If an adoptive child's biological parent surfaces up after 12 years, can they legally take the child back?

Technically, they can try if they are in a state that does not apply the time limit (usually a year after finalization) to cases of fraud. How likely are they to succeed? I'd give them a .01% chance.

The only time I've even read about a child going back 4 to 5 years later is when proceedings started within the time limit and by the time it went through the court system (sometimes in 2 different states), years had gone by.

I couldn't imagine a judge granting something like that except in a very rare circumstance i.e. APs have died and there is no one to take the child so the biological parents petition to readopt or something like that.

No. If they either signed a termination of parental rights or had their rights terminated by court/judge, then that's it. They can't regain custody unless the adoptive parent or legal guardian agrees.

A termination of parental rights can be appealed, but with the biological parent out of the picture for twelve years, an appeal is highly unlikely to be heard, is even less likely to be won, and it's probably too late by law for an appeal, though how long the decision can be appealed varies from state to state.

The biological parent can't legally take the child back at this point. It's much too late for that.

The general precedent in these cases are no. However, rogue judges like to make the rules up as they go. I'm not trying to scare you b/c the chances of you getting some stupid judge like that is 1 in a million. If the biological parent petitions the court for rights, the judge will look at what is best for the child, which I'm sure would be keeping the child in your home. If the parent has resurfaced against your wishes and you feel threatened in any way, get a restraining order to protect you and your child.

Oh, I just remembered, there was a case here in Alabama where a biological father petitioned the courts to get his child back after the mother gave the child up for adoption. Not only did the father not get the child, he did not get visitation, and the judge made the father pay child support since he was claiming rights to the child.

No. After they gave up their rights and 12 years has already went by then I highly doubt a judge will let the biological parents take the child back.

No, they can not "take the child back". Once a relinquishment or a TPR is complete the bio parents have no legal right to the child in any way shape or form.

If the biological parents -- both mind you -- have relinquished their rights, then the adoptive, true parents remain just that.

For the sake of the child, I hope that the biological parents maintain a low profile and don't drag a child through the nightmares of a public face off.

Ofttimes it is worse than a divorce on a child.

if they signed over all rights than no they can not take the child away if it was an open adoption then they might have a chance with a judge

nope. They signed away their rights to that child.

However they could ask to be in the child's life more or to see the child once a year, but the adoptive parents have legal right to say no.

If the people adopted the child through the correct channels, signed the correct documents then no.

Did you know that as soon as biological parents sign the documents reliquishing all responsibility for the child, they are no longer permitted to contact that child?

Even after the age of 18!

Its up to the adoptee after that!

according to my lawyer and judge they can't. when we adopted our son his birth mother was only 14 and she and her mom both were there and signed before they did this the judges explained to her very clearly that in signing the papers it give up all rights and she will not be able to ever come back and take the child they said upon signing the child was forever ours and she would never for any reason be able to change her mind. her and her mom both signed. and I was still a little worried as i'm sure all of us are so i talked it over with my lawyer again and he assured me there was no way she could ever come back. now that may just be my state which is Utah I'm not sure on that one.