vacate / annulment of adoption

Latest post 09-03-2014 6:40 AM by psdesertmom. 34 replies.
  • 08-04-2010 3:03 PM

    • RL76765
      Consumer
    • Not Ranked
    • Joined on 08-04-2010
    • CA
    • Posts 5

    vacate / annulment of adoption

    Is it possible to vacate / annul an adoption?

    background: I was adopted as a child and am now an adult.  My Biological mother re-married and her husband adopted my sister and self.  My mother had divorced the adoptive father many years ago and she has since deceased.  My biological father is still living and agrees to my desire to vacate / annul the adoption.

    I have no contact with the adoptive father, (though can locate) and the main reason i wish to do this is that i was abused by this person and do not wish to carry this persons name.

     

     

  • 08-04-2010 3:07 PM In reply to

    Re: vacate / annulment of adoption

    You can't vacate the adoption, but it might be possible for your biological father to adopt you (some states don't allow adult adoption).

    Might be easier to just change your name.

  • 08-04-2010 5:57 PM In reply to

    Re: vacate / annulment of adoption

    Then change you name.

    I know of no procedure you annul an adoption. You are an adult, you have no obligation to have any contact with him.

  • 08-05-2010 2:01 PM In reply to

    Re: vacate / annulment of adoption

    A new adoption is the vehicle to accomplish this.  You likely have to give notice to legal father but in most all states he couldn't really challenge it because you are an adult and almost all your legal ties to him have terminated.

  • 10-03-2010 10:45 AM In reply to

    Re: vacate / annulment of adoption

    I am in the SAME situation as you are. I found out that it IS possible to vacate the adoption. It was all done in the state of WA, and then we moved when I was 14 to another state. While I was vacationing in WA, I was able to get some information about vacating the adoption. First of all you need to go to the County Clerk's office in county that you were adopted in. If for some reason you don't know that information, you can always still try, or they might be able to look at where the adoption took place for you. 

     

    Once there, you need to get a packet "Motion to Break Seal" ALL that is doing is getting a court order to break the seal on your adoption papers. Adoption and Medical papers are always sealed. The county clerk will help you with the steps to break the seal. The initial packet cost me $5. Fill it out, and state the reason. My reason that I had put was to change the father's name on the birth certificate back to my biological father's name. Yours would most likely just say to vacate adoption. A judge will need to sign it. The whole process for me only took 2 hours total. Once you have the judge's signature, they will direct you to another place and you make copies of the court order and turn it in to someone in the records/county clerk. They will give you a certified copy of your adoption papers once this process is all done.

    Some steps will be different depending on where you are living. This doesn't take a lawyer, and is fairly simple to do, you just need someone to direct you in where to go.

     

    Now onto the big part. I have a paper letting me know how to vacate the adoption. I got it from the Department of Health for Health Statistics. AKA Vital Records office. I had to go to the MAIN one which was at the state capital. 

    The paper says. 

    VACATING OR SETTING ASIDE AN ADOPTION

    The Following is the procedure the Department of Health has followed to vacate or set aside an adoption, and put the Original Birth Certificate back on file.

     

    1. Department of Health requires a certified copy of a court order from the Superior Court that granted the original adoption decree. The court order must order our Department of Health to vacate and set aside the adoption and order the Original Birth Certificate be put back on file. 

     

    The court order must contain the following information so our office can locate the file. 

    a. Adoptive Name

    b. Date of birth

    c. Place of birth

    d. Adoptive mom's fill maiden name

    e. Adoptive dad's name

     

    The fee to process this request is $35.00, which includes issuing 1 certified copy of the birth certificate once it is put back on file. (Washington State prices, so it may be vary depending on the state you live in) Please make a check or money order payable to Department of Health.

     

    2. If the court of adoption can not be determined, the adoptee can send a request to our office requesting the location and case/cause number of the adoption. The request must state (I am an adoptee born in Washington State and I am requesting the location and case/cause number of my adoption). The request must list the following information;

    a. Adoptive Name

    b. Date of birth

    c. Place of birth

    d. Adoptive mom's fill maiden name

    e. Adoptive dad's name

    f. Current name

    g. Return mailing address 

    h. Daytime phone number

    i. Copy of current State ID or Driver's License

     

    The fee is $15.00 to open and review the sealed file. This information will allow the petitioner to petition the Superior Court where the adoption occurred to have the adoption vacated or set aside. Please make check or money order payable to Department of Health. 

    Our Mailing address is Department of Health/CHS, Attn: Adoptions, PO Box 9709, Olympia, WA 98507-9709.

    If you have any questions regarding this procedure please contact Tami Jones @ (360) 236-4334.

     

     

    I hope this helps you in going in the right direction to vacating the adoption. l am still in the process of completing mine. So first break the seal on your adoption papers, and obtain a CERTIFIED COPY of your adoption papers. That will help you out in the long run. I was entitled to 1 certified copy. I was also told that I will have to have a hearing in front of a judge to see if my case was worth hearing in court. That would be the 2nd step according to the county clerk's office. The 3rd, would be to go to civil court and obtain a court order to vacate the adoption. Then to go to the Department of Health (main branch and/or only branch to make changes on birth certificates) and show them all the paper work or just the court order to reestablish your original birth certificate. Once that whole process is complete, then the adoption is FULLY vacated. It is still somewhat confusing for me, and I have done ALL of this without the help of a lawyer. Since it is a civil case matter, you shouldn't need a lawyer. Remember all of this had taken place when you were a minor, and you are able to vacate the adoption. It is just sort of a pain in the neck process to do, since not too many people are aware of how it is done.  

     

    FYI, changing your name does NOTHING but simply change your name legally. Legally your biological father the rest of his side of the family ARE NOT family to you in the court's eyes. If you are not married, and something happens to you, your step father has final say in matters concerning you, since your mother is deceased. In the court's eyes, your step father is your "natural father", and thus has ALL the rights granted to him as if he was your biological father. 

  • 10-04-2010 5:29 PM In reply to

    • RL76765
      Consumer
    • Not Ranked
    • Joined on 08-04-2010
    • CA
    • Posts 5

    Re: vacate / annulment of adoption

    wow, thank you so much for the infromation ! Hope all goes well with your case.

  • 01-05-2011 8:21 AM In reply to

    Re: vacate / annulment of adoption

    I have about the same situation only with my step-mother.  I want to take her name off of my original birth certificate and replace it with my birth mother's name.  I also want to vacate the adoption by my stgep-mother.  She too abused me.  What was your compelling argument to persuade the Judge to grant your petition?

     

    Thanks

     

    Major John

  • 01-06-2011 11:16 PM In reply to

    My argument

    Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4

    Honestly I didn’t say much to the judge, she just read what I had put in the document, and she asked me to clarify what it was that I wanted.  I still have to go back up to WA and schedule a hearing to see if a judge will even listen to my case about vacating the adoption.

    My argument is that I have no contact with him or his family. Never have I associated myself as being a part of his family, or viewing them as if they are my family. I grew up knowing and being quite close with both of my biological mother and father’s families. The adoption took place while I was still a minor and unable to legally make decisions for myself. My view on what transpired while a minor was something I have always resented and never wanted. A huge part of the reason for resenting it without going into too much detail, my mother would use the fact that according to the law, legally I was not related to my father’s side of the family. Thus, she could control and manipulate any sort of communication with them, which she used to her advantage more often than not. I am not sure if the judge will accept those answers, but in my opinion it wouldn’t hurt to seek legal advice on the proper argument to vacate the adoption.

     I was also told that it helps and looks better in the eyes of the court, if I have my biological father supporting me in the process. I don’t know the relationship you have with you birth mother, but if she is willing to assist, it could help. Good luck with vacating your adoption! Please reply in this forum what problems and successes you ran into, if any, during the process. Perhaps your experiences can help me and others that want to do the same thing.

  • 03-08-2011 5:40 PM In reply to

    • sja211
      Consumer
    • Not Ranked
    • Joined on 03-08-2011
    • WA
    • Posts 1

    Re: vacate / annulment of adoption

    I'm also in Washington state. My case is a little different. I was adopted by my mother's 3rd husband as a child. He subsequently molested me from age 7-14. My mother divorced him approx 9 yrs after the marriage and had her name and all our names legally changed back to her maiden name. However, she apparently never got a court order to correct the birth certs. It wasn't until 2 yrs ago when I got my passport and needed my birth cert that I discovered he was still listed as my "birth" father! Everyone associated with this case is long since deceased. My mother died in 2004, my natural father died in the early 1990's, my adopted stepfather died approx 20 yrs ago, all my grandparents are long deceased. No one left to either dispute or confirm the truth of my real father. I do have letters and photos indicating that he is my biological father, including a ltr from him to his mother before I was born about my mother's pregnancy and that it's his child. He assumed I was a boy, which I am not.

    My mother divorced my birth father when she was 5 mos pregnant with me and married her high school sweetheart 2 weeks before I was born so that he would be listed on my birth cert. She subsequently divorced him and then remarried him later, only to divorce him again. She married yet another man (my adopted stepfather who abused me) when I was about age 7, which is when the molestation started and it went on for 7 more yrs.

    So I am trying to not only vacate the adoption but to also have my birth cert corrected to show my natural biological father's name.  I do not want my original birth cert refiled. The Dept of Health says I need to vacate the adoption, then file for paternity showing my biological father (hard to do when everyone now dead), and then petition the court for the name change to correct my  birth cert. I'm just getting started in all this.

  • 03-11-2011 11:16 AM In reply to

    • den1119
      Consumer
    • Not Ranked
    • Joined on 03-11-2011
    • TX
    • Posts 1

    Re: vacate / annulment of adoption

    THANK YOU for the valuable direction you provide... I am also just starting this process. My adoption took place overseas and my goal is also to reverse, nullify, dissolve, or vacate the adoption, in addition to restoring my birth name on my German birth certifiacte.

     

  • 03-11-2011 2:59 PM In reply to

    Re: vacate / annulment of adoption

    I wish you luck, but wonder if you have consulted an attorney?  If you were adopted in another country and your original birth certificate was from Germany, you may be bound by the laws of the country in which you were adopted and German laws about your birth certificate.

  • 03-27-2011 8:33 AM In reply to

    • Mz. J
      Consumer
    • Not Ranked
    • Joined on 03-27-2011
    • WA
    • Posts 1

    Re: vacate / annulment of adoption

    I just wanted to say thanks to those who posted... I'm on the other side of the fence. Do to some bad choices that my husband and I made, my mom put my son and daughter into the DCFS system. After the 2 years of fighting for them, it ended up that my father-in-law and his wife(#4) adopted my kids is 2005. My son turned 18 last year, it wasn't but a couple weeks and he was back home with me and dad. We are from WA but reside in IL for now, till my daughter comes of age. The happiest thing is when my son came to me and asked if there was a way to put me/dad back on his birthcertificate. My son said 'your my mom and dad not them, there is no reason to have there names on his record' The Health Services Consultant in Olympia was a great help, when I sent for copys of 'original' certificates I was also given the case number and county that the adoption was finalized... So now I have an idea of what this is going to intail... This week we will be making a trip to the court house... When my daughter come of age this will be SO much eaiser.... Thanks again...

  • 04-06-2011 11:32 AM In reply to

    • caharkins
      Consumer
    • Not Ranked
    • Joined on 04-06-2011
    • GA
    • Posts 2

    Re: vacate / annulment of adoption

    Thanks to all for this information. I am in the same situation, 44 years old now, adopted by my stepfather at 8 years old. I have no contact with him, but have always been close to my birth father's family (especially my grandmother, whom I still call every week). I live in Georgia and my adoption happened here. I wonder if anyone has any suggestions that could apply in this state? I have come to a point where I want to vacate this as well. Can anyone help?

Page 1 of 3 (35 items) 1 2 3 Next > | RSS

My Community

Community Membership New Users: Search Community