Adoption is a life-changing experience, but for some families, it can come with unexpected challenges. One of the most complex and emotionally difficult situations arises when an adoption becomes contested. In these cases, the rights of birth parents, adoptive parents, and even extended family members may conflict, leading to legal battles that can delay or even disrupt the adoption process.

At Cofsky & Zeidman, LLC, we have extensive experience handling contested adoptions. Attorney Donald C. Cofsky, with more than 25 years of legal expertise, has guided numerous families through these difficult situations. In this blog, we’ll explore the key aspects of contested adoptions, the reasons they occur, and how to protect your family’s interests.

What Is a Contested Adoption?

A contested adoption occurs when one or both birth parents, or other parties with legal rights to the child, oppose the adoption. This often involves a biological parent changing their mind after initially consenting to the adoption or a situation where the biological parent was not fully informed or involved in the decision.

In many cases, the dispute revolves around the termination of parental rights, which is a legal requirement for an adoption to proceed. If the biological parents do not voluntarily relinquish their parental rights, the court may need to intervene to determine the best course of action for the child.

Common Reasons for Contested Adoptions

There are several reasons an adoption may become contested, including:

1. Change of Heart by the Birth Parents: In some cases, a birth parent may initially consent to the adoption but later have a change of heart. This is particularly common in private adoptions, where the birth parents may be more personally involved in the process.
2. Uninvolved Biological Parent: If one parent consents to the adoption but the other parent has not been informed or has not consented, that uninvolved parent may later contest the adoption.
3. Extended Family Involvement: Sometimes, extended family members, such as grandparents or other relatives, may contest an adoption, especially in situations where they believe they have a right to custody or visitation.
4. Fraud or Coercion Claims: A birth parent may claim that they were coerced into giving up their parental rights or that they did not fully understand the adoption process. These claims can lead to legal disputes that must be resolved in court.

How to Protect Your Family During a Contested Adoption

Contested adoptions can be stressful and emotionally draining, but there are steps you can take to protect your family and ensure that the adoption process proceeds as smoothly as possible.

1. Work with an Experienced Adoption Attorney: One of the most important steps you can take is to work with an attorney who has experience handling contested adoptions. At Cofsky & Zeidman, LLC, we have represented families in numerous contested adoption cases and understand the complexities involved. We can help you navigate the legal system and protect your rights as adoptive parents.
2. Ensure Proper Consent Is Obtained: Before proceeding with an adoption, it’s critical to ensure that all parties involved, particularly the biological parents, fully understand the process and provide their informed consent. This can help prevent legal challenges down the road.
3. Understand the Birth Parent’s Rights: It’s essential to be aware of the legal rights of the birth parents throughout the adoption process. In many cases, birth parents have a limited period during which they can revoke their consent, depending on state laws. Being aware of these timeframes can help you prepare for any potential challenges.
4. Be Prepared for Court Proceedings: If an adoption becomes contested, the case may go to court, where a judge will decide the outcome. It’s important to have legal representation that understands the nuances of adoption law and can present a strong case on your behalf.
5. Maintain Open Communication: In some cases, open and honest communication between the adoptive and birth parents can help resolve disputes before they escalate. However, in more contentious situations, it may be necessary to limit communication and let your attorney handle negotiations.

The Role of the Courts in Contested Adoptions

When an adoption is contested, the court’s primary concern is the best interests of the child. The judge will carefully weigh factors such as the child’s relationship with the birth parents, the stability of the adoptive home, and any claims of fraud or coercion.

In many cases, contested adoptions can take months or even years to resolve, depending on the complexity of the case and the willingness of the parties to reach an agreement. This is why having an experienced attorney by your side is essential.

How Cofsky & Zeidman, LLC Can Help

At Cofsky & Zeidman, LLC, we understand the emotional toll that a contested adoption can take on your family. Our team has the experience and legal expertise to help you navigate these difficult situations and protect your family’s future. With over 25 years of experience and more than 1,500 adoptions handled, we are committed to helping families achieve the best possible outcomes.

If you’re facing a contested adoption, contact us today to schedule a consultation. We’ll work with you to develop a strategy that protects your rights and helps you move forward with confidence.