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Rescinding the Adoption For example, in California, if the birth parent changes their mind they may be able to rescind an independent adoption through an adoption agency within 30 days.
As per HIndu Adoptions and Maintenance Act, 1956, Sec 15, No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can be adopted child renounce his or her status as such and return to the family of his or her birth. So, valid adoption cannot be cancelled.
The only way for a biological parent to regain custody after the adoption is to prove that consent to the adoption was provided under fraud, duress, or coercion.
You may be able to obtain a copy of the original birth certificate by filing a petition under California Health and Safety Code Section 102705 in the clerk's office of the county superior court where you reside (if you live in California), or the county where the adoption was finalized.
A birth mother or biological parents who have given their child up for adoption cannot get the child back once the adoption has been legally finalized. That is because parental rights have been completely terminated from the biological parents and transferred to the adoptive parents.
Your county adoption court clerk should be able to give you a packet of forms to start the process. There is a $20.00 court filing fee to start the case.
Once they know about the adoption, they have the right to file a legal action to ask the court to stop the adoption. As a practical matter, however, most alleged fathers never take this step, even those who seem very adamant and vocal about preventing the adoption.
Contact the county clerk in the county in which you were adopted and ask for guidance on filing a petition to unseal your California Department of Health adoption records. You can complete the petition process and file your petition with the court of record in the county in which you were adopted.