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shilohblue · Dec 14, 2007, 12:35 PM

I found out yesterday my 16 year old son was legally adopted by his guardian. My question is, is the birth mother supposed to continue to pay child support even after her child has been legally adopted?

N0help4u · Dec 14, 2007, 12:55 PM

I believe only the arrears that might not have been paid up, up to the point of adoption.

Synnen · Dec 14, 2007, 01:01 PM

How did you find out that your son had been adopted without your prior knowledge?

Once a child is legally adopted, birth parent(s) are not responsible for child support--but if this is YOUR child, you would have had to sign away your parental rights as well for the adoption to be legal.

Is there more going on here?

N0help4u · Dec 14, 2007, 01:02 PM

I never signed my rights away and the CPS said that it didn't matter if I did or didn't because he was 14 and I only had to sign if he was under 13.

ScottGem · Dec 14, 2007, 01:23 PM

Originally Posted by N0help4u

I never signed my rights away and the CPS said that it didn't matter if I did or didn't because he was 14 and I only had to sign if he was under 13.

I think you were lied to. An adoption should not be able to proceed unless parental rights were terminated. And for parental rights to be terminated involuntarily requires a ruling that the parent was a danger to the child or that the parent couldn't be located.

To the OP,

I agree with Synnen. The adoption may not be legal if you didn't agree to it. Or it may not have been an adoption. You need to find out more about this.

Fr_Chuck · Dec 14, 2007, 02:46 PM

You were lied to, and could challenge the adoption if you wanted to. YOu would need to be notified, and asked to sign over your rights for them to adopt. If you were served and did not show up in court, they can take your rights away without you, also if they claimed they did not know where you were ( lied) to the court, they can get your rights taken away.

Child support ends at the adoption, but they can still come after any unpaid support ( what you are behind)

They need to supply you the court information.

shilohblue · Dec 14, 2007, 03:23 PM

He's lived with his grandmother for many years. She's been his guardian. It's a loooong story. Anyway, parental rights were terminated ( and I agreed ) in 2004, but had no idea about the adoption until it was already finalized. I'm not objecting it. I believe at almost 17, he should be able to make his own choice about this. I just wondered if I was still required to pay her support after the adoption.

His lawyer is refusing to send me any paperwork or even a copy of the finalized adoption, stating " you have all the info you are entitled to. It's not your concern since you are no longer a mother ". Nice, huh?

ScottGem · Dec 14, 2007, 05:36 PM

His lawyer is right. When you terminated your rights in 2004, you gave up any right to be a part of his life, though you still had a responsibility to provide support. However, that support ended with the adoption. When someone adopts they become the legal parent with all the responsibility that entails.

If you have been paying support you ARE entitled to know the date the adoption became final because that's when you support responsibility ended. If you continued to pay support after that date, then you are entitled to a refund.

s_cianci · Dec 14, 2007, 06:11 PM

If the birth mother relinquished her rights to pave the way for the adoption, then no.

shilohblue · Dec 14, 2007, 06:54 PM

I didn't do it to pave the way. Had no idea it was going to take place.

And yes, your answers did help. Thank you.