Legal Question in Family Law in Texas

How do u undo adoption in texas. Me and the adopt parent had a vobale agree that I could still my kid and now that the adoption is final they ain't letting me see my kid


Asked on 7/07/12, 12:42 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Let me summarize what you just wrote...

The adoption has been finalized & the judge has signed all the paperwork.

It has been more than 60 days.

Now the verbal agreement than you had with the adopted parent is no longer working.

The parent will NOT let you see the child.

Your rights to the child were terminated by the judge (the court).

Therefore, the child is no longer legally "your" child.

The child no belongs legally to the adopted parent.

Hopefully, I have summarized everything correctly.

If so, here is my answer...

YOU HAVE NO RIGHTS.

YOUR PARENTAL RIGHTS HAVE BEEN TERMINATED BY A COURT OF LAW.

YOU CANNOT UNDO THE ADOPTION.

THE AGREEMENT WAS VERBAL - not written - correct?

Therefore, you have nothing in writing that entitles you to see the child.

If the adoption was finalized less than 30 days -- immediately go to the courthouse & file a legal paper asking the judge to reverse the adoption.

You can also get an attorney and appeal the lower court's decision and ask the higher court to overturn the adoption. This will be difficult. You need some sort of grounds to do this.

I would contact legal aide in your county. I would start with Lone Star Legal aide or Houston Volunteer Lawyers. Or, I would also go to the courthouse where the adoption was held. In fact, I would do all of the 3 things I just suggested. Please do NOT call me since I no longer litigate.

I assume there was an attorney appointed to represent the child in this adoption. You might consider calling this attorney and see if this attorney will help you negotiate some future visitation with this child. It is certainly worth a shot. Plus, if you want to visit with this child, I would be very nice to the adopting parent. Losing your temper at this point will get you nothing since you no longer have any rights.

I know that this is not what you wanted to hear but it is the truth.

Remember, when the child turns 18, he/she is able to contact you.

Under Texas law, the child can easily access his/her original birth certificate for not much money. There is a state agency that re-connects adoptees with their birth parents so you might want to keep in touch with that agency when the child is about to turn 18. I'm an adoptee and I used that agency many years ago. They are located in Austin -- but I can't remember their name or phone number right now.

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Answered on 7/13/12, 7:59 pm


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