It is possible to undo an adoption in Minnesota. If you are wondering why someone would go through the process only to change his or her mind, try to mix up the variables: Perhaps the biological parents want their child back, perhaps the child wants to be emancipated, or perhaps the adoptive parents are physically unable to care for the child. A court would likely decide the matter based on the best interest of the child.
For the case in Long Island that we began talking about in our last post, the court may follow the best interest principle. The adoptive parents, however, have argued breach of contract and fraud. The children they adopted from Russia may be in the best possible situation considering their psychological and developmental issues, but the parents intend to show the court that these children are not what they bargained for.
It may sound harsh, but this couple's story is extremely unusual. They claim, for example, that the Russian and American agencies they worked with pulled a bait and switch on them -- the child they agreed to adopt was not the child delivered to them.
The couple started the adoption process in 2006. In 2008, they were matched up with two children from Russia. The agencies told them that the children, ages 6 and 8 at the time, were siblings and were "healthy and socially well-adjusted." One of the agencies did mention that the kids had "minor developmental delays," not unheard of for children from that part of the world.
One of the children visited for a few weeks over the summer of 2007. The couple visited the other child in Russia for a bit as well. On their visit to Russia, a girl introduced to them as the half-sister of the two adoptees gave a little family history. Their mother was in drug rehabilitation, their father in prison. At that point, it seems, they were already determined to go through with the adoption.
When the children arrived, the couple quickly figured out that there were some key facts left out of the paperwork.
To be continued.
Source: The Daily Beast, "Couple Sues Over Russian 'Bait-and-Switch' Adoption of Disabled Kids," Tina Traster, Oct. 30, 2014