Before the adoption is finalized a birth mother has the
right to change her mind in regard to the adoption but after the termination of
parental rights takes place, the birth mother has consented to waive all rights
she has to that child. It really is the point
of no turning back. This is why a lot of adoption professionals will make sure
the adoptive mom is aware of this fact and has all of the information needed
before she proceeds to make an adoption plan.
The time period before the termination of parental rights hearing varies from
state to state. In some states it is as little as 24 hours, while in others it
can be up to 45 days or more. This time period can be worrisome for the
adoptive parents as at any point during this time the birth mother could change
her mind. But once the birth mother goes to court and has her rights
terminated, the adoptive parents legally become the child’s parents.
There are very few exceptions where the termination of
parent rights can be reversed. These usually only include coercion by either
side, both parties consenting to the same, or some version of fraud.
Having an open adoption is becoming a more common form of
adoption. That being said any “agreement” that is made between the adoptive
parents and the birth mom are essentially a “gentleman’s agreement” and can be
terminated by the either party. The adoptive parents do not have to let the
birth mom (or family) to have access to the child at any point after the
termination of parent rights. Of course, if they feel that having an open
adoption is in the best interest of the child, they will continue to develop
For more legal information make sure to check out adoptionlaws.org.
Or for general adoption information check out adoptionexperts.com.