Adopted Children – Rehoming Legal Issues

Adopted Children – Rehoming Legal Issues
Adoptions to children are sometimes not the final action that the youth will go through with family, as some situations arise where the individual will go back to his or her original family or to another foster family. The circumstances of these situations generally involve abuse, neglect or criminal activity from one or both adoptive parents.


Adoption Problems

Some adopted children will face situations where the biological parents want the youth to return home for some reason. The adoption paperwork may undergo a loss of consent. While the current adoption process may require a court case to dissolve the relationship, the child may suffer from the loss of his or her current family. Both legal and traumatic impact is possible that cause the young person injury. The legal aspects could tie up the adoption and biological parents in a case that could take years. If the youth is not able to stay with his or her adoptive family, this could further increase difficulties that could affect school and temperament.
The Investigation

If the child faces abuse or neglect at the hands of the adoptive family, he or she may go back to his or her original home. There is an investigation that initiates when someone complains or there is a tip about the possible problem in the home. The child welfare agencies in the local town will initiate an assessment of the family and determine if the young person suffers from contact and interaction with the parents or the rest of the family. Then, he or she may return to biological parents or face a rehoming situation that places him or her with extended family members.

The Decision

Some mothers are unable to keep children for various reasons. If the family does not have the money or the best circumstances, the parents may relinquish parental rights to a stranger or a family seeking to adopt a child. In these situations, the baby will go through various processes and become part of a new family. The decision that the parents make is usually difficult and fraught with emotional trauma. There are many new parents that will decide to seek to reacquire the child in a short time from the loss. In these circumstances, the baby may undergo rehoming events that could cause further legal problems.

In many of these decisions, the parents relinquish parental rights completely and have no further right to keep or reacquire the child at any time. The legal problem that arises from this event is the closed adoption process. The agency will give the baby to an approved family that has all legal rights of the original parents. If there are no additional complications, the original parents may have a chance of rehoming the adopted child to an extended family member or back home with the biological mother or father. This often takes a court case and time.

Adoptive Parents Rehoming the Child

If there are certain complications that exist or arise with the young person, the parents that adopt him or her may relinquish the adoption and send the child back to the original parents or to a different family to foster. While this is possible in many cases, there are some adoptions that are final with few chances to rehome the child. Some of the possible reasons to engage in this action are when the youth has a medical problem that only the biological family knows about, when the young person is too much for the family to handle or when the previous parents attempt to make contact for another chance.

Online worries, comments or posts could become evidence used against the adoptive family when one or both parents vent frustration or anger about or at the child. If the adoptive family wants to rehome the child, the parents may encounter legal issues with relinquishing their adoptive rights. Some legal problems arise when the family attempts to rehome the youth privately without reporting the matter. This could lead to future complications and consequences when attempting to adopt again. If criminal charges occur, online evidence may increase the strength of prosecution.

Legal Help with Rehoming an Adopted Child

Family law lawyers generally are necessary for issues with an adoptive family needing to dissolve an adoptive process with a child. If the family is unable or unfit to take care of him or her, the lawyer may need to initiate communication and help the process push through to prevent legal problems and violations.