Do birth mothers have any rights after the adoption is final?
ByWhat if she changes her mind after the adoption is final? Can she take the baby back? What if she wants to check on the baby? Does she have the rights to do that?
Related posts:
- How come natural mothers can’t get a Original birth certificate once an adoption is finalized?
- What legal rights do biological parents have in an “open adoption”?
- What option are there other than adoption, that will give the new parents irrevocable rights?
- What are a teenage boys rights when it comes to adoption of his child?
- Should birth mothers get paid for giving their babies up for adoption?
10 Comments
April 22nd, 2010 at 10:04 pm
In a closed adoption, no. Even in an open adoption, she cannot take the baby back.
April 22nd, 2010 at 10:29 pm
in an open adoption, she can visit and stuff but cannot take the baby back…in a closed adoption, no.
April 22nd, 2010 at 10:51 pm
No, she doesn’t have any rights, regardless of whether or not the adoption is open or closed. The adoption process effectively terminates any rights she had and transfers those rights to the adoptive parents.
Keep in mind as well that open adoptions are only open as long as the adoptive parents keep it that way. They can close it off at any time and for any reason since, as noted above, they have the rights to do so.
April 22nd, 2010 at 11:47 pm
Once the adoption is finalized she has no rights. The natural parents are giving up their legal rights to the child. There is something that some states have called a reclaim period in this time frame a natural parent can reclaim their natural child sometimes its as short as 48 hours or can be as long as several months, the longest I have heard is 6months. There are some states that do not have a reclaim period and once the papers are signed that’s it. Once a reclaim period has passed if there is one and the adoption is finalized the only way to get the child back would be to proof that the adoption was not legally done in some way or that the mother was coerced Coercing can be hard to proof.
Another way and it would be rare is that the adoptive parents would give up their rights then the natural parent would have to legal adopted the child in order to become the legal parent of that child again.
As far as checking in on the baby if there is an open adoption but those aren’t legally enforced so it’s really up to parents and natural parents to stay committed to their agreement. Even with open adoptions there are rules and boundaries unless one is in a very very open adoption one cant just call up whenever they feel or just drop by because it suited them, that’s if you happen to live in close proximity to the natural child and their adoptive parents. In most cases any visiting will be decided ahead of time. There is also semi-open adoption this is where the parents send updates a few times a year with photos and sometimes the natural parents will send things to them. The other thing about open adoption is it can always change with more contact or less it just really depends.
April 23rd, 2010 at 12:10 am
sorry sweety. you gave up your rights to that baby when you gave her to the adoptive parents. you should have gave it more thought before you put your baby up for adoption.
April 23rd, 2010 at 12:30 am
No, Once it’s done it’s done it is now their baby.
April 23rd, 2010 at 12:53 am
no, she has none. as long as its legal you have nothing to worry about.
April 23rd, 2010 at 1:46 am
Nope, sorry. What’s done is done. The natural mother may be able to check on the baby if she has an open adoption agreement and IF the adoptive parents honor the agreement. Most adoptive parents do not honor those agreements. Adoption agencies tell them to pretend that they want an open adoption knowing full well that they are not legally enforceable and can be closed at any time.
April 23rd, 2010 at 1:47 am
Nope, once the decision is final there is no turning back.
April 23rd, 2010 at 2:33 am
Sadly she doesn’t have any rights after an adoption is finalized. Just another reason it’s such a painful decision for most women to make.