Which age can a child come back to birth mother after adoption?
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Which age can a child come back to birth mother after adoption?
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My sister lost parental rights of her 10 year old, her 7 year old, and her 4 year old... They're being adopted by another family, and my sister can still contact the person they're being adopted by... I was just wondering if anyone knew the laws in Colorado on what age her kids could make the choice to come back and live with her again. She's heard 13, 16, and 18... I was wondering if anyone knew the definite answer.
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BLW_KAM
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The legal age of majority in Colorado is 18. If the children are legally adopted by the other family, they cannot return to their mother until they reach the age of 18.
As mentioned above, there is such a thing as legal emancipation which is akin to getting a divorce from your parents. If the children were legally granted emancipation from their adoptive parents, they would be free to live where they wish. |
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Randy B
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Legally they would be free to live where ever they wanted and were able to at 18 years of age and older. After that time there is not much the adoptive parents could do to stop them. |
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Wundt
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Adoption makes the adoptive parents the parents in the eyes of the law. She has no legal righta to the kids and is entirely up to the adoptive parents how much contact they will allow. This is especially true with foster adoptions where the courts effectively place restraining orders on the bio parents with regards to the kids.
Once the child reaches adulthood, e.g. 18 years of age, they are free to do as they please. The kids could ask the courts for independence at an earlier age, but that will involve lawyers and petitions to the court.
Her best hope is to either ask the APs for an open adoption like arrangement, where she has regular visits with the kids, or wait until they reach adulthood. |
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MamaKate
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Dear Fifi,
As others have said, 18 is the legal age of majority.
This site will have more information, including adoption laws by state:
http://www.adoptingback.com/
I hope that your sister will be allowed to continue a relationship with the children and their AP(s).
Good luck to your sister and especially the children. |
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crazycritter_1999
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contact a good lawyer and ask them... they definitly know the laws of your state. |
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sizesmith
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Ultimately, the new parents have the ultimate control over the choices. Not every child gets to choose where they live. Face it-a lot of kids would have lived with their best friend's parents if they'd been able.
Adoption is considered permanent, and if she lost her parental rights, almost no judge would ever let the kids visit her, much less live with her. She should consider herself very lucky that she gets to visit them at all if she actually lost her parental rights.
Most foster kids want to go back to their original families, no matter what they've been through in the past. Very few are ever allowed to, and a lot of reunions when they're 18+ aren't successful because of the issues they have relating to the reasons they were taken away. |
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