Can Parental Rights Be Reinstated After Voluntary Termination? (Missouri)

Seeking Legal Advice
1

Hi folks…

I’m in a bit of a complicated situation and would appreciate your input. Almost 10 years ago, my son’s biological father voluntarily terminated his parental rights when my son was 4 so that my husband could adopt him. Since then, the dynamics have changed, and we’ve decided to allow the biological father to be involved in my son’s life, like attending birthday parties and athletic events.

My concern is whether this decision could put us at risk. Does the biological father have a chance of reinstating his parental rights now that we’re letting him be a part of our son’s life? I want to make sure we’re making the right choice for everyone involved. Any advice would be greatly appreciated. TYIA…,.a

2

No. Once you relinquish rights, you cannot regain those rights back. They are removed from you by the courts, and then given to someone else.

3

Almost certainly, no, there’s no chance for reinstatement.

Since the biological father voluntarily terminated his rights and your husband legally adopted your son, your husband is now your son’s legal father. The biological dad no longer has any legal relationship with the child. Plus, it’s been 10 years, and in Missouri, the statute of limitations for adoptions is typically just one year.

4

If he’s been adopted, then no, I think he would just be another adult in your son’s life, as far as the courts are concerned.

This is one to ask a family law attorney in your jurisdiction to make extra sure though.

5

I agree with all this. Consult a lawyer just to be safe

But it was done voluntarily, the child has two legal parents, and the process happened almost a decade ago, there’s not much that can change the situation

6

I’d be surprised if having two parents would matter. Why would they mothers choice to stay single after this/not have a partner adopt(I know that doesn’t apply in this situation) mean that the parent who terminated their own rights be allowed to just have them back on a whim. Makes no sense to me