Legal Question in Family Law in Utah
I feel decieved and dont know what to do
My Aunt of 8 years heard I was pregnant and they told me I wasn't capable of taking care of a child. They couldn't have children so I agreed to adoption under the agreement that I could still see my daughter. I was very close to my aunt during my pregnancy so close that we talked about our fears and inner feelings. During this time I lived with her. I never questioned her motives or felt I needed to be suspicious. She got a lawyer and I signed papers that were told to me to be consenting the adoption and agreement of seeing my daughter. My daughter was born Nov. 2001 and during that year I have recieved little contact from my aunt. I went to visit in Nov.2002 and she tells me I can no longer see her and there's nothing I can do because I never signed any agreement. I feel I was decieved into giving my baby to her under false pretences and I dont see how she can get away with that. I am 21 years old and am perfectly qualified as I was When I gave birth to her to take care of her and I want to see what I can do to get her back. I live in California and she in Utah. Please help me.
Jenny
1 Answer from Attorneys
Re: I feel decieved and dont know what to do
There are two kinds of adoptions, an open adoption where the birth mother knows the adoptive parents and a closed adoption where the birth mother never meets the adoptive parents. Normally in both kinds of adoptions there is a proceeding where the birth mother waives her rights to the child, often done in court. At that time the birth mother explains her understanding of the adoption and whether she will be allowed future contact with the child or not. I assume you either signed papers or attended a hearing and that you did not make any statements about your agreement with the adoptive parents.
The adoption becomes final six months after the adoptive parents hearing for temporary custody. Generally after the six month period it is very difficult to set aside an adoption, IF all of the proceedings leading up to the adoption have been properly followed.
However, you may be able to enforce your right to visit the child IF you have some supporting evidence, such as the testimony of other people or some writing which supports your agreement with the adoptive parents.
Before you sue to have the adoption set aside, you should carefully consider the effect on the child. The court will look at what is in the best interests of the child - and any attempt to set aside the adoption will be viewed by the court as to what is in the best interests of the child - considering all aspects of the child's life.
I suggest that you talk at length with the adoptive parents and see if there is some middle ground. If this fails you may want to consider mediation (non-binding) or arbitration (which may or may no be binding) before court action. Court action tends to polarize people and issues - and where your child is concerned it would be better to negotiate a friendlier solution.
This opinion is based on the facts supplied and is not intended to be an indepth analysis of the actual facts. No agreement for representation has been made. You may call for a free consultation.
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