Can Adoption Be Overturned

My question involves adoption law for the State of: current residence va, child born in pa

my husband adopted my 7yo son a few months ago. we've been married a little over a year, have been together since he was 3 and now have another child. When he was conceived, i was 17 and dating a lifelong friend. We ended up breaking peacefully when he was about 16 months. He, bio dad has always been involved and was supportive of the adoption, signed consent easily and all.
Here's the kicker:
A fling i had when i was young (at the time of conception) claimed he saw photos of my little one on my sister's facebook (ugh) and began contacting me, through her, claiming he has to be the father. I, can not agree to this as protection was used, though i know that's not always reliable. And we were only together once that month and not for a few months before that. I now worry though, because, he does resemble my son. Though both he & my son's bio dad are hispanic, similar features.
My concern is this:
If he were, out of some crazy fluke ((seeing as how we were together & the resemblance)) the real biological father, could this adoption be overturned because its so new? In all honesty, i never EVER even considered him as potential. My son's biological father consented the adoption and it's been finalized. After seeing his photos, im concerned. Oh, and< yes, he has expressed a desire for a paternity test bc he has 6 other children, so he says, and has a relationship with none??? whatever that means, im just going by the messages he sends my sister.

Thanks in advance!

At the time of the adoption WHO exactly was the legal father?

Not biological - LEGAL.


Did you serve ALL potential fathers at the time of the adoption?

his father, biological, the only potential candidate was informed. He consented and signed....
This new guy came out of nowhere, facebook, literally. Looking back, because we used protection and hadnt been together otherwise for two months prior to conception I cant see how he could be a candidate. So yes, i contacted all (the only) candidate at the time of the adoption. I didnt even think of him during this process. I mean, I didnt think of him since that time we were together!
As of now, my husband is Dad, prior to the adoption, Dad was Dad, even now as he is still active and around
Hope this clarifies!! thanks again

oh! legal, sorry, yes, the one who signed consent, signed the birth certificate, and acknowledgment of paternity at the hospital. hes been th only one for 7 yrs

So, biological Dad was legally established as father, correct? Before the adoption went ahead?

This is important.

well we never had a paternity test as we both saw no need for one. At the time of conception (i keep a menstrual calendar) i was only with my boyfriend, not the fling. And so i never though anything otherwise the dates were all wrong... Aside from that "legal" dad signed everything, we just always thought he is bio dad
the only reason i even think anything otherwise now is bc of the resemblance and his (fling's) claim that my son has to be his bc we were together around that time. this is all pretty frightening for both my husband and i. I understand fully that you have to answer to everything you do in life, either now, or during the Resurrection. But this is a little ridiculous! if he were to be the real bio dad, what could he do about the adoption. I only stress this bc looking at their photos side by side kinda makes me wonder. Im a nurse and i know dates of gestation can never be fully determined between 39-42 weeks and we were together within 2 weeks or so prior to conception....
i guess all im askin is if he IS bio dad, what can he do about our adoption?

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his father, biological, the only potential candidate was informed.

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At the time of conception (i keep a menstrual calendar) i was only with my boyfriend, not the fling.

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Im a nurse and i know dates of gestation can never be fully determined between 39-42 weeks and we were together within 2 weeks or so prior to conception....

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this is from the current affidavit of paternity used in PA. Based on your statements, I strongly suspect you did not fill out this section honestly. As such, you committed fraud and might have caused yourself a lot of problems.

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SECTION II (TO BE COMPLETED BY MOTHER ONLY)
1. I had sexual intercourse with another man (other than the man I an naming as the child’s natural father)
during the time 30 days before or 30 days after the child was conceived. Yes No
(If Yes, complete the following).
a. The name(s) and address(es) of the other man/men:
b. The other man/men are biologically related to the man I am naming as the child’s natural
father. Yes No If Yes, explain the biological relationship (e.g., brother, cousin,
uncle, etc.)”
c. I do not believe the other man/men is/are the father because:

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Quoting adoption trouble

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well we never had a paternity test as we both saw no need for one. At the time of conception (i keep a menstrual calendar) i was only with my boyfriend, not the fling. And so i never though anything otherwise the dates were all wrong... Aside from that "legal" dad signed everything, we just always thought he is bio dad
the only reason i even think anything otherwise now is bc of the resemblance and his (fling's) claim that my son has to be his bc we were together around that time. this is all pretty frightening for both my husband and i. I understand fully that you have to answer to everything you do in life, either now, or during the Resurrection. But this is a little ridiculous! if he were to be the real bio dad, what could he do about the adoption. I only stress this bc looking at their photos side by side kinda makes me wonder. Im a nurse and i know dates of gestation can never be fully determined between 39-42 weeks and we were together within 2 weeks or so prior to conception....
i guess all im askin is if he IS bio dad, what can he do about our adoption?

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As JK has pointed out, there may be a serious issue here.

You really need to speak with a local attorney.

Forgive my ignorance.... but after all this time, with a legal father listed, would anyone else still have standing to even contest this?

Yeap.

Fraud is one of the few reasons an adoption can be overturned.

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Quoting Dogmatique

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Yeap.

Fraud is one of the few reasons an adoption can be overturned.

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Even when it was in good faith? Or is there an exception for that? 7 years is a loooong time.......

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Quoting mamabear2102003

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Even when it was in good faith? Or is there an exception for that? 7 years is a loooong time.......

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what good faith? the affidavit clearly asks a question of sex with another person within 1 month of conception. OP stated she had sex within 2 weeks of presumed conception.

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Quoting jk

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what good faith? the affidavit clearly asks a question of sex with another person within 1 month of conception. OP stated she had sex within 2 weeks of presumed conception.

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Ditto!!!!!

Ok, I get it. I was looking at the time statutes of two years that are so often mentioned...... Sorry guys, good thing that you are all on the ball.

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Quoting jk

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this is from the current affidavit of paternity used in PA. Based on your statements, I strongly suspect you did not fill out this section honestly. As such, you committed fraud and might have caused yourself a lot of problems.

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Would you happen to know if this is how the affidavit was worded 7 yrs ago?

That is something the OP should look into when she consults with a local attorney.

No I don't. That is why I stated it was a current affidavit. That is also why I was not overly definite in my statements.

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That is something the OP should look into when she consults with a local attorney.

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absolutely