Question

Can I contact my adopted child when he is 18?

Asked 7 November 2012 · 1 answer

The question

My son was taken away 5 years ago, when he was 11 years old. His dad abused him and I turned him in for it but I lost him nevertheless. My son has multiple emotional/mental handicaps such as bi-polar disorder, and autism. Because of these problems, his adoptive mom has allowed me to stay in contact somewhat. I have not been allowed to speak directly to him, but she has used me a source for helping my son with his issues. Today, my dreams were crushed when she told me that I will no longer be allowed contact and she has it under control from here on out. I've been looking forward to the day he turns 18 so I can see him again. His adoptive mom has said because of his emotional handicaps, he will need assistance for the rest of his life. He will never live on his own. I knew that he would always need help, but she is saying that she will not allow me to see him, even when he's an adult. I know with "normal" children, when they turn 18, biological parents have the right to find them, but do I have the same right with my son? Does he have the right to choose to know me? Please help me.

From the LawyerCentral forum archive. Originally posted 7 November 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 3 December 2012

You're correct that once the child has turned 18, the child will be an independent adult capable of making their own decisions. However if the child, now adult at 18, cannot provide for him or herself, the adopted parent must apply for guardianship. Courts will usually not dispute the transformation into guardianship for disabled persons, unless a person raises an issue with the guardianship. You should raise this issue at court, and try to establish some birth parental rights there.

Alternatively, what sort of adoption process did you have? There are actually different kinds of adoptions, closed adoption with no contact from birth parent, limited contact adoption, with exchanges of letters with birth parents or open adoption, where children and birth parents do interact. I don't know what the adoption papers are, but you might want to ask to see them. If they were open or limited contact adoption papers, then the adopted mother is illegally depriving you of your rights. If the adoption is closed though, you might have to fight your way through court.

Please find a family law attorney for legal advice. Best of luck.

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