Permanence and Parenthood: The Case for Abolishing the Adoption Annulment Doctrine

Abstract

As a general rule, the legal system intends the parent-child status to be permanent. Whatever the realities of the relationship between a biological or adoptive parent and his or her child as it unfolds over the years, in the eyes of the law, the connection is important and lasts until the death of either party. This Article focuses on the phenomenon of parents seeking to terminate the relationship status earlier, most often before their children reach adulthood. As described at length herein, two legal doctrines govern in this area: the termination of parental rights statutes enacted in every jurisdiction and the abrogation of adoption doctrine. The Article takes the position that the second of these doctrines, which sets out unique standards for the annulment or abrogation of adoption decrees, should be abolished.