Can a biological parent regain custody of the child they placed for adoption? This question comes up from both sides: adoptive parents who worry that the biological parent will try to take back their child, and biological parents who want to do so.
In both cases, the answer is usually no. Once a child has been adopted, the adoptive parents are legally the only parents. The biological parent no longer has a legal relationship with the child. Their parental rights are terminated, and they simply are no longer the child’s parents.
But for the biological parent who wants to be reunited with her child, there may be special circumstances.
If the adoption wasn’t legal
Arkansas adoption laws are very specific, and so are the laws of every state. If an adoption was arranged through fraud or coercion, if the biological parent did not give consent for the adoption or was not notified of it, if consent was given but the biological parent did not understand the language, or if the adoption process was not legally valid — in any of these cases, the adoption could be overturned.
This is why it is so important to have a qualified adoption lawyer complete your adoption.
If the adoption fails
While it is rare, it can happen that an adoption will fail. Dissolution of an adoption can make an adopted child available for adoption once again. If a biological parent at this point feels better able to care for the child than when he or she was originally adopted, she could apply to adopt the child.
Such an adoption would be like any other adoption. Regardless of the biological connection between the parent and child, there would have to be a home study, adoption petition, and all the legal steps required in any adoption. The process to regain custody would simply be an adoption.
Heimer Law specializes in adoption. Over the years, we have supported hundreds of families through their adoption journeys. Whatever the special circumstances you’re dealing with, we can help.
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