Can the natural parent or the adoptive parent change his/her mind after adoption?

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

The natural or adoptive parents generally have a limited window of time in which to change his or her mind, if there is an opportunity to do so at all. The specific amount of time will vary from state to state.

The Rules for Adoption

When birth parents decide to give up their children for adoption, they must sign adoption paperwork or there may be a hearing in which parental rights are terminated. This depends on whether a child is given up as a baby or an infant or as an older child, and depending on the laws of the state.

When an infant is given up for adoption, the birth parents usually terminate their rights by signing over the rights to the new adoptive parents. In some cases, once these papers are signed, the parent may no longer change his or her mind. In other cases, a waiting period exists and during this waiting period, the birth parent may change his/her mind, stop the adoption from being finalized, and resume responsibility for the child.

The time period within which the biological parent can revoke his or her consent is generally fairly short, usually 48 to 72 hours after birth, unless the parents live in a state that follows the Uniform Adoption Act. The Uniform Adoption Act allows a mother eight days from birth to revoke her consent. After the waiting period, the formal adoption will become final and the birth parents’ rights and obligations toward the child are terminated.

If an older child is given up for adoption, on the other hand, most often this is done through a hearing, called a termination of parental rights hearing, prior to the adoption. Generally, it is not possible for the birth parent to change his or her mind once this hearing has occurred.

Case Studies: Changing Parental Mind after Adoption

Case Study 1: Revoking Consent Within the Waiting Period

Sarah, a birth parent, decides to give her newborn baby up for adoption. She signs the necessary adoption paperwork, but in her state, there is a waiting period of 72 hours before the adoption can be finalized.

During this time, Sarah changes her mind and decides to keep the baby. She notifies the adoption agency, and her parental rights are reinstated, preventing the adoption from being finalized.

Case Study 2: Termination of Parental Rights Hearing

Michael and Lisa, adoptive parents, pursue the adoption of a 5-year-old child. Prior to the adoption, a termination of parental rights hearing is held, where the biological parents’ rights are terminated. Once the hearing takes place, the birth parents no longer have the ability to change their minds and the adoption process continues without their involvement.

Case Study 3: Legal Representation and Protection of Rights

David, a birth parent, is considering giving his child up for adoption. He seeks legal representation from an experienced adoption lawyer who helps him understand the adoption laws in his state.

The lawyer ensures that David’s rights are protected throughout the adoption process and provides guidance on the appropriate steps to take if he wishes to change his mind before the adoption is finalized.

Getting Help

If you are involved in an adoption, you should make sure that you have representation from a good lawyer. An attorney can help you understand the adoption laws in your state and he or she will do everything possible to protect your rights.  

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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