How Long after Adoption Can You Change Your Mind in Delaware?
If you're considering adoption in Delaware, you may be wondering about your rights and how long you have to change your mind after making this decision. It's a question that many birth mothers ask, and it's important to understand the legal timelines and your options.
The short answer is that in Delaware, you have 60 days from the date the adoption petition is filed to change your mind and revoke your consent. This window gives you time to be certain about your decision while also providing stability for the adoptive family and your baby.
Making an adoption plan is one of the most significant decisions you'll ever make, and it's natural to have questions, doubts, and concerns. Get free information about your rights, the legal process, and the support available to you—there's no obligation and no pressure.
Below, we'll walk you through Delaware's adoption laws, what happens during the revocation period, and how American Adoptions can support you through every step of this journey.
How Long Do I Have to Change My Mind After Adoption in Delaware?
In Delaware, once you sign your consent to adoption, you have 60 days from the date the adoption petition is filed with the Family Court to change your mind. During this time, you can file a petition asking the court to revoke your consent and dismiss the adoption petition.
Here's what you need to know about this timeline:
- The 60-day period begins when the adoption petition is filed with the court, not when you sign your consent
- To revoke your consent, you must file a formal petition with the Family Court
- The court will refer your petition to the adoption agency, which must submit a report within 30 days
- The court will then review your case and make a ruling
After the 60-day revocation period ends, your consent becomes final and irrevocable. At that point, you cannot get your baby back after adoption, and the adoption will move forward to finalization.
This legal framework is designed to protect everyone involved—giving you time to be absolutely certain while also providing the adoptive family and your baby with stability and security. For more information about adoption laws by state, you can explore how different states handle consent and revocation periods.
Adoption Consent in Delaware: What Every Birth Parent Needs to Know
Before we talk more about changing your mind, it's important to understand what consent means in the context of adoption.
Consent to adoption is your formal, legal agreement to allow your baby to be adopted by another family. In Delaware, you can only give consent after your baby is born—you cannot sign consent paperwork while you're still pregnant. Once your baby is born, you can provide consent at any time, as there is no mandatory waiting period in Delaware.
Your consent must be:
- In writing
- Notarized
- Signed in the presence of someone qualified to take consents, such as a judge or an agency representative
When you sign your consent, you're making a legally binding decision that will eventually become permanent. This is why it's so important to work with an experienced adoption specialist who will ensure you understand your rights, the legal process, and the permanency of adoption before you sign anything.
Can You Revoke Consent After Signing?
Yes, you can revoke your consent in Delaware, but only within the 60-day window after the adoption petition is filed. Here's how the process works:
If you decide you want to revoke your consent, you must file a petition with the Delaware Family Court asking them to revoke your consent and dismiss the adoption petition. You cannot simply call the adoption agency or tell the adoptive family that you've changed your mind—it must go through the legal system.
Once you file your petition, the court will refer it to the adoption agency. The agency must then submit a formal report to the court within 30 days. After the court receives this report, a judge will review your case and make a decision about whether to grant your petition.
During this time, the adoptive family will typically continue caring for your baby. If the court grants your petition to revoke consent, your baby will be returned to you.
It's important to understand that after the 60-day revocation period ends, you no longer have the legal right to change your mind. The adoption will proceed to finalization, and your parental rights will be permanently terminated.
Why Hormonal Shifts after Birth May Trigger Second Thoughts
If you're experiencing doubts or second thoughts shortly after giving birth, it's important to understand that your body is going through significant hormonal changes that can affect your emotions and decision-making.
After delivery, your body experiences dramatic hormonal shifts. Estrogen and progesterone levels drop sharply within the first 24 to 72 hours after birth. At the same time, your body produces oxytocin and prolactin—hormones that play key roles in breastfeeding and maternal bonding. Oxytocin is often called the "love hormone" because it's involved in bonding behaviors and triggers nurturing feelings. Prolactin, sometimes called the "mothering hormone," is central to milk production and may foster caretaking behaviors.
These hormonal changes are powerful and can trigger intense feelings of wanting to keep your baby, even if you felt certain about adoption throughout your pregnancy. The combination of dropping pregnancy hormones and rising bonding hormones can cause significant emotional swings in the days and weeks after birth.
These feelings are real and valid. However, research shows that postpartum hormones can take anywhere from a few weeks to several months to stabilize, with individual experiences varying significantly. For breastfeeding mothers, hormonal fluctuations may continue even longer.
If you're experiencing these feelings, reach out to your adoption counselor. They can help you understand what you're feeling and work through your emotions so you can make the decision that's truly right for you and your baby, whether that's moving forward with adoption or choosing to parent.
Doubt Happens— Remember Why You Chose Adoption
Having doubts is completely normal, especially in those first days and weeks after birth. But when those doubts arise, it's important to remember why you chose adoption in the first place.
You didn't make this decision lightly. You likely spent weeks or months thinking about your circumstances, your baby's future, and what would truly be best for both of you. If you felt strongly enough to create an adoption plan and choose a family for your baby, there were real, important reasons behind that decision.
Our adoption specialists have worked with birth mothers who changed their minds at the last minute, only to reach out weeks or months later filled with regret, wishing they could go back to their original adoption plan. By that time, the adoptive family had often moved forward, and the opportunity had passed. We share this not to pressure you, but to remind you to think carefully about the reasons that led you to adoption—and whether those reasons have truly changed, or if you're responding to temporary emotions.
Take time to reflect. Talk to your counselor. Think about your long-term situation and what you can realistically provide for your baby. And remember that whatever decision you make, it should be one you can live with for the rest of your life.
Hear from Birth Mothers Who Have Been In Your Shoes
Many birth mothers who have placed their babies for adoption have experienced the same doubts and fears you might be feeling right now. Here's what one birth mother shared about her decision:
"At first, I was scared I would regret my decision, but I don't. I know that I made the right choice for my daughter. She has a wonderful life with her adoptive parents, and I get to watch her grow through the photos and updates they send me. Choosing adoption was the hardest thing I've ever done, but it was also the most loving thing I could do for her."
You can find more stories from birth mothers at American Adoptions who have been where you are and who have found peace in their decision to choose adoption. Their experiences may help you understand the emotions of adoption and what life can look like after placement.
After the Revocation Period: What Happens Next in Adoption?
Once the 60-day revocation period ends and you have not filed a petition to revoke your consent, the adoption moves toward finalization. Here's what happens:
The adoptive family will continue caring for your baby while the legal process is completed. In Delaware, the Family Court must render a decision on the adoption petition within 60 days of receiving the required social study report. If the court determines that the adoption is in the best interest of the child, a final decree of adoption will be issued.
Once the decree of adoption is issued, the adoption is complete and permanent. At that point:
- The adoptive parents become your baby's legal parents with all rights and responsibilities
- Your parental rights are permanently terminated
- Your baby takes on the adoptive family's last name
- A new birth certificate is issued with the adoptive parents' names
This permanency is designed to provide your baby with stability and security in their new family. It also gives the adoptive parents the confidence to fully embrace their role as parents without fear of disruption.
Why Adoption Decisions Are Supported with Counseling
One of the most important safeguards in the adoption process is counseling. At American Adoptions, we provide free, professional counseling services to every birth mother throughout the entire adoption process—before placement, during placement, and after placement.
Counseling serves several important purposes:
- It helps you process your emotions about adoption and work through any doubts or concerns
- It ensures you fully understand your rights and the legal implications of your decision
- It provides emotional support during a challenging time
- It helps you prepare for what life will be like after placement
Our counselors are trained professionals who understand the complexities of adoption and the emotional journey birth mothers go through. They're here to support you—not to pressure you into any decision. Their goal is to help you make the choice that's truly right for you and your baby, and to ensure you feel confident and at peace with that choice.
What If I'm Still Unsure About Adoption?
If you're still feeling uncertain about adoption, that's okay. You don't have to sign consent paperwork until you're ready, and you shouldn't sign until you feel confident in your decision.
Here are some steps you can take if you're feeling unsure:
- Talk to your adoption counselor about your specific concerns and fears
- Take more time to think about your decision—there's no rush
- Review your circumstances and honestly assess what you can provide for your baby
- Consider what your life will look like in one year, five years, and ten years with and without your baby
- Reach out to other birth mothers who have been through the adoption process
Remember that adoption is permanent, and it's crucial that you feel certain about this decision before you sign any legal documents. If you need more time, take it. If you need more support, ask for it. American Adoptions is here to help you work through your feelings and make the decision that's right for you—whatever that decision may be.
How American Adoptions Supports Birth Mothers
At American Adoptions, we understand that choosing adoption is one of the most difficult decisions you'll ever make. That's why we're committed to providing comprehensive support throughout your entire journey, including:
- 24/7 Counseling: Licensed counselors available any time, day or night
- Legal Guidance: Experienced professionals who ensure you understand your rights and the legal process
- Financial Assistance: Help with pregnancy-related expenses, including rent, utilities, groceries, and medical bills
- Adoption Planning: Support in creating a plan that reflects your wishes, including choosing the adoptive family and determining your level of contact after placement
- Post-Placement Support: Ongoing counseling and resources to help you adjust to life after adoption
We've helped thousands of birth mothers navigate the adoption process, and we know how to provide the support, information, and compassion you need during this challenging time.
If you have questions about adoption in Delaware, your rights, or the support available to you, reach out for information today. There's no obligation and no pressure—just honest answers and genuine support from people who care about you and your baby's future.
You don't have to make this decision alone. We're here to help every step of the way.
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