Over-Turning The Adoption Process How The Courts Will Rule
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When trying to determine how the courts will rule in terms of over-turning the adoption process, you have to take a great many of factors into consideration. The particulars of the situation will, to a large extent, determine how the courts will rule. These factors can be anything from the time since the baby was born, to the court’s view of the birth parents’ and/or the adoptive parents suitability at raising the child, to any special needs that the child may have, to who exactly is trying to over-turn the adoption process.
The courts will not rule to over-turn the adoption process lightly. Adoption, by its nature, is intended to be permanent in a legal sense. For the courts to over-turn the adoption process, there would need to be seriously compelling evidence that over-turning the adoption process would be in the best interests of the child.
If, however, it has been only a few days or a week or two since the baby was born, it may be that the adoption process has not yet been finalized in the courts. A birth mother can stop the adoption process at any point right up until the final court date during which the papers are signed, which typically takes place within about four weeks of the baby’s birth. If the baby has not been born yet, a woman could obviously change her mind, as well.
It is even more difficult for someone who is not a birth mother to over-turn the adoption process. Even a birth father, unless paternity has been established legally in one form or another, will have an uphill battle at trying to get the courts to rule in his favor.
The courts are less likely to over-turn the adoption process if the adoption has been in place for a while. In addition, unless there is potential harm in the adoptive home, or unless it can be demonstrated to the courts that the adoption process was agreed to by the birth mother under duress, the courts are not likely at all ot rule to over-turn the adoption process.
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