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Reversing adoption in Oregon

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mgr

Junior Member
What is the name of your state (only U.S. law)? Iowa
I really need legal help and do not know where to start...
So in 2014 I found out that I had a daughter I never knew about, this child is with my ex-wives cousin, that was married at the time to one of my friends.
Yes she and I fooled around and years later she tells me she is my daughter, she at the time was 17 and had a two year old daughter herself. Once we started talking we wanted to meet so I just moved her from Oregon to Iowa with me.
Well I found out that my friend that I thought was her father signed away his rights and another man adopted her, So here what I'm dealing with and need legal advise with...My daughter lost her daughter to the state of Iowa due to drug use and I tried to get her back from the state and they told me that I have no legal rite because I'm not on my daughters birth certificate...what can I do legally???
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Iowa
I really need legal help and do not know where to start...
So in 2014 I found out that I had a daughter I never knew about, this child is with my ex-wives cousin, that was married at the time to one of my friends.
Yes she and I fooled around and years later she tells me she is my daughter, she at the time was 17 and had a two year old daughter herself. Once we started talking we wanted to meet so I just moved her from Oregon to Iowa with me.
Well I found out that my friend that I thought was her father signed away his rights and another man adopted her, So here what I'm dealing with and need legal advise with...My daughter lost her daughter to the state of Iowa due to drug use and I tried to get her back from the state and they told me that I have no legal rite because I'm not on my daughters birth certificate...what can I do legally???

Nothing.
******************************************.
 

CTU

Meddlesome Priestess
there is nothing I can legally do

You would have to get paternity first disestablished, and then establish your own, to even have standing (the right) to sue.

Where is the legal father? (the guy who adopted her)
 

Taxing Matters

Overtaxed Member
You would have to get paternity first disestablished, and then establish your own, to even have standing (the right) to sue.

Actually, since the daughter was adopted, disestablishing paternity would do nothing. The adoption determines who the legal father is now. Under Oregon law, one year after the adoption is completed it is binding and not subject to revocation. Specifically the Oregon statute states:

(3) After the expiration of one year from the entry of a judgment of adoption in this state the validity of the adoption shall be binding on all persons, and it shall be conclusively presumed that the child's natural parents and all other persons who might claim to have any right to, or over the child, have abandoned the child and consented to the entry of such judgment of adoption, and that the child became the lawful child of the adoptive parents or parent at the time when the judgment of adoption was rendered, all irrespective of jurisdictional or other defects in the adoption proceeding. After the expiration of the one-year period no one may question the validity of the adoption for any reason, either through collateral or direct proceedings, and all persons shall be bound thereby. However, the provisions of this subsection shall not affect the right of appeal from a judgment of adoption as may be provided by law.​

Or. Rev. Stat. Ann. § 109.381. Thus, unless there was some defect in the adoption proceeding such that the adoption would be void there appears to be no chance now to undo the adoption. Right now the OP is a legal stranger to the child and thus would have no standing to petition for either visitation or custody with his alleged grandchild.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Iowa
I really need legal help and do not know where to start...
So in 2014 I found out that I had a daughter I never knew about, this child is with my ex-wives cousin, that was married at the time to one of my friends.
Yes she and I fooled around and years later she tells me she is my daughter, she at the time was 17 and had a two year old daughter herself. Once we started talking we wanted to meet so I just moved her from Oregon to Iowa with me.
Well I found out that my friend that I thought was her father signed away his rights and another man adopted her, So here what I'm dealing with and need legal advise with...My daughter lost her daughter to the state of Iowa due to drug use and I tried to get her back from the state and they told me that I have no legal rite because I'm not on my daughters birth certificate...what can I do legally???

She was never your daughter to begin with...(I do understand that your legal question has been thoroughly answered.) Hell, you don't even know for sure that the girl is your daughter.
 

CTU

Meddlesome Priestess
Actually, since the daughter was adopted, disestablishing paternity would do nothing. The adoption determines who the legal father is now. Under Oregon law, one year after the adoption is completed it is binding and not subject to revocation. Specifically the Oregon statute states:

(3) After the expiration of one year from the entry of a judgment of adoption in this state the validity of the adoption shall be binding on all persons, and it shall be conclusively presumed that the child's natural parents and all other persons who might claim to have any right to, or over the child, have abandoned the child and consented to the entry of such judgment of adoption, and that the child became the lawful child of the adoptive parents or parent at the time when the judgment of adoption was rendered, all irrespective of jurisdictional or other defects in the adoption proceeding. After the expiration of the one-year period no one may question the validity of the adoption for any reason, either through collateral or direct proceedings, and all persons shall be bound thereby. However, the provisions of this subsection shall not affect the right of appeal from a judgment of adoption as may be provided by law.​

Or. Rev. Stat. Ann. § 109.381. Thus, unless there was some defect in the adoption proceeding such that the adoption would be void there appears to be no chance now to undo the adoption. Right now the OP is a legal stranger to the child and thus would have no standing to petition for either visitation or custody with his alleged grandchild.

Yeah ... that. All of that. What was in my head clearly wasn't what my fingers typed.
 

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