A working group for and by adult adopted people to develop a right to rescind your own adoption.
- Phase One: Meetings and discussion about the issue. Completed, and continuing.
- Phase Two: Drafting model legislation. Completed, with continuing discussions.
- Phase Three: Working with legislators to consider model legislation. In process.
Rescission: A Conversation
An Adoptees United What Next podcast episode on the topic.
Model Legislation
We have completed the initial draft of model legislation, though continued edits and changes are always under development from ongoing feedback. You can view the most recent draft here (the copy below may not always be as recent as the Google Doc).
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Latest Draft
DRAFT MODEL LEGISLATION: Adoption Rescission
Last Updated: Apr 16, 2024 4:30 PM CST
The people of the state of __________ do enact as follows:
Section 1. __________ of the statutes is amended to read:
Except as provided in [current law related to appeals from and finality of adoption orders], in no event may any person, for any reason, collaterally attack a judgment terminating parental rights more than one year after the date on which the period for filing an appeal from the judgment has expired, or more than one year after the date on which all appeals from the judgment, if any were filed, have been decided, whichever is later.
Section 2. ________ of the statutes is created to read:
(a) Notwithstanding [current law related to appeals from and finality of adoption orders], an adult adopted person, if at least 21 years of age, may file a petition to rescind the adopted person’s adoption. The petition shall be filed with the court of the county in which the adoption was granted. This section applies to an adult adopted person regardless of whether the adopted person was a minor at the time of adoption.
(b) The rescission petition shall contain the following information:
- The present name, place of residence, date of birth, and place of birth of the adult adopted person;
- If known, the name of the adult adopted person at the time of birth, if different from the adopted person’s present name;
- If known, the name of each legal parent at the time of termination of the former legal parent’s parental rights;
- The name of each adoptive parent at the time of the order of adoption, including any previous names used by the parents if applicable and, if known, the adoptive parent’s date and place of birth;
- If one or both adoptive parents are deceased, the date of death of each deceased adoptive parent; and
- A declaration indicating that the adult adopted person is legally competent, understands that a rescission of the adoption will terminate prior relationships with adoptive parents, that rescission is being pursued in their own free will and accord, and that it is in the adult adopted person’s own best interest to rescind the adoption. The adopted person may include any additional information he or she considers necessary to support this declaration.
(c) Before any hearing on the petition by the court under par. (d), the petitioner shall file with the court a copy of the adult adopted person’s current legal birth record.
(d) Upon receipt of a petition under this subsection, the court shall conduct a hearing. If the court determines that it is in the best interest of the adult adopted person, the court shall enter an order of rescission of the adoption. The rescission of an adoption shall be effective from the date of the order of rescission. The court may waive a hearing on good cause shown, if the adoptive parents join in the petition for rescission, or if the adoptive parents are deceased.
(e) It is presumed that it is in the adult adopted person’s best interest to rescind the adoption if the adopted person is at least 21 years of age or older.
(f) After entry of an order granting a petition under this subsection, the clerk of the court shall promptly provide a certified copy to the adult adopted person and, if requested by the adult adopted person, provide a copy to the state bureau of vital records and furnish any additional data needed for the state registrar to issue a new birth record that restores the information from an adoptee’s original birth record as set forth under section [current law related to birth records after an adoption annulment or rescission or to law directing creation of new birth record after an adoption].
(g) The restoration of the adult adopted person’s original birth record under this subsection does not in and of itself restore any legal rights or any legal relationship that was previously terminated upon a prior order of adoption. Unless ordered otherwise by the court, an order of rescission does not affect the termination of any prior parental rights of the former adopted person’s biological parents.
(h) An order of rescission of an adoption under this subsection does not in and of itself restore any of the rights, duties, and other legal consequences of any prior relationship between the petitioner and any birth parent who was previously terminated through an adoption order. All persons whose relationships to the adopted person were derived through birth parents shall remain completely altered and all the rights, duties, and other legal consequences of those relationships shall not be restored.
(i) After entry of the order of rescission, the adult adopted person is no longer an heir at law of a person who was his or her parent at the time of the order of rescission or an heir at law of the lineal or collateral kindred of that person, except that a right, title, or interest vesting before entry of the order of rescission shall not be divested by that order.
(j) The adult adopted person shall serve a certified copy of the court’s order of rescission on each former living adoptive parent.
Section 3. ____________ of the statutes is created to read:
If the state registrar receives an order under s. [provision above related to rescission] rescinding an adoption, the state registrar shall restore the original birth record to its original place in the file.