Can I Get My Baby Back After Adoption?
What to Know About Adoption Consent Revocation
Placing a baby for adoption is a big decision, and one that can cause some uncertainty for many prospective birth mothers. Many women considering adoption worry that they may later regret their decision, 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?”
Your adoption decision only becomes permanent when:
- your baby has been born
- you sign the legal paperwork consenting to the adoption, AND
- your revocation period passes
Once that happens, 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 give your child up for adoption until you are ready — 100 percent.
However, you will have opportunities to change your mind and discontinue the adoption process at any other point during your pregnancy. Here, learn more about your rights throughout your pregnancy and during the legal document-signing process.
If You Decide to Give a Baby Up for Adoption Before It’s Born, Can You Change Your Mind?
It is important to understand that nothing you do or say during your pregnancy commits you to adoption. You can contact American Adoptions at any time to learn more about your unplanned pregnancy options, with no obligation to proceed with adoption. Even if, early on, you agreed to put a baby up for adoption but changed your mind later in your pregnancy or after birth, you can stop your adoption process any time before you sign your adoption consent.
Because you are always in control of your adoption plan, you can always change your mind and discontinue the adoption process at any time during your pregnancy. Our adoption counselors will make sure you understand this and will offer you the support you need, whatever choice you are considering. If you decide to give a baby up for adoption before its born, you can always change your mind — and our counselors will be here to help you make the decision that is best for you.
Remember, your adoption decision does not become final until you give your consent 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 consent to adoption. Most states require a minimum waiting period before consent can be executed, 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. After your waiting period passes, you may sign the adoption consent forms 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’ll probably have an 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 Can I Get My Child Back After Adoption and Revoke My Consent?
You are likely considering adoption because you want to provide a stable home for your baby. 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?”
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.
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.
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?” Know 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. They can also assist you in exploring your options, explaining how to get your child back after adoption and beginning the legal process to revoke consent, if you decide that is what you need to do.
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