Monday, October 20, 2008

Divorce and Adoption

Everyone who is tuned into entertainment tabloids right now is aware that Madonna and her husband, Guy Richie are in divorce court. Many of you may remember that about two years ago, the couple adopted a little boy from Malawi. What does Madonna's divorce have in common with other less high profile divorces? Well, one thing comes to mind is what happens when a divorce happens shortly after an adoption of a child? Should the divorce help annul the adoption? From a legal perspective, I believe that once an adoption is final, there is nothing that can overturn the adoption absent fraud, however, there begs the question, if you are aware that your marriage is unstable at the time that you are adopting a child, and you divorce shortly after the adoption is finalized, is this something that should help determine whether the adoption should be overturned? Its an interesting question, and one that I'm sure many people have dealt with. My suggestion is that if your marriage is unstable, you should not bring a child, adopted or biological, into the marriage. It is unfair to the child and certainly unfair to the consenting biological mother or father who thought their child was being adopted by a stable, happy couple.

To read about the issues surrounding Madonna's adopted child and her divorce, see:

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