Can a Suwanee, Georgia, Adoption Be Overturned?
Adoption involves legally binding agreements and important court orders that make adoptive parents the legal parents of their children. This said, however, there are highly specific circumstances in which adoptions can be overturned in Georgia. When children are involved, the state is always motivated by their best interests, including cases involving the overturning of adoptions.
The most important point to make here is that both adoption and the reversal of adoption are complex legal matters that require professional legal representation. Turn to an experienced Suwanee adoption attorney at Banks, Stubbs & McFarland today.
Time Constraints in Georgia Adoptions
There are specific time constraints for adoptions in Georgia that should be considered. To begin, a child’s legal parents can’t consent to voluntarily surrendering them for adoption until after their birth. Conversely, a biological, non-legal father can sign a surrender of rights at any time before or after the child’s birth. After voluntarily surrendering rights, a parent has a brief four days from the time of voluntary surrender to revoke it. Once a surrender is signed, there are very few avenues to undo it.
The Only Instances When an Adoption Can Be Overturned in Georgia
The State of Georgia spells out the unique circumstances when an adoption can be overturned, and they include the following:
- If the adoption wasn’t carried out in compliance with all applicable laws
- The adoption was based on forged documents
- If the adoption is fictitious to begin with
- The signatures were obtained by fraud or duress
- Overturning the adoption is in the adoptive child’s best interests
Ultimately, adoptions are rarely overturned, but when they are, they’re predicated on the children’s best interests.
Key Points to Consider
Usually, adoption decrees are final, and only very serious reasons support reversals. This often translates to legal irregularities. The person attempting to overturn the adoption bears the burden of proving that the reversal is supported by law. This can mean proving procedural errors or serious wrongdoing, such as fraud.
The birth parents are granted a short window of time to change their minds regarding voluntary surrender. Once the adoption is finalized, however, they have virtually no chance of overturning it unless they prove they were coerced into signing the papers or lacked the capacity to do so.
Reach Out to an Experienced Suwanee Adoption Lawyer for the Help You Need
If you have questions or concerns about overturning an adoption, the compassionate Suwanee adoption attorneys at Banks, Stubbs & McFarland are committed to helping you thoroughly explore your best options and take the right legal steps. Learn more by filling out our online form or giving us a call at 770-887-1209 today.