Legal Question in Family Law in New York

Legality of Adoption where adoptive parent failed to reveal mental history

I have an interesting and perhaps novel legal issue.

If an adoptive parent from New York adopts a child from Louisiana and the adoptive parent fails to reveal his prior history of hospitalizations for mental illness during the adoption application process, can the legality of the adoption be called into question and the adoption be voidable?

Further, if the adoption is potentially voidable, how does one start the process of investigation and which state would have jurisdiction, and does it matter that the child is now 7 years old?

Thank you. I await your response.


Asked on 9/05/03, 8:58 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Legality of Adoption where adoptive parent failed to reveal mental history

You are suggesting that the adoption was perpetrated by "fraud" (intentional mis-information that is very relevent).

The jurisdiction would be determined by the state which issued the adoption order.

One caution, the mere fact of misrepresentation on this point will not end the inquiry. The adoptive parent will have to be shown to be in some way deficient as a current parent and the 'best inyerest of the child' shown to be vacating the adoption and placing the child elsewhere.

Giood luck.

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Answered on 9/05/03, 9:12 pm


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