What are birth mother rights after adoption?

What are birth mother rights after adoption?

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  • Answer ✓
         To be honest, birth mothers have very few rights after adoption. Some states have a revocation period up to 90 days, and some have no revocation period at all. After the papers are signed and the revocation period is over, the rights of the birth mother are completely terminated. If a birth mother wishes to contest before the adoption is finalized but after the revocation period is over, she may do so. However, there are VERY few cases that this has been successful. 
         Another question that commonly arises about birth parent rights is whether they have any rights to visitation. In most states, birth parents have no legal rights to visitation whatsoever. Any agreement to an open adoption is based entirely on trust, and contact can be revoked by the adoptive parents at any time for any reason without legal consequence. 
         Some states do allow post adoption contact contracts. These are legal contracts outlining the level of contact agreed upon by the birth and adoptive parents. If the adoptive parents stop contact, a judge or the agency the child was placed through can order the adoptive parents to resume contact. However, there is not much else they can do if the contract is broken. Adoptive parents are not typically subject to fines or charges if they break this contract. 
         If a woman chooses to place her child for adoption, she needs to be sure- there is no going back. She should do so with a full understanding that she will have no legal rights for custody or visitation of her child in the future. Any contact she has is not a legal right, but a personal agreement. 
  • Answer ✓

    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 that relationship.

    For more legal information make sure to check out adoptionlaws.org.

    Or for general adoption information check out adoptionexperts.com.

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