Saturday, July 12, 2014

Can an adoption be overturned after 5 years?

Q:  Since birth, my daughters biological father was not involved in my daughters life, didn't see her, support her, ect. He owes $83,000 in back support. He signed away his rights and allowed my husband to adopt her 5 years ago. I just received a notice to appear in court because he's trying to overturn the adoption. Is this possible?

David's Answer:  It's certainly possible, but one would need to know how he "signed away his rights" & whether it was done properly. For instance, if he did an extrajudicial surrender, was it properly executed (where witnesses present, was he advised of his right to counsel, etc.)? You're best advised to schedule a consult with a Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (

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