Legal Question in Family Law in Illinois

if a mother of a child has givenup her daughter to her sister for temporary care,because the mother was having emotional problems due to a diagnosis of bi polar and the sister determines she cant handle the situation because of the birth of another child.,,and the sister talks the birth mother into giving up her chil for addoption, can this adoption be reversed if the child wants to be with her birth mother.the mother signed these documents under streesful conditiond and was told verbally that she would see her child on regular basis, this is not being done as agreed verbaly.the daughter doesnt seem to be happy with the adopted parents. the adopted parents are causing my wife mental annguish over this matter. her conditio on the bi polar has improved and now is married to me and has more stability.


Asked on 3/18/10, 2:54 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

It is very difficult to vacate an adoption judgment. There are time limits within which to attack the judgment. If mother can establish that she was not competent at the time she signed the surrender, she might be successful, but then she has established she was not competent. The court would wonder if she were competent now. There is no such thing as open adoptions in Illinois, so the oral promises, which are worth the paper they are written on, are meaningless.

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Answered on 3/23/10, 1:24 pm


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