vacate / annulment of adoption

Latest post Wed, Sep 3 2014 6:40 AM by psdesertmom. 34 replies.
  • Wed, Apr 6 2011 12:23 PM In reply to

    • LynnM
      Lawyer
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    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: vacate / annulment of adoption

    What difference would it make? You have no obligation to your adopted parent and if you and your birth parent want a relationship, no one is stopping you.

  • Wed, Apr 6 2011 8:15 PM In reply to

    • RL76765
      Consumer
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    • Joined on Wed, Aug 4 2010
    • CA
    • Posts 5

    Re: vacate / annulment of adoption

    Wish you the best of luck in your quest, this forum has given some good starting points for me as well.  I am finding that it is highly likely that it will require the assistance of a family law lawyer.  Although this can be expensive you may be able to consult one who you might be able to help you while you assist in doing some of the leg work which may reduce the cost some. 

    It's nice to see some helpfull comments indeed, hopefully you'll find more information regarding this topiic in your state

     

  • Wed, Apr 6 2011 8:42 PM In reply to


    Re: vacate / annulment of adoption

    RL76765:

    Is it possible to vacate / annul an adoption?

    No.  Adoptions are permanent.  BUT you are an adult.  CA does allow for adult adoptions.  So if your bio dad is willing, he can adopt you and become your legal father.  No ones consent but yours and his is required.  Consult local counsel. 

  • Thu, Apr 7 2011 4:47 AM In reply to

    Re: vacate / annulment of adoption

    Rocktosh:
    That's not always true. In some cases adoptions can be vacated. They are not always permanent.

    If you are referring to some provisions in the CA Family Codes that pertain to Indian Tribes, and the adoption process, it seems you might be correct.  Otherwise; the CA Codes [from my interpretation] seem to support the information offerered by Gemini47.

    Excerpt from: California Family Code 9102. (Bold lettering added to highlight key points)
    9102.  (a) An action or proceeding of any kind to vacate, set aside,
    or otherwise nullify an order of adoption on any ground, except
    fraud, shall be commenced within one year after entry of the order.
    
    
           (b) An action or proceeding of any kind to vacate, set aside, or
    nullify an order of adoption, based on fraud, shall be commenced
    within three years after entry of the order.

    Source: CA Codes (fam: 9100 -9102)

     

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Thu, Apr 7 2011 10:51 AM In reply to

    Re: vacate / annulment of adoption

    mfelmet:
    How is an adopted child to bring an action to vacate, set aside, or nullify an order of adoption possible, based upon fraud, given that there is only a 3 year window of opportunity?

    I beleive you may have answered your own question.

    mfelmet:
    What constitutes 'fraud' as it pertains to adoption?

    My guess is falsified documents, or information.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Thu, Apr 7 2011 9:23 PM In reply to

    • caharkins
      Consumer
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    • Joined on Wed, Apr 6 2011
    • GA
    • Posts 2

    Re: vacate / annulment of adoption

    My most heartfelt thanks to everyone that has responded. I appreciate all input and I'm glad to find a forum that shows me that i'm not alone. Specifically to LynnM, while I appreciate your comment and respect your position as an attorney, it is clear from your tone that you have never been put in this type of situation. I'm sure that people here can attest to the emotional (and sometimes physical) scars that an unwanted adoption can place on a child. Those are difficult to heal and I can testify to that. You are left with a feeling of not knowing who you really are. This is something that is more important than a simple name change. If it was that easy for me, I'd have done that years ago. Irregardless, thanks to all for your input. I'm looking for specific info for Georgia, but I appreciate that legal definition for California.

  • Fri, Apr 8 2011 12:40 AM In reply to

    Re: vacate / annulment of adoption

    caharkins:
    I'm looking for specific info for Georgia, but I appreciate that legal definition for California.

    I'm not sure what specifically you want know; however you can start your research of the 2010 Georgia Code Title 19 Domestic Relations - Chapter 8 Adoption,  Article 1 "General Provisions". 

    Click on this link: http://law.justia.com/codes/georgia/2010/title-19/chapter-8/article-1/

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • Wed, Apr 27 2011 5:38 PM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,797

    Re: vacate / annulment of adoption

    The parties can't vacate an adoption.  The birth parent can file to adopt the adult, if state law allows it.

  • Wed, Apr 27 2011 8:19 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: vacate / annulment of adoption

    Any subsequent adoption would take precedence over the prior adoption. So if birth parent adopts adult child, adopted parent is technically no longer the parent.

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