When a birth mother changes her mind regarding adoption, the adoptive parents may feel angry and disappointed. Parents who go through the adoption process may invest thousands of dollars hiring attorneys, drawing up contracts and paying the expenses of the birth mother. Some agencies offer adoption insurance to help adoptive parents recoup their financial losses.
Laws Regarding Birth Parents
The specific laws regarding when a birth mother can change her mind about adoption are different in each state. The amount of time may vary from a few days after the birth to several months. In many cases, a birth mother or father can stop the adoption process, but that may depend on several factors, including:
- Whether the parental rights of the birth parents have been revoked by a court of law
- If the adoption has been finalized
- Whether or not legal paternity has been established
- If the father was unaware of the adoption and did not give up his rights to the child
When the birth mother is unmarried, her word as to who the father is may be legally binding. However, a court can order that a paternity test be taken to prove the identity of the birth father. If she is married, the law generally considers her husband to be the father of the child.
The Laws & Overturning an Adoption
When an adoption is overseen by the local family court, all parties must be represented by legal counsel. This includes a separate lawyer to act on behalf of the child. To legally overturn an adoption, there must be grounds with substantial facts and evidence to support the motion. A hearing will be scheduled where the judge will take into consideration what is in the best interest of the child. Social Services or Child Welfare Agencies may be called up on to conduct an investigation or offer their opinion about the case. One of the primary reasons a mother changes her mind is that she may now have the ability to financially care for her child. If she can prove to the court that she is indeed capable of caring for the child, the adoption most likely will be overturned. Most judges feel that the rights of birth parents outweigh those of the adopted parents, regardless of any contractual obligations.
Getting Advice From a Family Law Attorney
If you are considering changing your mind about adoption or wish to overturn the adoption, you will need the help of an experienced family law attorney. Depending on how much time has passed after the adoption has taken place, you may face an uphill battle in getting your child back. The adoption laws are extremely complex and depend on a number of different factors. You should consult with an attorney to obtain advice about your specific case and how you can legally proceed.
