Can Birth Mothers Take Their Baby Back At Any Time?

Many adoptive families fear that the birth parents will be able to take back their child at any time -- even years later. However, this is not true. Although these stories are often portrayed in dramatized television movies, the truth is that adoption is a legal process in which the laws are very clear.

Once an adoption is finalized, the adoptive family is recognized as the child’s family by law. Although adoption laws vary state to state, the laws remain very clear. Despite sensationalized media stories in a few high-profile cases, post-adoption revocations are extremely rare and are usually a result of illegal or unsound legal practices.

Many adoptive families fear that ongoing contact with the birth parents following the placement of the child may lead to the birth parents “taking the child back.” However, this is untrue. Birth parents choose adoption because they care for their child. It is a normal response for them to want to know how their child is doing to reassure them that they made the right decision in placing their child for adoption. Some adoptive families choose to adopt internationally because they feel that they will not have this issue, instead they prefer to not have any contact with the birth parents. However, international adoption agencies have reported that birth parents in foreign countries also inquire about the children they placed for adoption.

American Adoptions allows each family to decide their level of post-adoption contact with the birth parents. While our agency does require that families agree to send pictures and letter to birth parents, this can be done confidentially through our agency to ensure that no identifying information is released.

In an international adoption, the children made available for adoption are considered to be orphans. All parental rights of the birth parents have been terminated, making it legally impossible for them to change their minds and take back the child.