adoption is nullAn adoptee that is over the age of sixty wants the court to declare that her adoption is invalid, as reported by the New York Law Journal in an October 29th, 2012 news article.

The adoptee was born in 1946 and her parents received a divorce when she was about twenty years old.  Her father remarried again and her stepmother adopted her and her four siblings after her birth mother died. Today the adoptee over sixty years old has her own family as she has her own son and two grandchildren.

The elderly lady’s father died about eight years ago.  She brought a claim seeking to have the court declare that her adoption is invalid when she was adopted she did not know that her adoptive mother’s name would replace that of her biological mother on her birth certificate. The adoption occurred over forty years ago in 1970 when the court approved it. The adoptive mother has no problem with the request; therefore, she has given her consent to it.

Today the only way to declare that an adoption is invalid is if there was fraud involved or if there was a great cause that was beyond the parties’ control. The court does not easily declare an adoption to be void, as this affects the rights that an adoptee has when it comes to being an inheritor or beneficiary.

The elderly woman was not able to prove that any fraud was involved in her adoption. In addition, she has not explained why she has waited so long to seek this change now. As a result, the court did not grant her request.

If you are seeking the advice of an attorney, call (800) 660-5299. An experienced lawyer is recommended in matters of divorce and family court. Jayson Lutzky of Jayson Lutzky, P.C. has over 29 years of experience and has helped thousands of satisfied clients. Call his office or visit and set up a free initial in-person consultation.