Adoption is intended to be permanent, and it can be rescinded only in limited circumstances. Under the law, rescission of adoption is generally available to the adoptee, on grounds such as repeated physical or verbal maltreatment by the adopter, attempt on the adoptee's life, sexual assault or violence, or abandonment and failure to comply with parental obligations. The adopters generally cannot rescind the adoption; instead, they may disinherit the adoptee for causes the law allows. On rescission, the reciprocal rights and obligations between adopter and adoptee are terminated.
Adoption creates a permanent parent-child relationship, so it is not easily undone. But the law recognizes that in serious cases — usually of abuse — the bond may be rescinded.
Adoption Is Meant to Be Permanent
The whole purpose of adoption is to give the child a permanent, secure family with the full status of a legitimate child. For that reason, the law disfavors undoing it and allows rescission only on specific, serious grounds. It is not a relationship the parties can dissolve at will.
Who May Seek Rescission
A key point: rescission is generally the adoptee’s remedy, not the adopter’s. The adoptee (through a guardian or counsel if a minor, or on their own if of age) may petition to rescind the adoption. The adopters, as a rule, cannot rescind the adoption they entered into — the law does not let a parent simply give the child back.
The Grounds
The adoptee may seek rescission on grounds involving the adopter’s serious misconduct, such as:
- Repeated physical and verbal maltreatment by the adopter despite having undergone counseling;
- Attempt on the life of the adoptee;
- Sexual assault or violence; and
- Abandonment or failure to comply with parental obligations.
These mirror the reality that rescission exists to protect the adoptee from an adopter who has grievously failed or harmed them.
The Adopter’s Alternative: Disinheritance
Since adopters generally cannot rescind, what can an adopter do if the adopted child seriously wrongs them? The law gives them the same tool available to any parent: disinheritance. An adopter may disinherit the adoptee for the causes the Civil Code allows for disinheriting a child (such as an attempt on the parent’s life or serious maltreatment), done properly in a will. Disinheritance affects inheritance rights but does not undo the adoption itself.
The Effects of Rescission
If rescission is granted, the reciprocal rights and obligations of the adopter and adoptee are terminated. Generally:
- Parental authority of the adopter ends, and, if the adoptee is still a minor, it may be restored to the biological parents or a guardian appointed;
- The adoptee’s use of the adopter’s surname and the mutual successional rights are affected, restoring, where applicable, the adoptee’s original status; and
- Vested rights acquired before rescission are generally respected.
The rescission must be recorded in the civil registry to update the records.
Practical Advice
- If an adopted child has been abused by the adopter, rescission is a protective remedy the adoptee may pursue.
- Adopters cannot simply undo an adoption — their remedy for a wayward adoptee is generally disinheritance, not rescission.
- Because rescission is serious and its effects far-reaching, it should be handled with counsel and, for a minor, with the child’s protection foremost.
Frequently Asked Questions
Can an adoption be undone? Only in limited circumstances. Adoption is meant to be permanent, and rescission is generally available to the adoptee on serious grounds like repeated maltreatment, attempt on their life, sexual assault, or abandonment by the adopter.
Can the adopters rescind the adoption? As a rule, no. Adopters generally cannot rescind the adoption. Their remedy for a wayward adoptee is disinheritance for the causes the law allows, done properly in a will, which affects inheritance but does not undo the adoption.
What are the grounds for rescission? Repeated physical and verbal maltreatment by the adopter despite counseling, attempt on the adoptee's life, sexual assault or violence, and abandonment or failure to comply with parental obligations.
What happens if an adoption is rescinded? The reciprocal rights and obligations of adopter and adoptee are terminated, parental authority ends, and the adoptee's surname and successional rights are affected, restoring the original status where applicable, with vested rights respected.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If an adopted child has been harmed, or you have questions about the permanence of an adoption, our firm can advise you. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.