Ask A Divorce Lawyer: Can we get an adoption overturned?

Question:

My husband was married before and adopted his ex-wife’s son. Now the son wants nothing to do with him. Can we have the adoption overturned?

Answer:

I must preface my answer that I do not practice in Pennsylvania.  However, Cordell & Cordell has many attorneys licensed and located in Pennsylvania who would be happy to help you.  Each state has different laws governing adoption. It is important that you contact a domestic litigation attorney licensed in Pennsylvania prior to taking any action.

In most states once a person adopts a child, that person steps into the shoes of the natural parent and assumes all of the legal requirements of a natural parent.  An adoptive parent cannot just quit because of difficulties that may arise. In most states the only ways that an adoption could be changed would be if the child initiated an emancipation process or the adoptive parent acted in such a manner that a court would have to terminate parental rights.  With that said, each state is unique and you should consult the adoption laws of Pennsylvania.

Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.

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