On what grounds may an adoption be challenged?

Aug 13, 16 On what grounds may an adoption be challenged?

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All adoptions are not successful and therefore courts provide protection for both the natural and adoptive parents. Since adoption is a state issue, all states have different laws regarding adoption and challenging adoptions. Here are instances that an adoption can be challenged.

Protections for the natural parent – Natural parents are allowed to challenge an adoption after it has been finalized. In most cases, this occurs when the natural father is overlooked during adoption proceedings. In this case, courts will request a genetic test to verify the relationship if the parent is not mentioned in the birth certificate. In other cases, natural parents can challenge the adoption on grounds that the adoption was obtained as a result of coercion, duress, or fraud.

Protections for the adoptive parent – The adoptive parents can also challenge the adoption on grounds of fraud. For example when the adoptive parents want to relieve their responsibility of the adoptive child, due to one parent being seriously ill or is mentally disturbed. Adoptive parents can also challenge the adoption if they find that the adopted child is ill or shows behaviors that should have been reported to them prior to the adoption.

Time limitations – There is, however, a time limitation on adoption challenges, which is most often 1 year. Therefore, if you intend to challenge your adoption, it is best to contact an adoption lawyer immediately. Most adoption challenges are complex and will require a specialized adoption lawyer specific to your state.