Legal Question in Family Law in West Virginia

Adoption

Is there any way to negate an adoption that took place during a marriage and then after the kids were adopted the mother left and filed for divorce and now seeks child support from me for these 2 kids that are not biologically mine, she forced me in to adopting these children and she also works for an attorney and he handled everything. Help!!!


Asked on 7/02/08, 2:30 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Adoption

NO, you cannot undo the adoption. In sum, you can divorce your wife (or she can divorce you) but you cannot divorce your children (be they biological or adopted).

Regardless of how you may view it, in the eyes of the law, nobody "forced" you to adopt your wife's children (just as nobody "forced" you to marry your wife to begin with).

Marriage is revocable. Adoption is not. Indeed, adoption is irrevocable. These are now and forever YOUR children, the same as if born to you biologically in lawful wedlock with their mother.

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Answered on 7/02/08, 4:17 pm


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