How do I go about getting my daughter back after the adoption?
About six months ago i decided to place my eight month old daughter for adoption.what are the laws in Michigan regarding getting her back.I never signed her birth certificate over to the adopting parents.I would like information on the laws in Michigan and not personal opinions.I'm 20 yrs old and I have been trying to get information for a while now and it seems know-ones been of any help.Long story short, A woman from church befriended me, eventually I found out she was trying to get my daughter . She made me think she was trying to be a mother figure to me and behind my back she called and lied to protective services.when they came to inspect they found no evidence of any kind of neglect and actually complimented me on my mothering skills. When I called the protective services lady to ask her about my options in reguards to adoption she told me that she could take my daughter for a while intill I decided what I wanted to do then I could get her back if I decided not to place her for adoption.When I went to court I found out the worker had lied to me and put in her report that I had admitted to the alligations.(leaving my daughter alone in the apartment and not paying my rent)when we went to court I proved that these alligations were not true(rent recipts)they dropped the neglect charges,but said that I would have to prove that I could take care of her.By then people that were involved in my case had suggested i go ahead with the adoption.I was a ward of the court from age ten to age 18 and I had no help with my daughter when I had her.the woman who befriended me eventually convinced me that placing my daughter up for adoption would be the best decision.I only wanted the best for my daughter.At the time I was diagnosed with severe postpartum and ended up in the hospital with a concusion and had to get staples in my head.the woman who befriended me told my grandmother that she wanted to get my daughter and she had made the alligations.Before I had signed the papers she had asked that I have my daughter placed with her which I didnt want to do because of the inviorment in which she lived.I had my daughter placed in a home with a family from Utah.At this point I just want my daughter back and if anyone can give me any substantial information on how I may be able to go about doing that I would greatly appreciate it.I already have enough guilt and shame towards the decision that Ive made so I really dont desire to hear anyones opinion on how wrong I was for giving her up or trying to get her back.If what you have to say wont help me I would greatly appreciate it if you didnt waste my time.thank you
- Anonymous1 decade agoBest Answer
Oh God. I'm so sorry. I feel you. I'm going through my own legal battle.
First thing's first. Here are Michigan's consent laws.
MCL § 710.29, 710.44
Consent may not be executed until after an investigation and a judge has explained their rights to the parents
MCL § 710.29
Person who granted consent may petition court for hearing on whether to grant revocation, with a time limit of about 20 days. A release may not be revoked if the child has been placed for adoption unless the child was placed as provided by § 710.41(2) and a petition has been filed for a rehearing within time required.
So, you're definitely going to need an attorney. Generally speaking, even if it's not written into the laws, a consent can be revoked in cases of fraud, duress, undue influence, mistake, over-reaching, lack of competence, and any other thing that would justify release from a contract. BUT, it is very very hard, and a very long and costly battle.
"At the time I was diagnosed with severe postpartum"
Theoretically, this could be considered lack of competency for the sake of the consents, but I have no way of knowing for sure, since I'm not an attorney.
But, back to the attorney thing. You really need to get one. I found this website, which lists different Legal Aid Organizations.
You can also contact the American Bar Association and tell them you need a pro-bono lawyer.
American Bar Association
321 North Clark Street
Chicago, IL 60654-7598
I hope this helps. Feel free to email me if you need to talk.
Disclaimer: The above stated are merely my personal thoughts and opinions. They should NOT be taken as legal advice. I am not an attorney and am not authorized to give such advice. Consulting an attorney in these matters is always highly recommended.
- littleJainaLv 41 decade ago
The first thing you need to do is come up with a better story than the one you told here. So much of what you said just doesn't check out! Signing over the birth certificate? Post partum depression leading to a concussion? What? Seriously, if this is the best you can do, your daughter is NOT comming home.
If you want your daughter back, you need to find a lawyer or social worker and tell them the utter and complete truth. It is possible your daughter is only in foster care and has not been adopted. In that case, you may be able to go through a parenting plan to get her back. In no situation is it ever true that one person is perfect and always the victim, so don't try to play it that way. Go to the lawyer and explain exactly what happened. Include what you did right, but include the mistakes you made as well. Unless you tell the truth, they aren't going to be able to help you. Also, while it seems like you got bad advice from alot of people, acting like it was "all their fault" isn't going to help the situation. That's not what judges look for when deciding if a person is responsible enough to parent. It would be fair to say statements like, "This is what I told the social worker, but then this is what the report said." Do not say things like, "The lady told me I was a great mother but then the b*tch wrote down a bunch of lies." The statements may both be accurate descriptions of the truth, but one definitely will help your case more than the other.
If you truly are a mother in pain, then I am sorry for you.
- Anonymous1 decade ago
If it has been six months since you signed TPR papers it is too late. It doesn't matter if you sign the birth certificate over to them or not. The birth certificate is changed by the court when the adoption is finalized. I mean I could be wrong but, I am pretty positive I am not. The amount of time varies from state to state on how long you have. The time is usually between o days to about a month. Put adoption laws and the state you live in in your web browser you should be able to pull up the laws for your state. It should say how long you have. If you want to make 100% sure call an adoption lawyer in the state which you signed away your rights and ask them if there is anything that can be done. I pray that you find peace.
- WundtLv 71 decade ago
Get a lawyer NOW.
Unfortunately, if the adoption has been completed you may be out of luck. Once it is done, the courts need a very powerful reason to undo the adoption. However, most adoptions take more than 6 months to process and you might be able to act before things have been finalized. When you talk to the lawyer, make sure they understand that you are under the gun time-wise.
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- 1 decade ago
If you legally placed her for adoption then you will need to find out how long your reclaim period is/was. If you were pressured to place then you could use that but sometimes that can be hard to proof even more if its you against them.
All you can do is contact an attorney and see if there is anything that can be done. It may be hard to hear that but its probably very unlikely you will be able to get her back.
You wouldn’t have to sign her birth certificate over to her adoptive parents. Once her adoption was finalized she would be issued a new BC with her adopted parents listed as her parents.
- ladybmw1218Lv 41 decade ago
You need an attorney and you will have to contest the adoption on grounds of coercion (being lied to and falsely accused of neglect) plus diminished capacity due to your PPD.
Call every family attorney in your area and ask if they do pro bono work, and call legal aid as well. Contact the media and see if someone will do your story.
- Anonymous1 decade ago
Im so sorry I was in the system until 16 years old (Im pregnant now) well any ways my brother got adopted without my mothers or fathers consent if you can prove you dident go to court or sign a consent form you'll get your baby back Im going to pray for you thats wrong what there doing best of luck get a good lawyer!!!!!!! god bless
- 4 years ago
If that baby has been adopted or the waiting period is past you are out of luck---no attorney can change that. Open adoptions are not legal.
- AnnabelleLv 41 decade ago
I agree with many of the other posters who have said you really do need a lawyer. Do you know if your parental rights have been terminated. Did you go to court at any point after the neglect allegations. Do you know if she is in the custody of child services or of this other couple? Call the legal aid and bring a copy of all the documentation you have been given to your appointment.
- 1 decade ago
normally, you would have had to do it within 30 days. 60 at best.
you said "before i signed the papers" so i am assuming you signed a contract of some sort.
sadly, i think you have quite a battle on your hands. i'm sorry......
A release may not be revoked if the child has been placed for adoption, unless the child was placed as provided by § 710.41(2) [while an appeal of a termination of parental rights is pending], and a petition has been filed for a rehearing within the time required.Source(s): <----adult adoptee