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James Pinkerton · Feb 25, 2014, 08:27 AM

I have recently made contact and visited my biological mother, my parents are willing to sign over legal right back over to her, my question is how would we go about doing that? Is it even possible?

stinawords · Feb 25, 2014, 11:34 AM

How old are you? What state are you in (or country if not in the US)? Why were her rights terminated? Parental rights are not easily terminated for good reason. I don't foresee a judge deeming giving you back to a parent who was already deemed incompetent in some way as something that would be in your best interest. So, with out any more information I'm going to say if her rights were terminated (not just a temporary guardianship) then it isn't going to happen.

ScottGem · Feb 25, 2014, 02:41 PM

The logic here is that you were adopted and her rights were terminated as part of the adoption. If that is the case, she has no legal ties to you. She would have to file to adopt you in court. Depending on where you are, why you were adopted and how old you are will depend on the viability of this.

We need more info to answer.

James Pinkerton · Feb 26, 2014, 08:58 AM

Originally Posted by stinawords

How old are you? What state are you in (or country if not in the US)? Why were her rights terminated? Parental rights are not easily terminated for good reason. I don't foresee a judge deeming giving you back to a parent who was already deemed incompetent in some way as something that would be in your best interest. So, with out any more information I'm going to say if her rights were terminated (not just a temporary guardianship) then it isn't going to happen.

I am 17 years old and I live in Marion, Indiana. She had to sign off her rights when she was about 16 because she could no longer take care of my brother and I. My adoptive parents want nothing to do with me anymore, this occurred when I told them that I was bisexual. My adoptive parents want to sign rights back over to her, is this possible?

smoothy · Feb 26, 2014, 09:00 AM

You are going to be a legal adualt in less than a year... who is going to pay for the adoption process which isn't cheap.. and may not complete until after you are 18, when it really doesn't matter?

Meaning as an adult....nobody is obligated to do anythintg adopted or not. And there are really no real advantages either. And the cost and trouble is significant.

ScottGem · Feb 26, 2014, 10:42 AM

I would forget about this if I were you. Your adoptive parents took on the responsibility for you when they signed the adoption papers. They can't "give back" a child because they are unhappy with the way they turned out. They are and will remain responsible for supporting you until you turn 18. I seriously doubt if a court will overturn an adoption because they are unhappy with your sexual orientation.

And once you turn 18 it becomes pretty much a moot point.

stinawords · Feb 26, 2014, 10:44 AM

Just wait until you are 18. Then you are a legal adult. You can move out of your parents house and in with your biological mother or wherever else you want to go (providing you can afford it). The adoption process is long and expensive. If your parents really want nothing to do with you they won't have a problem with you moving out at 18.

James Pinkerton · Mar 6, 2014, 09:37 AM

Originally Posted by stinawords

Just wait until you are 18. Then you are a legal adult. You can move out of your parents house and in with your biological mother or wherever else you want to go (providing you can afford it). The adoption process is long and expensive. If your parents really want nothing to do with you they won't have a problem with you moving out at 18.

Just so all of you know, my parents are giving up complete custody over me to my biological mother and it is official Monday

smoothy · Mar 6, 2014, 09:41 AM

If you were actually adopted... they can't simply do that. It would HAVE to go through the court.

James Pinkerton · Mar 6, 2014, 09:44 AM

Originally Posted by smoothy

If you were actually adopted... they can't simply do that. It would HAVE to go through the court.

Well I don't have to go to court. All it takes is both signatures and the lawyer to get a judge to sign it and then all is finished.

smoothy · Mar 6, 2014, 10:07 AM

Maybe you weren't actually adopted... but they were appointed guardian. Which would be very different. Reversing an adoption is a lengthy and difficult procedure....just like the original adoption.

ScottGem · Mar 6, 2014, 10:23 AM

Originally Posted by James Pinkerton

Well I don't have to go to court. All it takes is both signatures and the lawyer to get a judge to sign it and then all is finished.

Umm, that means going to court. It may not be a formal hearing, but its still going to court. Apparently, the lawyer is friends with a judge who is willing to sign the paperwork. Surprising to me that I judge would do it, but I won't believe it unless I see the signed order.

As smoothy said, you may not have been legally adopted either. But whatever is really happening. Its pretty much moot. as once you are 18, you are on your own anyway.

James Pinkerton · Mar 6, 2014, 10:24 AM

No I was adopted. I saw the court case and the certificate that came with it.

stinawords · Mar 6, 2014, 12:25 PM

Not only am I in Indiana, but my good friend and her husband just adopted a family four children. Everyone was in agreement in that case too but it still took a significant amount of money and MONTHs. It is possible that your lawyer is in tight with the judge to get it pushed through so quickly. That and/or the county you are in has absolutely nothing else going on.