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Why don't more places allow us to rescind our adoptions?

Family Law Discussion Forum

Why don't more places allow us to rescind our adoptions?

Postby celeste » Wed Oct 26, 2011 1:05 am

E.g. In Manila: http://www.manilatimes.net/news/nation/rescission-of-adoption/

http://www.manilatimes.net/news/nation/woman-wants-to-rescind-her-adoption/
<quote>
Section 19. Rescission of Adoption of the Adoptee. – The petition shall be verified and filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the Department of Social Welfare and Development, if he is a minor, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or counsel.
The adoption may be rescinded based on any of the following grounds committed by the adopter:
1. repeated physical and verbal maltreatment by the adopter despite having undergone counseling;
2. attempt on the life of the adoptee;
3. sexual assault or violence; or
4. abandonment or failure to comply with parental obligations.
</quote>

See also:
http://www.justanswer.com/family-law/1imk2-rescind-adoption-stepparent-texas.html
http://legal-forms.laws.com/michigan/petition-for-rescission-of-adoption-and-order
http://www.50statelegalforms.com/files/form1/form13756.pdf

... though it appears in America, it's only step-parent adoption that can be rescinded.
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Why don't more places allow us to rescind our adoptions?

Postby oakley » Wed Oct 26, 2011 1:06 am

Since adoption is a HUMAN construction (rather than an act of nature) and the person who is adopted generally had NO SAY over the choice(s) made for them, IMO, the adopted person SHOULD have legal recourse to remedy it if they feel it to be necessary. It seems only fair that they should have SOME kind of say at SOME POINT. After all, we are talking about HUMAN BEINGS here, not chattel.
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Why don't more places allow us to rescind our adoptions?

Postby ealahweemah72 » Wed Oct 26, 2011 1:15 am

Honestly I would be curious as to find out why a person who was adopted would want to rescind your adoption. There are people who divorce Thier parents and I would guess that since they are legally your parents it would be like a divorce. Being adopted myself a rescinding my adoption is something I personally would never do. But everybody has a different situation. I do know my biological mother and father but to me my parents are those who raised me and my biological parents brought me into the world and I am glad they did. I do not know your situation but like I said earlier it would probably be more like a divorce from your parents. But if you are of legal age instead of paying a bunch of legal fees you could just distance yourself from them.
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Why don't more places allow us to rescind our adoptions?

Postby reuben29 » Wed Oct 26, 2011 1:24 am

Because to pass an act through parliament allowing the simple dissolution of adoption, same as divorce is the dissolution of a marriage, would reveal that the whole concept of adoption being "an act of love" is just a well constructed, widely exploited and never debunked myth.

Western society needs these "Your-Real-Parents-Are-Those-Who-Brought… myths. No-one want to look behind this thick curtain. It looks so pretty!

We all love each other don't we?
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Why don't more places allow us to rescind our adoptions?

Postby anson34 » Wed Oct 26, 2011 1:29 am

I would guess for the same reason most people over 18 don't legally divorce their parents. It's not worth the hassle & not many people would bother even it it was available.

Change your name, make a living will, assign it to your bio parent & boom you get the same effect.
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Why don't more places allow us to rescind our adoptions?

Postby darik » Wed Oct 26, 2011 1:42 am

It is the mother's choice whether or not she wants to put the baby up for Adoption. Although they don't know the horrors, you can't blame adoption.

xxoo,

LG
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Why don't more places allow us to rescind our adoptions?

Postby sebastiano » Wed Oct 26, 2011 1:45 am

I would rescind my adoption if it meant I could have my original birth certificate.
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Why don't more places allow us to rescind our adoptions?

Postby danil70 » Wed Oct 26, 2011 1:52 am

In those circumstances, I think that charges should be brought against the parents... adoptive or biological. You can't "take away" what has already been done. Get therapy, and move on.
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Why don't more places allow us to rescind our adoptions?

Postby choviohoya » Wed Oct 26, 2011 1:56 am

Well, it's legally awkward. The whole basis of the adoption law is that once it's done, the adopted child has the same rights as a biological child. All of them. No ifs, no buts, no exceptions.

To do this, you'd have to put a bit in the law saying "no, actually, they are legally _not_ the same." Unless you think a biological child should be able to rescind their parents too.

I think it would be very dubious to make adopted and biological children legally different. Could cause a whole stack of other legal issues. I'm not sure it's worth it, given that at 18 the child (now an adult) can simply choose to walk away and never have contact with them again anyway.
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Why don't more places allow us to rescind our adoptions?

Postby wethrby » Wed Oct 26, 2011 2:13 am

Hi Honey!!!
Im in the US so Im sure our laws are different. I, personally, wouldnt want to recind my own but I think if an adoptee wants to go throught the courts to change their legal family back to the correct biological one? There shouldnt be any problem doing that. It IS a personal decision and should just include some paperwork and a judge. I'd say just a notary but if a judge was needed to change your life the first time, a judge will probably be needed to change it back, right? :)
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