Custody of children is often an emotionally sensitive issue for birth parents and adoptive parents alike. The questions that need to be asked and discussed among adoptive and biological family members are important—and can have rippling ramifications on the child.
For example, newly divorced parents may want a fresh start elsewhere, and wonder how far they can move with joint child custody. If a parent does not have joint child custody, what legal rights does the non-custodial parent have?
When we talk about custody and children, we often only think about the custody of children coming from a parental relationship that broke down. Rarely are the rights of a biological parent to a child that has been adopted ever considered in the birth and adoption process. Such a situation can create a lot of stress and emotional turmoil for everyone involved – the birth mother and father as well as the adoptive mother and father. For that reason, biological parents, the adopting parents, and the adopted child need to know their legal rights before and after adoption.
There are several issues and questions that commonly arise when a biological parent looks to regain custody after an adoption, especially the question “can a biological parent regain custody after adoption?” In all guardianship scenarios, it’s best to seek the assistance of a legal professional and attorney who is experienced in this field to ensure that you know where you stand from the beginning and to keep stress and strain to a minimum throughout the legal process.
Biological Parental Rights After Child Adoption
Up until an adoption is finalized in a legal court, the birth mother and birth father both have legal rights to their child. However, once the adoption is finalized that the legal rights change immediately to the adoptive parents.
After a child is legally adopted, a biological parent no longer has the right to make any decisions for their child, and custody is transferred to the parents who adopted the child. Birth parents also lose any legal rights to visitation or to petition the courts for custody of the child.
Adoptions are meant to provide both the adopted child and adoptive parents with the stability, confidence, and comfort to build a family and family life how they see fit. This is why birth parents lose all parental rights to the child.
However, there is a growing trend of open child adoptions. An open adoption occurs when birth parents make arrangements with the adoptive parents to see their biological child following the adoption. If the adoptive parents do not want an open adoption, they may allow the birth parents to see their adopted child after the adoption process, but are not legally required to do so under the law.
The benefit of an open adoption is that it sets out the visitation terms and conditions in a legal agreement so that all parents involved know what is required of them. Setting boundaries often helps create a more stable environment for the child and help parents understand their legal parental rights after the adoption.
A biological parent who wants an open adoption should seek this legal agreement before the final adoption papers are signed by the adoptive parents.
Can a Finalized Adoption Be Reversed?
An adoption can be reversed, although, it is difficult to do because adoptions are designed to provide children with a stable home life. That said, there are certain circumstances where adoption reversal can happen, allowing the biological mother or father to regain custody, such as:
- the adoption was agreed to by the parents under duress, or
- the adoption was agreed to under fraudulent circumstances.
Even in these adoptive circumstances, it is not always a given that the adoption can be reversed and that the birth parents can regain custody. In some states, the adoption laws impact parental rights and the ability for parents to regain custody. The process can be lengthy and complex for all parents involved.
There can also be situations where the adoptive parents become unwell and cannot care for or are unable to meet the needs of the adopted child. In some of these cases, the adoption can be reversed by the law and biological parents can reclaim the child custody rights.
Adoption and Regaining Custody Rights as Biological Parents
Adoption is a scenario that can work well for all parents and children involved. Couples who cannot conceive naturally can adopt and provide a loving home to a child that cannot be raised by their biological parents. The biological parents can take comfort in the fact that their child will not grow up under the state foster care adoption system.
Regardless, adoption is always emotionally difficult for parents given the high stakes involve. Lawyers experienced in family law can give advice to ensure that birth parent needs and those of the child are met as best as possible during the legal adoption process.