Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Child Adoption

How do I go about getting my daughter back after the adoption?
Find answers to your legal question.

How do I go about getting my daughter back after the adoption?

About six months ago i decided to place my eight month old daughter for adoption.what are the laws in Michigan regarding getting her back.I never signed her birth certificate over to the adopting parents.I would like information on the laws in Michigan and not personal opinions.I'm 20 yrs old and I have been trying to get information for a while now and it seems know-ones been of any help.Long story short, A woman from church befriended me, eventually I found out she was trying to get my daughter . She made me think she was trying to be a mother figure to me and behind my back she called and lied to protective services.when they came to inspect they found no evidence of any kind of neglect and actually complimented me on my mothering skills. When I called the protective services lady to ask her about my options in reguards to adoption she told me that she could take my daughter for a while intill I decided what I wanted to do then I could get her back if I decided not to place her for adoption.When I went to court I found out the worker had lied to me and put in her report that I had admitted to the alligations.(leaving my daughter alone in the apartment and not paying my rent)when we went to court I proved that these alligations were not true(rent recipts)they dropped the neglect charges,but said that I would have to prove that I could take care of her.By then people that were involved in my case had suggested i go ahead with the adoption.I was a ward of the court from age ten to age 18 and I had no help with my daughter when I had her.the woman who befriended me eventually convinced me that placing my daughter up for adoption would be the best decision.I only wanted the best for my daughter.At the time I was diagnosed with severe postpartum and ended up in the hospital with a concusion and had to get staples in my head.the woman who befriended me told my grandmother that she wanted to get my daughter and she had made the alligations.Before I had signed the papers she had asked that I have my daughter placed with her which I didnt want to do because of the inviorment in which she lived.I had my daughter placed in a home with a family from Utah.At this point I just want my daughter back and if anyone can give me any substantial information on how I may be able to go about doing that I would greatly appreciate it.I already have enough guilt and shame towards the decision that Ive made so I really dont desire to hear anyones opinion on how wrong I was for giving her up or trying to get her back.If what you have to say wont help me I would greatly appreciate it if you didnt waste my time.thank you


Camira B
Oh God. I'm so sorry. I feel you. I'm going through my own legal battle.

First thing's first. Here are Michigan's consent laws.

MCL § 710.29, 710.44
Consent may not be executed until after an investigation and a judge has explained their rights to the parents

MCL § 710.29
Person who granted consent may petition court for hearing on whether to grant revocation, with a time limit of about 20 days. A release may not be revoked if the child has been placed for adoption unless the child was placed as provided by § 710.41(2) and a petition has been filed for a rehearing within time required.

So, you're definitely going to need an attorney. Generally speaking, even if it's not written into the laws, a consent can be revoked in cases of fraud, duress, undue influence, mistake, over-reaching, lack of competence, and any other thing that would justify release from a contract. BUT, it is very very hard, and a very long and costly battle.

"At the time I was diagnosed with severe postpartum"
Theoretically, this could be considered lack of competency for the sake of the consents, but I have no way of knowing for sure, since I'm not an attorney.

But, back to the attorney thing. You really need to get one. I found this website, which lists different Legal Aid Organizations.

You can also contact the American Bar Association and tell them you need a pro-bono lawyer.
American Bar Association
Service Center
321 North Clark Street
Chicago, IL 60654-7598

I hope this helps. Feel free to email me if you need to talk.


Disclaimer: The above stated are merely my personal thoughts and opinions. They should NOT be taken as legal advice. I am not an attorney and am not authorized to give such advice. Consulting an attorney in these matters is always highly recommended.

Busy Mommy
You NEED a lawyer, no amount of advice from Y/A is going to help you like a lawyer could.

anastasia beaverhausen-the real1
normally, you would have had to do it within 30 days. 60 at best.

you said "before i signed the papers" so i am assuming you signed a contract of some sort.

sadly, i think you have quite a battle on your hands. i'm sorry......

A release may not be revoked if the child has been placed for adoption, unless the child was placed as provided by § 710.41(2) [while an appeal of a termination of parental rights is pending], and a petition has been filed for a rehearing within the time required.


If you legally placed her for adoption then you will need to find out how long your reclaim period is/was. If you were pressured to place then you could use that but sometimes that can be hard to proof even more if its you against them.

All you can do is contact an attorney and see if there is anything that can be done. It may be hard to hear that but its probably very unlikely you will be able to get her back.

You wouldn’t have to sign her birth certificate over to her adoptive parents. Once her adoption was finalized she would be issued a new BC with her adopted parents listed as her parents.

Anastasia's Mommy
Unfortunately for you, if you legally give your daughter up for adoption - as in through state officials or an agency or you hand over rights to her, then after 30 days you cannot get her back. The court would then consider you an unstable parent and not grant you the permission to take her back.

I agree with many of the other posters who have said you really do need a lawyer. Do you know if your parental rights have been terminated. Did you go to court at any point after the neglect allegations. Do you know if she is in the custody of child services or of this other couple? Call the legal aid and bring a copy of all the documentation you have been given to your appointment.

Good luck.


you need A LAWYER!

and to post this on every "crisis pregnancy" site you find.

be well

Linny G
Contact your local Legal Aid society immediately. Do NOT give up until someone takes your case.

You need an attorney and you will have to contest the adoption on grounds of coercion (being lied to and falsely accused of neglect) plus diminished capacity due to your PPD.

Call every family attorney in your area and ask if they do pro bono work, and call legal aid as well. Contact the media and see if someone will do your story.

If it has been six months since you signed TPR papers it is too late. It doesn't matter if you sign the birth certificate over to them or not. The birth certificate is changed by the court when the adoption is finalized. I mean I could be wrong but, I am pretty positive I am not. The amount of time varies from state to state on how long you have. The time is usually between o days to about a month. Put adoption laws and the state you live in in your web browser you should be able to pull up the laws for your state. It should say how long you have. If you want to make 100% sure call an adoption lawyer in the state which you signed away your rights and ask them if there is anything that can be done. I pray that you find peace.


Carnie C
a direct quote: "About six months ago i decided to place my eight month old daughter for adoption."

you CHOSE to relinquish your child. I understand it is a difficult decision, one which you may regret but the time has passed....

Ultimately, it's a choice you made.

Another case of a coerced adoption.

So sorry you were taken advantage of, lied to, and coerced to hand over your precious baby.

And they say coercion doesn't happen? HA!

Talk to a lawyer and see if anything can be done. Obviously you weren't fully aware of what you were signing or what you were doing...the social worker lied to you, you weren't given your full rights, you were under duress with the PPD. Sue these people, don't let your baby go without a fight.

It will probably be a huge uphill battle, but FIGHT for her.

Im so sorry I was in the system until 16 years old (Im pregnant now) well any ways my brother got adopted without my mothers or fathers consent if you can prove you dident go to court or sign a consent form you'll get your baby back Im going to pray for you thats wrong what there doing best of luck get a good lawyer!!!!!!! god bless

such a horrible situation. You definately need to contact legal services. If you cant affor one usually some womens resource centers help you with things like this. Good Luck!

34 weeks with Evan Alexander♥
Some mother you are...just pawning your child off to someone, running and hiding for a while, and all of a sudden you want to be supermom...it doesn't work that way.

Get a lawyer NOW.

Unfortunately, if the adoption has been completed you may be out of luck. Once it is done, the courts need a very powerful reason to undo the adoption. However, most adoptions take more than 6 months to process and you might be able to act before things have been finalized. When you talk to the lawyer, make sure they understand that you are under the gun time-wise.

Summer L

This may help, but you need to know specifically what you want to put in the search box or you probably won't have much luck.

I got this from google, you can google anything you want pertaining to your situation and state, as I was not really sure what to put in there.

The first thing you need to do is come up with a better story than the one you told here. So much of what you said just doesn't check out! Signing over the birth certificate? Post partum depression leading to a concussion? What? Seriously, if this is the best you can do, your daughter is NOT comming home.

If you want your daughter back, you need to find a lawyer or social worker and tell them the utter and complete truth. It is possible your daughter is only in foster care and has not been adopted. In that case, you may be able to go through a parenting plan to get her back. In no situation is it ever true that one person is perfect and always the victim, so don't try to play it that way. Go to the lawyer and explain exactly what happened. Include what you did right, but include the mistakes you made as well. Unless you tell the truth, they aren't going to be able to help you. Also, while it seems like you got bad advice from alot of people, acting like it was "all their fault" isn't going to help the situation. That's not what judges look for when deciding if a person is responsible enough to parent. It would be fair to say statements like, "This is what I told the social worker, but then this is what the report said." Do not say things like, "The lady told me I was a great mother but then the b*tch wrote down a bunch of lies." The statements may both be accurate descriptions of the truth, but one definitely will help your case more than the other.

If you truly are a mother in pain, then I am sorry for you.

Christina T
The first thing I would do it prove your a good mother. Make sure you have a place to live. Furnish your daughter a room. Take a parenting class. These are things they will see and will make it easier for you. Prove that you want this child. If you did not sign any papers that stated an adoption than your daughter must have been placed in foster care.

I took parenting classes and infant cpr and other smaller classes just because I wanted to be sure that my daughters father would not have any luck at trying to take her but, he never tried so I am happy.

You have passed the time allowed for changing your mind.
Plus, your daughter have already bonded with her new parents. It would be very unhealthy to rip her out of the arms of those who have loved and cared for her for 6 months.
Is your adoption open?
If so maybe that contact could help ease your pain.

mom of many
sorry, but your time limit to appeal has long passed. First they had to terminate your parental rights and most states that's done in a court. They there is a time for appeals, so many days or months, then an adoption is final. You do not sign over a birth certificate. The adoptive parents will get their own copies of a new birth certificate. It really sounds like you had a lot going on then and maybe you weren't really ready for a child.

I didn't read all your story, because what I read shows you weren't ready, nor were the people giving you advice doing the right thing by there involvement. First and for most, take the time to find a person that can lay out just what you need to do for yourself now and how you will be ready to take care of the baby. As a single parent, there is alot of problems you could be faced with, think of those areas before you now need to have the child in your life.

u can pray about it.

what if u did not sign ur right away and ur son have been adopted how do go about getting him back

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

 How do I convince my dad to stop fostering?
Okay, I know my question seems selfish but seriously how do I stop him from fostering? I'm adopted and so is my sister because my parents weren't able to have kids. My sister was fostered ...

 Does anyone know how to do adult adoption in Oklahoma?
I'm trying to adopt two boys that I've had in my care for years. Neither has a living father and I've had custody for six years. Does anyone know the process required in Oklahoma?...

 Being an adopted child, what rights do I NOT have?
I've been watching some recent documentaries about adoptees (young and old) who have no legal right to view their original birth records or certificates etc. New Hampshire recently restored ...

 Foster care question (it is a what if)?
Okay, my adoptive mother had a heart attack scare this summer and it got me to thinking what happens if she dies. Would the court let me live with my father even though he is an alcoholic, or would I...

 Do your parents have a say in putting your child up for adoption?
If I ever get pregnant I told my parents I would put it up for adoption. My mom got mad and said that I'm not going to your parents have a say whether your an adult or not if you put your kid of ...


 AP's and First Moms please!!?
Hi. We are fostering a little boy and awaiting a court date for adoption. His mother has had a rough year (a rough life to be honest) and she lost her mother to cancer just recently....as well as ...

 When referring to adoption, what does "having a big heart" mean?

 Where do I go if I'm interested in becoming a foster parent/or looking to adopt a child?
I'm leaning towards the Social Services Dept.? Is this correct?...

 About adopting, very random.?
I want to know alot more about it.
Like how does it work?

Do you pick whether you want a boy or girl or what race?

It's very confusing to me. Please explain to ...

 About Rainbow families..?
Isn't it quite possible that these "rainbow" families as some call it ( American citizens adopting children from many different countries and/or of many different races) just want to ...

 What's the best adoption agency?
My husband and I would like to adopt a child (age infant- 4 years old) and are wondering if it's better to do it in the states or through an international agency?

I've heard ...

 What do you want to be when you are older?
I'm going to be a nurse, the ones that deliver babies. I have two daughters and I want 4 more kids, I'm a kid person, lol! =)...

 Is this really against the law? ?
I have seen alot of questions and answers stating that it is against the law for adoptees to meet their bio families in some states. I have never heard of this before. We adopted from foster care ...

 Adoption issues and cheating men!?
I just found out i'm 4 weeks pregnant with my boyfriends baby. I'm a 20 year old white woman, with no prior kids. He is a 22 year old black male, with no prior kids. Today, I was suspecting ...

 Has anyone adopted from Guatemala?
I read an article in the paper about how adoption there is not regulated and laws are very lax but that will change by next year. All of the other countries are now starting to make it more ...

 Adoptive Parents: Do you feel pressure to be a super Mom/Dad?

Additional Details
Prior to adopting a child, basically you had to jump through alot of hoops and pass all kinds of tests... and now that you've adopted a child, do you feel like ...

 Can non-Australians adopt Australian children?
We visit Australia several times a year to spend time with friends, and our Son has moved there from the U.S. We've met an amazing teenager who has been in foster care in NSW for most of her ...

 ......Adoption Ireland?
i am considering adopting a child.i am irish, i would like to adopt an irish child, or any other nationality. i have tried google'ing the details and agencies but cannot find any....any ideas ...

 Is there an age limit on when you can put your OWN baby for adoption like in the film juno ???? please help?

Additional Details
i think i might be pregnant,, im 14 and i know i wont be able to look after the baby myself and the dad and i arnt ready for a child. i cant abort the baby because i ...

Copyright (c) 2009-2013 Wiki Law 3k Wednesday, February 10, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links