My Adoption Petition Was Denied, What Can I Do?

 Posted on July 28, 2021 in Family Law

The adoption process typically involves a great deal of complexities and obstacles before you can welcome your adopted child home. In the face of such adversities, it may seem like the easiest option is to give up. However, there are actions you can take to overcome these hurdles and successfully become an adoptive parent. An obstacle that prospective adopting parents should be aware of is the possibility of their adoption petition being denied. Unfortunately, even relatives to the child or stepparents who have helped to raise the child may be denied at this point. This rejection can be combated by appealing the decision in court.

Reasons a Petition May Be Denied

While it is unlikely for an adoption to be denied, it is still possible and needs to be considered when maneuvering through the adoption process. There are a wide range of reasons why your petition for adoption may be denied, including the following:

• You have a criminal felony on your record that you failed to disclose in your application

• Your references for adoption were weak or negative

• You have a serious or life-threatening medical problem 

• You are unable to provide the child with financial security

Specifically for stepparents who are trying to strengthen the bond with their spouse’s child, this denial can be particularly devastating. It is incredibly important to consider the child’s best interests before moving forward with adoption, as they may wish to maintain their relationship with their biological parent. One uniform characteristic across all adoptions is that the biological parents (including noncustodial parents) who still have parental rights must consent to their child being adopted. If the biological noncustodial parent refuses to give consent for a stepparent adoption, the petition will likely be denied.

How to Appeal the Denied Petition

Facing denial when attempting to adopt can be a difficult pill to swallow. Fortunately, a denial does not have to be the end of the road. Appealing the denial of an adoption petition can allow you to make corrections in the original adoption filings and prove why the petition should be approved. With the help of an adoption attorney, you can better protect your rights to reverse the erroneous decision and provide a child with a happy home.

A vital factor in appealing this decision is the strict deadlines by which the appeal must be filed. As soon as you are aware of the rejection, it is highly recommended that you contact an attorney to start the appeal process immediately. With the deadlines in mind, your attorney will be able to study the court’s decision and take action. The next step will be to review the paperwork initially filed and double-check for errors and omissions. It is crucial to have an understanding of the legal standards and expectations set by the courts in order to have a successful appeal.

Contact Our Oakland County Adoption Lawyer Today

Adopting a child is a life-changing experience, most often pursued with the purest intentions. However, no matter how fit of a parent you may be, your adoption petition could still be denied for various reasons. In the event that your adoption petition was denied, a knowledgeable Farmington Hills adoption lawyer can help you appeal this decision. Contact Elkouri Heath, PLC today by calling 248-344-9700 to set up a free consultation.

Sources:

http://www.legislature.mi.gov/(S(e2wknklb1d1mjc2ghqq3121i))/mileg.aspx?page=getObject&objectName=mcl-710-56

http://www.legislature.mi.gov/(S(sdu0nztzvgy4ltxnjzsaascq))/mileg.aspx?page=LoadVirtualDoc&BookmarkID=6495

https://www.childwelfare.gov/pubpdfs/background.pdf