If the adoption is disruppted does the child last name goes back to its orginal?
ByAlso does the child have a possiblity of returning to its biological parents if still/alive?
Do disruppted adoption always have the child go to foster care or orphanages?
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- How to refer to women who placed their child for adoption?
- What exactly is the difference between foster care and adoption?
4 Comments
April 7th, 2010 at 1:32 pm
No the child’s last name is not changed back–not here anyway; unless the adoptive parents request it. No the child would not be going back to it bio parents if it was removed due to neglect or abuse.
The child would probably be placed in a waiting adoptive home —if there is one for that particular child.
April 7th, 2010 at 1:40 pm
Once an adoption takes place it is, legally, as if the child’s previous information never existed. If the adoption is disrupted then the child goes into foster care or into the care of another family member (of their adoptive family).
If the child’s biological parents wanted the child back and were by then in a position to care for the child then they would need to apply like anyone else, pass the homestudy and background check process and then, if they were approved, they could adopt back the child that was originally born to them.
April 7th, 2010 at 2:02 pm
In the US if an adoption is disrupted that usually means the adoption was not finalized, so therefore, there was no amended BC. The child’s name was not changed.
The child retains the original BC. Usually, even if the adoption is completed and the child is relinquished by the adoptive parents, the child is still restored to the original BC, but not to the original family. The child remains in the foster care system.
If the relinquishment is overturned, that is a different
legal matter.There was no adoption and the relinquishment was not valid.The child may then be returned to the natural parents.
April 7th, 2010 at 2:17 pm
A lot of variables in this question. Ultimately, the laws vary from state to state. Generally, if a child was removed from birth parents due to abuse &/or neglect, and the bio parents rights were terminated, the child is never going back to those parents. However, sometimes courts do strange things, so “never say never”… As far as the name, unless someone requests the courts order a name change, the name does not change. If the child was adopted by another family, depending on the age of the child, it would likely change to that new family name. However, I have seen kids keep their bio name, it gives them a sense of belonging and their heritage. Generally when a placement is disrupted and the child is removed, the State bears the burnden of finding an appropriate home for the child. There are very few true orphanages, if any, still in the United States, but foster care is definitely likely.