Legal Question in Family Law in Utah

rescinding an adoption

my brother and I were adopted by stepmom after my mother died so that she could take care of us (doctors, school forms, etc.) while my dad traveled for work. Now that I am over 18 and there is no longer a need for her to be my ''legal mom'', I wanted to know if I could rescind the adoption so that my mom (although deceased) is the legal mom, and not my stepmom.


Asked on 2/17/04, 4:35 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: rescinding an adoption

I doubt that there is any way to "rescind." An adoption is a permanent transfer of legal rights. In order for you to become legally the son of your birth mother, her consent would be required. There is no "legal" reason to be adopted by a deceased person, and no means to accomplish it. Adoption is a process which transfers legal rights and obligations for the living, and includes the right to inherit from the adopting person - thus the problem. Take comfort in that your birth mother is still your mother, and you were fortuneate to have someone else to care for you after she passed. Not many get two mothers.

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Answered on 2/17/04, 6:49 pm


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