Many women considering adoption experience moments of doubt, wondering, “What if I change my mind? Can I give my baby up for adoption and get her back later? If I need to, how can I get my child back after adoption?” The quick answer is no – you can’t change your mind later. Make sure you call an Adoption Lawyer to discuss this to make sure because laws change all the time.
Your adoption decision becomes permanent when:
• Your baby has been born
• You sign the legal paperwork consenting to the adoption, and
• Your revocation period passes.
This also depends on what state live in.
Once the revocation period passes, there is no way for you to reclaim your child or your parental rights. If you “give a child up” for adoption, you cannot try to get the child back later, in the best interest of the baby at the center of the adoption. That’s why it’s so important that you do not place your child for adoption until you are ready. However, you will have opportunities to change your mind and discontinue the adoption process at any other point during your pregnancy.
Your adoption specialist will be by your side through every twist and turn of your adoption process. They will be there to answer your questions and counsel you through any uncertainty you might have so that you can be confident you are making the right decision for you and your baby, whether that be adoption or parenting. If you have any doubts at all, contact your specialist so that you can talk through what you’re feeling.
It is important to understand that nothing you do or say during your pregnancy commits you to adoption. You can contact Utah Adoptions at any time to learn more about your unplanned pregnancy options, even if you are still unsure about adoption. When you call, you can get free information and support to help you better understand the adoption process, so you can decide whether this option is right for you. Then, if you decide you do want to move forward with adoption, our specialists can help you start the process. Even if, early on, you agree to put a baby up for adoption but change your mind later in your pregnancy or after birth, you can stop your adoption process any time before you complete the adoption paperwork.
Remember, of your adoption plan. This means you get to make all the important decisions, like:
• Choosing the perfect adoptive family who can provide the life you envision for your baby
• Deciding what type of relationship you want to have with the adoptive parents and your child after the adoption
• Determining how you want every step of the process to go
Remember, your adoption decision only becomes final when you complete the paperwork after the birth of your baby. Until then, you have every right to change your mind and decide to parent your child.
Agreed to Put a Baby Up for Adoption But Changed Your Mind After Delivery?
Because choosing adoption is a big decision, many prospective birth mothers ask, “If I give my baby up for adoption, what time frame do I have to change my mind after I give birth?”
You should know that:
• Every state has laws regarding when and how a prospective birth mother can complete adoption paperwork.
• Most states require a minimum waiting period before you can complete this step, ranging from 12 hours to several days after birth.
• These waiting periods are designed to give you time to emotionally and physically recover from childbirth, reflect on your adoption decision, and allow any medications that may potentially cloud your judgment to leave your system.
This can be an emotionally challenging time for many prospective birth parents, but your adoption specialist will be there to help you through it.
Randi, a birth mother who placed her daughter, Samantha, through an Adoption Agency, remembers how emotional this time was for her. She took her time before making her decision, using it as an opportunity to spend precious time with her baby.
“I asked to have an hour alone [with her] before I actually signed the papers,” Randi said. “I pretty much just stared at her the whole time… It was heartbreaking, but there was never a time that I didn’t feel like it felt right.”
After your waiting period passes, you may sign the adoption paperwork whenever you are ready. Your adoption specialist or an adoption attorney will ensure you understand the legal consent process when it is time to sign these forms. During this time, you may have another important question: “How long after you give your child up for adoption do you have to get them back?” Your adoption attorney will answer this, but you can also find some information on this topic below.
How to Get My Child Back After Adoption and Revoke My Consent?
You are considering adoption because you love your baby and want to provide a stable home for him or her. However, some birth mothers experience feelings of doubt or regret after signing. While it is rare, some women even find themselves thinking, “I gave my baby up for adoption, and I want her back.
Can you ‘unadopt’ a kid?”
The short answer is no.
Here’s what you should know:
• Because adoption is meant to create permanence for children, most state laws limit the rights of birth parents to withdraw their consent.
• However, in some states, you may have the right to revoke your consent, and the court may reinstate your parental rights under certain conditions or within a certain timeframe.
• How long you have to get them back after giving your child up for adoption will depend upon your individual state’s laws, so an attorney will always explain this process in detail to you.
But, before revoking your consent, it is important to consider whether you are truly making the best possible choice for yourself and your baby. Remember that feelings of grief, loss and doubt are completely normal and to be expected, especially immediately after placement.
“Honestly, just sit down and think about the best interest of your child,” she said. “You’re going to contemplate the decision a hundred times but, at the end of the day, you’re going to know what’s right for you and what’s right for your child.
There may be a specific reason you are interested in revoking your consent. Many times, women wonder, “If the adoptive family breaks an open adoption contract, can I get my child back?” This is a complicated situation.
In some states, an open adoption is legally enforceable with a post-adoption contact agreement. However, other states do not have laws in place to enforce post-placement contact. A court will not let you “adopt your child back” if this kind of situation occurs; they will just work to enforce the terms of your open adoption agreement. No matter your legal birth mother rights in open adoption, American Adoptions will continue to facilitate your relationship after placement and ensure your child’s adoptive parents are honoring their commitment to you.
If you are considering withdrawing your consent, talk with your adoption specialist or legal counsel. They can help you determine whether you are just experiencing a normal moment of difficulty, or whether adoption truly is not the right choice for you.
How Long After Adoption Can The Mother Change Her Mind?
Because adoption laws are different in each state, the rights of the birth mother vary. But there are general guidelines that the states stick to in terms of parental rights. Read on to learn how long after adoption a mother can change her mind.
Depending on the mother’s birth plan, the adoptive family may be at the hospital during or after the delivery. Whether the adoptive parents are present or not, they are not the child’s legal guardians until the mother signs the TPR. TPR stands for termination of parental rights. This document confirms that the mother is giving up her rights to be the parent of the child.
Once the baby is born, there is a set period of time in which the mother must retain her parental rights. This period varies by state but generally falls between 48 and 72 hours. In Texas, birth mothers must keep their parental rights for 48 hours. After this, she can sign away the rights so the adoptive parents can become legal guardians. But during the period that the mother has her parental rights, she can change her mind about the adoption.
Can You Get Your Child Back After Being Adopted?
But what about the birth parent’s rights after the adoption is finalized? Can a biological parent regain custody after adoption? In some states, parental rights revocation is allowed. This means that the birth parents’ rights after adoption include the ability to take back consent.
If the birth mom changes her mind after the adoption papers are signed, there may be a revocation period. During this time, the adoption has already been finalized, but the birth mother can still change her mind about the adoption. According to Adoption Act, an agency adoption can only be revoked if both parties agree. But there is an exception. “If the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.”
Some states have shorter revocation periods like Kentucky (20 days). Other states do not allow for a revocation period unless there are special circumstances. In Utah, a direct placement adoption is revocable for ten days, but not in all cases. Be sure to look into the revocation period guidelines to understand birth parent’s rights in your state. In some cases, the revocation period is not within the birth parents’ rights after adoption. If the birth mother signed a Waiver of the Right to Revoke Consent, then she cannot get her child back after the adoption is complete.
In some situations, the birth mother signs a document that specifies irrevocable consent, whether with the state or an adoption agency. This means that the birth mother cannot change her mind about the adoption.
So, can you get your child back after being adopted? The answer depends on the time frame, the state laws and the type of agreement that the birth mother agrees to. In many cases, going back on the adoption is difficult or impossible.
Can A Biological Parent Regain Custody After Adoption?
No. Not usually. Very rare if ever. I’d say less than a 1% chance. A birth mother experiencing regret may wonder, “are adoptions final?” In most cases, the answer is yes. Adoption is a legal process that follows specific regulations from the state and government. Because the termination of parental rights is a legally binding document, regaining custody after adoption is extremely unlikely.
Child welfare laws specify, “Adoption is meant to create a permanent and stable home for a child; therefore, a validly executed consent is intended to be final and irrevocable. As a result, the right of a birth parent to revoke consent is strictly limited.”
So can you ever get your child back after being adopted? The revocation period mentioned above is the best option for regaining custody of an adopted child. If the period has passed, there is likely no legal option for reversing the adoption process.
Laws on Adoption
After your baby is born, the amount of time you have to change your mind depends on which state you live in. Most states have a revocation period of at least a few days that will allow you time to reconsider. Typically, waiting periods range between 3 to 10 days after you sign the official paperwork. An adoption attorney can help you understand your rights, and make sure that you’re fully informed before you sign anything.
Here are some common reasons women have for choosing adoption:
• Unable to support a child financially
• Don’t have a safe environment for raising a child
• Parents won’t let you live at home with your baby
• Baby’s father won’t provide child support, so you’d be raising a child alone
• Too young to become a mom
• Already have children, and can’t raise another
• Raising a child will get in the way of your future plans
• Want to provide your child with a better life than the one you can right now.
• Can’t go through with an abortion, or it is too late in the pregnancy to have one
Take the time to truly consider your feelings, plans, and what will work in the long-term. Be honest with your adoption agency and communicate clearly both them and the adoptive parents you’ve already chosen to adopt your baby.
Free Adoption Consultation
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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