Legal Question in Family Law in California

I am divorcing my wife who has 2 children one of which I adopted. Can I unadopt the child?


Asked on 3/01/10, 3:17 pm

1 Answer from Attorneys

C. Coulter Mulvihill Cynthia Coulter Mulvihill, Esq.

California adoptions can be set aside in the following circumstances:

Family Code 9100

(a) If a child adopted pursuant to the law of this state

shows evidence of a developmental disability or mental illness as a

result of conditions existing before the adoption to an extent that

the child cannot be relinquished to an adoption agency on the grounds

that the child is considered unadoptable, and of which conditions

the adoptive parents or parent had no knowledge or notice before the

entry of the order of adoption, a petition setting forth those facts

may be filed by the adoptive parents or parent with the court that

granted the adoption petition. If these facts are proved to the

satisfaction of the court, it may make an order setting aside the

order of adoption.

(b) The petition shall be filed within five years after the entry

of the order of adoption.

(c) The court clerk shall immediately notify the department at

Sacramento of the petition. Within 60 days after the notice, the

department shall file a full report with the court and shall appear

before the court for the purpose of representing the adopted child.

So, unless the child you adopted falls into one of these categories, you cannot unadopt the child.

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Answered on 3/10/10, 11:24 am


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