted parent & the biological mother are getting divorced & the daughter wants her dads last name & wants him to have his parental rights back...

ME82910 · Jan 26, 2011, 05:47 PM

There is only one adoptive parent that is the stepfather... The biological mother & the adoptive father are getting divorced & the parent that gave up his rights to the adoptive father is wanting to get his rights back...

ME82910 · Jan 26, 2011, 05:48 PM

The daughter wants her biological dads last name & wants him to have his rights back so we are just trying go figure out if there is a way for him to get them back!!

ScottGem · Jan 26, 2011, 05:52 PM

Unless the adoptive father is agreeable to this it ain't going to happen. Even if he is agreeable, it's a long shot. Relinquish rights for an adoption is permanent. You have no legal standing.

The only possibility I see is you adopting the child and I'm not sure if that will fly. I strongly suggest contacting a local attorney.

P.S. Please don't use the Comments feature for follow-up, Use the Answer options at the bottom of the page instead.

ME82910 · Jan 26, 2011, 05:52 PM

Fr_Chuck: Yes the adoption took place a while ago but the adopted parent & the biological mother are getting divorced & the daughter wants her dads last name & wants him to have his parental rights back...

Califdadof3: There is only one adoptive parent that is the stepfather... The biological mother & the adoptive father are getting divorced & the parent that gave up his rights to the adoptive father is wanting to get his rights back... The daughter wants her biological dads last name & wants him to have his rights back so we are just trying go figure out if there is a way for him to get them back!!

ME82910 · Jan 26, 2011, 05:57 PM

Yea looks like you are right... We are just trying to see if anyone else has been in this position & has any insite on what to do!!

Fr_Chuck · Jan 26, 2011, 06:02 PM

The one big answer I am still looking for, DOES the bio father WANT his rights back and obligation to pay child support

Fr_Chuck · Jan 26, 2011, 06:04 PM

Of course, they can do a name change, ( does not get adoption but does change name)

And the bio mother can just let the bio father visit, even if there is no court order, just can not collect child support, but that is not the issue here, since you say the child wants contact and name.

The adoptive parent will be the one who has to pay the child support and get visits if he wants them

ME82910 · Jan 26, 2011, 06:10 PM

Yes he wants his rights back!! The mother doesn't want him to pay child support...

ME82910 · Jan 26, 2011, 06:20 PM

I knew they could probably do a name change but I didn't know if he could get his rights back... they get to see each other all the time... she comes & stays with us on the weekends...

The adoptive parent isn't allowed near the adopted daughter...

Synnen · Jan 27, 2011, 06:54 AM

I would just like to point out that this is a PERFECT example of why adoption laws are strict.

You need a lawyer for this one. After previously showing a court that it was in the child's best interest to be adopted by the step-father, trying to show that it's now no longer in her best interests simply because of a divorce--well, that's going to be tough.

Kids are not puppies, and you can't transfer the "ownership" of the around every time you're in a new relationship, and go back and forth about it.

AK lawyer · Jan 27, 2011, 08:05 AM

I am wondering why it is that the biological father wants his "rights" back. What rights, exactly, does he think he wants? Right to physical custody, visitation, "legal custody" (to make important decisions regarding the child such as medical treatment, school enrollment, etc.), or what?

He does undestand that with these "rights" comes responsibility, including but not limited to child support?

The only way to do, in effect, "undo" the adoption would be for him to re-adopt the child. But the problem would be persuading the court that such an adoption would be in the best interests of the child. And, depending on which state (if you are in the U.S.) you are in, the law may not allow what would be sort of like a step-parent adoption unless the adoptive parent is married to the child's other parent. Are the (biological/ would-be adoptive) father and the mother prepared to marry each other?