Have you ever heard of a parent getting their child back after relinquishment?

Camira B

For some reason, I can not find all the links I had now. I have a few though.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mn&vol=apppub9608c896455&invol=1
A father got his child back because he was falsely led to believe that open adoptions are enforceable, even by the judge, and his consent was given in court, but not in writing as required by the State's laws.

http://www.adoptionchildwelfarelaw.org/document_detail.php?id=1272
A mother got her child back after the court found she'd been unduely influenced into signing relinquishment docs.

In the Matter of Aja Juan Hayes, A Minor Child (970304; CA A100393)
I can't find the link, but a woman who signed OR consents in another state was given her child back because the consents were not explained to her by an independent attorney. The court decided OR law applies to the consents, even though they were signed in another state.

I haven't generally seen a lot of cases. Most of the cases where a child is returned is because of some time of fraud or coercion, a lack of understanding about consequences of signing, etc. I've yet to find anything about where a change of mind alone is enough.

In this case, a child was returned for failure to follow the procedure requirements is procuring the consents.

Strictly construed in favor of the natural parent, the adoption is not valid for failure to follow the clear mandate of the controlling statutes. The adoption decree is accordingly vacated, and the child Regina Mae Jones is ordered returned to her natural mother, Sharon Kay Morgan.ADOPTION OF JONES1976 OK CIV APP 49558 P.2d 422

Conversely, if you look at Kansas, there are cases of obvious fraud, coercion, etc in which children were not given back.
http://www.uktrackers.co.uk/ti_fact_27.htm

What I did find interesting though, is that the courts always address Best Interests. Some quotes.
â€œSmall , 20 Or App at 14. Avoluntary adoption between private individuals should not be transformed into theoccasion for a court to pick between competing home environments and to award custodyto whoever might provide the child a more "acceptable" economic or emotionalenvironment. See id. (discussing the limitations of the "best interests" rule as discussed in Dugger )â€

It is well established that the best interests of the child will not provide an independent basis to license State action to remove a child from a parent's custody without an adjudication determining parental neglect or unfitness. (Culkin v. Culkin (1975), 30 Ill. App. 3d 1073, 333 N.E.2d 698.) As such, a child's best interests cannot be addressed unless a parent is first determined to be unfit. As our Supreme Court stated in In re Adoption of Syck (1990), 138 Ill. 2d 255, 276-77, 562 N.E.2d 174, 149 Ill. Dec. 710,

See In re N., 96 N.J. Super. 415, 421-423 (App. Div. 1967) which was cited in In re Adoption of Children by D., supra, 61 N.J. at 93, for its statement that "The child's relationship with the parent is of such significance that all doubts are to be resolved against its destruction" 96 N.J. Super. at 425.

The right to direct the up-bringing of one's children "is one of the most basic of all civil liberties." Flores v. Flores, 598 P.2d 893, 895 (Alaska 1979). The right to the care, custody, companionship, and control of one's children "undeniably warrants deference and, absent a powerful countervailing interest, protection." Lassiter v. Dept. of Social Serv., 452 U.S. 18, 27, 101 S.Ct. 2153, 2159-60, 68 L.Ed.2d 640 (1981) (quoting Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 1212-13, 31 L.Ed.2d 551 (1972)).

For that reason, there is a presumption that a child's interests will be best served in the care of the natural parent. Sider v. Sider, 334 Md. 512, 530, 639 A.2d 1076 (1994); In re Adoption/Guardianship No. A91-71A, 334 Md. at 560; Ross v. Pick, 199 Md. 341, 351, 86 A.2d 463 (1952). "The justification for this presumption is the belief that the parent's natural affection for the child creates a greater desire and effort to properly care for and rear the child that would exist in an individual not so related." In re Adoption/Guardianship No. A91-71A, 334 Md. 538, 560, 640 A.2d 1085 (1994) (citing Melton v. Connolly, 219 Md. 184, 188, 148 A.2d 387 (1959)). See Lloyd v. Schutes, 24 Md. App. 515, 522, 332 A.2d 338 (1975).

â€¦ there is a 'sanctity in the union of a parent and child that transcends economics and deserves the utmost respect.'" Siciliano v. Capitol City Shows, Inc., 124 N.H. 719, 475 A.2d 19 (1984) (Douglas, J., dissenting) (quoting Plante v. Engel, 124 N.H. 213, 216-17, 469 A.2d 1299, 1301 (1983)); see In re Jessica B., 121 N.H. 291, 429 A.2d 320 (1981).

sizesmith

My adopted son's mom placed his sister with us, then after 3 days changed her mind. At that age, "C" didn't realize what was going on, and doesn't have adjustment problems.

It broke my heart in one way, and in another, it made me proud of their first mom, because if it hadn't been for me, she wouldn't have had the confidence to stop the relinquishment, and move forward as a parent.

Now, I wish I hadn't, because the baby is in foster care. :(

furfur

I don't have any websites, but while I was waiting for our daughter to be placed with us, another couple had custody of an infant whose first mom changed her mind and got her baby back. The adoptive mom gave back with grace, but she was absolutely devestated.

wynn

Well...this may count as an example. My son's mother asked me to adopt two more of her children. Since I'd been sending them money for years, I thought it would unethical to adopt those children (this is international). She insisted her new husband wouldn't allow the boys to live with them, so she gave me guardianship and I arranged for them to be fostered by a family I know there. One of the boys died in his home before ever getting into the care of the foster family.

The other boy, though, got started at school and seemed to be doing well. His mother came and asked for him back and I waived the guardianship agreement. So I did let her have custody back without asking any questions. Unfortunately, she then cut off contact with us. I'm told by our go-between that the grandmother later told him the stepfather sold our son's brother to be farm labor.

Mei-Ling

Yes.

There was one case over a Chinese adoption... the girl was born prematurely and her parents couldn't afford the hospital bills.

So the APs volunteered to do guardianship until the parents laboured enough to pay the expenses, and they signed a contract saying they'd give the girl back.

The thing is, NO ONE thought it would took the parents EIGHT YEARS.

The girl ended up being in a horrible custody battle like a ping-pong ball, and ultimately ended up going back to China with monthly visits from her APs. I think she was sent to boarding school.

She can't communicate with her peers - only the ones that speak English, and she says the language is really hard to understand.

Her entire world has been turned upside-down.

Randy B

I'm not aware of any instance where they have been able to when the adoption was done correctly. I guess thats where dotting the "i's" and crossing the "t's" comes in handy. If it's not done right I'm sure there have been cases but I'm not aware of any.

monkeykitty83

There were a few well-publicized cases:

"Baby Jessica" http://en.wikipedia.org/wiki/Baby_Jessica_case

"Baby Richard" http://en.wikipedia.org/wiki/Baby_Richard_case

Anna Mae He http://en.wikipedia.org/wiki/Anna_Mae_He_affair

In all of these cases, proper legal procedures weren't followed. (In two of them, the biological fathers were not notified or properly TPRed.)

As far as I know there haven't been publicized cases of parents revoking during the TPR revocation period. However, I would point out that this would not necessarily lead to a legal battle unless the other side contested it. Not hearing it publicized doesn't mean it isn't happening-- since unless the would-be adoptive parents or agency fought it, there would be nothing to publicize.

I did read an online account of a woman who changed her mind within the revocation period and brought her baby home. But I have no way to prove it was true, and I don't remember where I read it, so I doubt I could even find it again.

You may be hard pressed to find anything tangible in cases that weren't contested, because they wouldn't have been reported. You'd need to know the people to know that it happened.

retox

In the UK, once a child has been adopted, it will not be given back to the natural parent/s. There have been cases where parents have been suspected of child abuse, their children taking into care and adopted and then the parents being found not guilty of the charge - they don't get their kids back.

gibberish

Oh yes I have and it was a tragedy for the child who had bonded with her mother.

SJM

Yes. Here are two links to the Baby Jessica case.

http://www.newsweek.com/id/116442

http://law.gsu.edu/ccunningham/PR/JessicaUpdates.htm

Laurel J

For the record, Anna Mae He was NEVER relinquished. She was therefore never legally adopted. Her parents asked the Bakers to take care of her until they were on their feet and the Bakers decided they wanted to keep her. I think this is true in the vast majority of the cases we hear painted as "Evil fickle 'birth mother' changed her evil fickle mind three years later" in the media.

Sly

Actually, I don't believe that either Baby Jessica or Baby Richard were ever actually adopted. They were doing the stall tactic and dragging their feet to garner sympathy thru the press. It didn't work, both children were returned to their rightful families, and both are doing well, I believe.

I know that one of the adopted children (a little boy, I believe) that was in the same home as Lisa Steinburg was returned to his natural mother after Lisa's murder. There have been others, but you don't hear much about them, and usually the adoptions are either not completed (which makes them NOT adoptive parents but PAPs) or the process was circumvented and the adoption overturned because of such serious flaws that they couldn't be overlooked.

MamaKate

Dear Gaia,

There have been some:

Mei-Ling mentioned Anna Mae He ------> http://en.wikipedia.org/wiki/Anna_Mae_He_affair

The Baby Jessica Case -----> http://en.wikipedia.org/wiki/Baby_Jessica_case

The Baby Richard Case -----> http://en.wikipedia.org/wiki/Baby_Richard_case

Other Cases:
http://www.ucc.ie/law/irishlaw/blogger/2006/11/adoption-case-in-supreme-court.html
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0608bfd9dd43a110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0608bfd9dd43a110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0608bfd9dd43a110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
http://www.americanadoptions.com/adoption/article_browse?court_case=1&state=IL
http://www.venturacountystar.com/news/2008/dec/24/mother-files-legal-appeal-to-have-her-child/?partner=yahoo_headlines
http://www.kanialaw.com/baby-boy-k-COCA-opinion.htm

There are many more. It just isn't reported on much because it gives the Adoption Industry a headache. Google "returned to birthparents" or "adoption custody battle" and you'll find tons. Especially through services such as Lexus or FindLaw - they usually have Court Summaries of the cases and legal opinion. Very interesting reading...

And there was a very recent case which was featured on Yahoo News a few weeks ago but I can't find the link now.

â™¥â™¥Ritaâ™¥â™¥

Yes, I have. It is rare but it has happened. Usually it is a non involved parent whose rights were terminated and a while later (years even) that parent comes forth, the child is still in state custody and then the parent's rights are reinstated. I am unaware of any cases where a reinstatement took place with n/parents AFTER an adoption but in my line of work...nothing is impossible if there are people who are willing to look into it and step out of the comfort zone and try.

I could be dead wrong but if anyone remembers that little girl who was adopted by Joel Steinburg (sp?) and Netta Hessbaum (or Hetta Nessbaum) in New York years ago and then was beaten and neglected to the point she died.....she had a little brother who was adopted after she was and if my memory serves me correctly, when the sh!t hit the proverbial fan.....the n/mom came back and got the little boy back or was at least brought in to the limelight. This was a very high profile case and the two adoptions were the product of Joel's very unethical attorney practice.

Here is a wikipedia link. Half way down there is reference to the little boy being reunited with his n/mother, but I am not sure if an adoption really took place since it appears this terrible man never legally adopted the little girl he was convicted of killing.

http://en.wikipedia.org/wiki/Joel_Steinberg

Now after all of that.....I am not sure about links or resources but parental rights have been reinstated on a few cases that I am aware of where I am from.

ETA;

Not sure why the thumb appeared down there but this has happened...witnessed it myself....someone must think I am "lying".....like there is nothing better to do.

IDK!!

No link, but a woman i work with and her son found out that his ex GF had left the state to give birth and place her baby for adoption. It was a private adoption (which means that the child is NOT in the custody of the agency and until finalization, anything can happen) .

The woman from work and her son filed for custody. At first the people raising the baby were going to fight, but the day before (or the day of I don't remember) the court date, they handed over. The baby was 6-9 months old. They are very happy to have the child home.

Crucio

I believe Randy is right in most cases if its done correctly (both biological parents have consent to the adoption and given up their rights) and the reclaim period has passed its very unlikely that the natural parents can get the child back.

In the baby Jessica case let it be noted that her biological father did not give up his rights, in fact he didnâ€™t even know about her until after she was placed for adoption. Jessicaâ€™s (Anna) mother placed her for adoption with out consenting the father or letting him know she was pregnant. When she later changed her mind which was probably after her reclaim period she went to the father and informed him about the baby. It was her biofather who ended up getting custody of her. The baby Richard case is the same biofather did not give up his rights or consent to the adoption.

In the case of Anna Mae the situation mentioned by Mei-Ling. Anna-Mae was never legally adopted by the Bakers. They were only going to foster her for 3months but because life wasnâ€™t going up her for them (natural parents) and they had no way of being able to afford to send Anna-Mae to China to stay with some of her relatives over there they let the Bakers remain Anna-Maeâ€™s foster parents. So even though the Barkers attempted and tried to adopt Anna-Mae they never legally adopted her.

kitta

It depends on the agency. Some will simply return the child. If the parent asks for the child to be returned during the revocation period, and the agency follows the law, there is no reason for this to be drawn-out nor publicized.

So, trying to find a record of "returns' would be difficult.

Contested cases will be recorded in court files, but unless they are high profile, they are not so easy to find. Other posters have listed some of the well-known cases.

Many mothers have tried to recover children who were placed in temporary cradle care. This was offered as a option to them, and was supposed to be a legitimate option.But, agencies sometimes used it to "prove abandonment". During the BSE, the mothers would usually lose.

But later on sometimes the mothers won, and sometimes they lost.

This sounds like what the Bakers did to the He family.

It is an old trick.

myst1998

Yes, thankfully I have :) This was in the USA and one young mum I was in touch with fought and won her daughter back. I was so very happy when I heard the news. I don't think it is often but in this case (don't have links as it wasn't reported in the media) it happened and the baby was still young (under 6 months). Can't recall all the details; this was in 2007 I think?

Anyway, I don't think it happens often which is really tragic for the baby and the mother but adoption has never been about them so what is new.

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