Can My Adopted Child’s Biological Father Take Her Without My Consent?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I adopted my niece’s child 9 years ago and now the biological father wants to take her. He signed his rights away to me, but now claims he was tricked into signing them away, which isn’t true. What can we do? Can he get her back?

If a court of law terminated his parental rights, then no, he cannot take his child. If you merely signed an agreement stating that you would adopt the child and that his parental rights would be terminated, then this would not be sufficient legal grounds to prevent him from seeing his daughter. If his parental rights were terminated, and he continues to harass you about visiting his child, you may want to consider obtaining a restraining order if he possess a threat.

Most adoptions require the termination of parental rights in order to be finalized. You may want to consult a local attorney to find out what legal rights you have to prevent the father from seeing his child if she is endangered.