Adoptions once made are difficult to reverse. However, it’s still possible under certain circumstances.
Once an adoption finalizes with appropriate legal papers signed and the child is transferred to the new parents, the Canadian Law sees it as an almost irreversible pact. A sudden change in mind or a mere realization won’t help.
When seeking to reverse an adoption, it is essential to distinguish it from a revocation. But they are separate terminologies with different meanings.
This article will help you get the answer to:
- What is an adoption reversal in Canada?
- What is the legal scope for an adoption reversal?
- What documents are accepted in the court?
- What is the difference between a reversal and a revocation?
- How can Moose Jaw Lawyers help in getting a reversal?
What is an Adoption Reversal in Canada?
An adoption reversal disables the agreement signed between the birth parent and the adopting bodies, transferring the parental authority.
When the reversal is approved, it returns the child to its original parent, dissolving all the conditions made in the adaptation contract.
In Canada, cases involving adoptions or any interest of a child are subject to a court settlement. Consequently, a reversal follows a formal petition and verdict given by a judge.
A regular reversal proceeding includes:
- Submitting a petition against the adoption
- The petitioner must meet the eligibility criteria
- The court assesses the grounds of the petition
- If the claim resonates with the best interest of the child, the court approves the reversal in the presence of all parties
When Should You Seek a Reversal?
The Canadian Court holds an adoption approval as a reflection of the judgment of its highest authority. Any chance of revision is highly unlikely to occur if not backed by lawful reasons.
Your petition for reversal must highlight any of the following points:
Fraud, Duress, Undue Influence
All are illegal practices, which gives the law a strong motive to nullify a pact.
You can call a fraud by marking any misrepresentations or concealments of important information about the child or parents
The law also prohibits influenced agreements where any of the parties is forced to make the transfer.
In the same light, subtle tricks, like manipulation and false persuasion, may render an adoption invalid.
The Best Interest of the Child
The verdict always goes in the child’s favour. It cares less about the birth parent or the foster family.
If your petition can prove a breach of the child’s safety or health, it is already a step closer to approval.
Change in the Circumstances
If the new family feels a change in circumstance in their lives, involving a financial breakdown, migration, or an emergency, that makes them unable to take care of the child, they can call for a reversal.
The Child Reaching Maturity
Once the child grows up and reaches adulthood, they can return to live with their biological parents. They can raise a challenge to their current parents’ rights and restore their original parents’ authority.
Failure to Meet the Child’s Expectation
If the child or the foster parents fail to meet each other’s expectations through their behaviour and ability, it raises a concern about their long-term compatibility.
If the situation escalates to the point that a mutual resolve seems unreachable, it demands a reversal.
Who Can Apply for a Reversal?
Most provincial Adoption Acts permit a reversal petition from any of the following three parties:
Real Parent
The law grants the real parents the chance to ensure their children are in the best hands. Any unpleasant experience involving the treatment of the child in the new house makes them eligible to request a reversal.
Adoptive Parent
When it comes to returning the child, the adoptive parents have a few rights of their own. But their strongest claim can’t hold the real parents for their ill treatment or practices prior to the adoptions. Their strongest stand would be to prove fraud or undue influence that forced or persuaded them to make the transaction.
The Child
After 18, every person is a valued citizen and can direct their life and decisions according to their will. The Canadian Law allows an adopted child who has stepped into their adulthood to nullify the agreement.
What Can You Submit as Evidence to Support a Reversal?
This is where you need to be thorough. A pact, as claim-proof as an adoption agreement, should only be reviewed with reliable and authentic evidence. While the best approach is to employ a legal representative to prepare and present the evidence, you should also be knowledgeable about the priority of the court.
You can back your claim with:
Relevant Documents and Records
You must secure all the signed and approved documents, including court orders and the original adoption agreement papers. They are not only vital but mandatory, as the first thing judicials will do is check the validity and the points of agreements.
In case of lost documents, you can always visit the Clerk of Court to get an official copy.
Proof and Statement on Fraud or Duress
Allegations involving fraud and duress are serious, as they can backfire if not supported with valid proof.
Depending on the severity and consequences of the allegations, the court may file a charge of harassment of the court.
In your support, any proof of misrepresentation, coercion, or witness testimony will set the court to work on your interest.
Any Evidence Suggesting Abuse or Mistreatment
As mentioned earlier, when dealing with an adoption, the court prioritizes the best interests of the child.
So, reversal claims that highlight improper treatment, negligence, or assault of the child are more likely to win. But without solid proof, they may fail to demonstrate the gravity and urgency of the situation.
Prescriptions and Testimonies
When a child’s mental and physical condition noticeably deteriorates after an adoption, you should ask for court attention.
Consider consulting experts, like a psychologist or doctor, and provide their opinions and reports with your petition.
It would also be wise to inform them about your intent, as the court may find it necessary to call on them during the hearing.
Background and Financial Records
For adoptive parents, presuming an imminent migration or a financial collapse, it would only be reasonable to plead for a reversal by presenting their current and previous financial records.
While a change in circumstance stirs the court’s sentiment with a warning alert, you can increase its vibration by showing authentic reports of your declining ability.
Supportive Documents
You should also mind other supplementary documents the court may want to see. For example, the child’s birth certificate, cultural and ancestral roots, and procedural irregularities in any prior legal events.
How A Reversal Differs from a Revocation?
Reversal of an adoption has no dedicated section in the Family Act.
In Canada, an adoption pact seals all the ways to reclaim or restore a child to its previous place. Other pertinent guidelines that we discussed here as a ground for a reversal appear throughout different sections, scattered without having a specified single place.
But that’s not the case for a revocation, which is often mistaken for a reversal. A revocation is well described in the Law with a small but single section. It refers to any changes in the agreement before it’s signed and finalized with a court order.
In such cases, the law provides a short window of 30 days after the birth for the birth parent to dissolve the agreement. They can do it directly without any intervention from the court.
Wrapping Up
If you want to reverse an adoption, it’s going to be much more complex than your assumption. Primarily because you are about to invalidate a court order and request a rearrangement. Make sure you fall into any of the eligible parties for such a claim, have undisputed evidence to solidify it, and have hired an experienced lawyer to present you in court. If your aim is to ensure a good future and a sound life for your child, you will find the verdict resonating with it.