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

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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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney