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    davis74's Avatar
    davis74 Posts: 3, Reputation: 1
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    #1

    Feb 20, 2011, 04:07 PM
    Biological parent wants child back.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Feb 20, 2011, 04:16 PM

    Adoption is usually considered permanent unless the bio parent can prove coercion.

    Could you please provide more information into your situation?
    davis74's Avatar
    davis74 Posts: 3, Reputation: 1
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    #3

    Feb 20, 2011, 04:16 PM
    If parent lost custody of their bio child can the Mother get adopted child back?
    If a parent lost custody of their biological child through the state of Oregon and the child was adopted by a relative, can the biological Mother get the child back?6 years ago, my husband and I adopted my husbands second cousin. His first cousin, the mother of the child we adopted lost her daughter to the state due to drug use and abuse.The daughter was placed in our home as a foster child and we eventually adopted her. Now the mother is clean (2yrs clean) and wants the child to live with her again. Is this something that legally can happen? The child wants to go live with her real Mom.
    davis74's Avatar
    davis74 Posts: 3, Reputation: 1
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    #4

    Feb 20, 2011, 04:39 PM
    The state revoked the Moms rights to one of her daughters but not to all of her children. Only one was legally adopted. She now wants the adopted daughter living with her. The mom is drug free and has become a productive part of society. Can she legally get her daughter back even though she has been adopted? Can the family let the child live with the bio Mom?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 20, 2011, 04:46 PM

    Most likely not. As noted adoption is generally final. However, if the adoption was by a family member something may be worked out.

    Bottom line is the mother NEEDS an attorney.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Feb 20, 2011, 06:24 PM
    Quote Originally Posted by davis74 View Post
    ... Is this something that legally can happen? The child wants to go live with her real Mom.
    In theory, I guess the child could be adopted by her bio-mom, if you and your husband agree.

    But that would be a long-shot. The court is likely to look at it this way: the child is not mature enough to make such a decision and the bio-mom's 2 years of alleged drug-freedom, while commendable, is not enough to un-adopt the child.

    The child has two parents and, presumbably, a stable home. Let's keep it that way.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Feb 20, 2011, 06:27 PM
    Quote Originally Posted by davis74 View Post
    ...Can she legally get her daughter back even though she has been adopted? ...
    No. Adoption isn't the same as foster care.

    Quote Originally Posted by davis74 View Post
    ... Can the family let the child live with the bio Mom?
    Sure
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Feb 20, 2011, 06:37 PM

    I've merged your threads. Please don't start multiple threads for the same question. If you have follow-up questions or info please use the Answer options to add to this thread.

    It is unlikely that a court will overturn the adoption.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Feb 20, 2011, 07:52 PM

    Most likely there is little they can do, they can of course try to file motions in court and you may need to hire an attorney to try and get it dismissed or fight it. But after this number of years, with an adoption, there is little chance
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #10

    Feb 20, 2011, 08:27 PM

    The court may grant a motion to open or set aside a judgment terminating parental rights pursuant to common law or may grant a petition for a new trial on the issue of the termination of parental rights, provided the court shall consider the best interest of the child, except that no such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such motion or petition.
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