When a birth mother decides to place her baby for adoption, she makes a selfless and often difficult choice. With the help of an adoption specialist, she selects the ideal family and goes through with the adoption.
But the feelings that well up after an adoption takes place can cause a birth mother to second guess her decision. When a birth mom has regrets, she may feel a strong urge to undo the decision.
For many birth mothers, this feeling fades, and a feeling of confidence and hope in the child’s future emerges. For others, questions like “are adoptions final?” and “ how long after adoption can mother change her mind?” begin to take over.
In this article, we’ll discuss birth parent’s rights after adoption and address the question, “can you get custody back after adoption?” Let’s explore these topics below.
How long after adoption can the mother change her mind?
Because adoption laws are different in each state, the rights of the birth mother vary. But there are general guidelines that the states stick to in terms of parental rights. Read on to learn how long after adoption a mother can change her mind.
Depending on the mother’s birth plan, the adoptive family may be at the hospital during or after the delivery. Whether the adoptive parents are present or not, they are not the child’s legal guardians until the mother signs the TPR. TPR stands for termination of parental rights. This document confirms that the mother is giving up her rights to be the parent of the child.
Once the baby is born, there is a set period of time in which the mother must retain her parental rights. This period varies by state but generally falls between 48 and 72 hours. In Texas, birth mothers must keep their parental rights for 48 hours. After this, she can sign away the rights so the adoptive parents can become legal guardians. But during the period that the mother has her parental rights, she can change her mind about the adoption.
Can you get your child back after being adopted?
But what about the birth parent’s rights after the adoption is finalized? Can a biological parent regain custody after adoption? In some states, parental rights revocation is allowed. This means that the birth parents’ rights after adoption include the ability to take back consent.
If the birth mom changes her mind after the adoption papers are signed, there may be a revocation period. During this time, the adoption has already been finalized, but the birth mother can still change her mind about the adoption.
According to Fam. Code §§ 8814.5 of the Adoption Act, an agency adoption can only be revoked if both parties agree. But there is an exception. “If the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.”
Some states have shorter revocation periods like Kentucky (20 days). Other states do not allow for a revocation period unless there are special circumstances. In Texas, a direct placement adoption is revocable for ten days, but not in all cases. Be sure to look into the revocation period guidelines to understand birth parent’s rights in your state.
In some cases, the revocation period is not within the birth parents’ rights after adoption. If the birth mother signed a Waiver of the Right to Revoke Consent, then she cannot get her child back after the adoption is complete.
In some situations, the birth mother signs a document that specifies irrevocable consent, whether with the state or an adoption agency. This means that the birth mother cannot change her mind about the adoption.
So, can you get your child back after being adopted? The answer depends on the time frame, the state laws and the type of agreement that the birth mother agrees to. In many cases, going back on the adoption is difficult or impossible.
Can a biological parent regain custody after adoption?
A birth mother experiencing regret may wonder, “are adoptions final?” In most cases, the answer is yes. Adoption is a legal process that follows specific regulations from the state and government. Because the termination of parental rights is a legally binding document, regaining custody after adoption is unlikely.
Child welfare laws specify, “Adoption is meant to create a permanent and stable home for a child; therefore, a validly executed consent is intended to be final and irrevocable. As a result, the right of a birth parent to revoke consent is strictly limited.”
So can you ever get your child back after being adopted? The revocation period mentioned above is the best option for regaining custody of an adopted child. If the period has passed, there is likely no legal option for reversing the adoption process.
Find support at Texas Adoption Center
The choice to place your child for adoption requires a lot of careful consideration on the part of the birth mother. Fortunately, you do not have to make this decision on your own. For advice and a detailed look at the options available to expectant mothers, turn to Texas Adoption Center.
The compassionate adoption specialists at Texas Adoption Center understand the adoption process inside and out. They can walk you through what the process would look like and explain your rights as a birth mother. Moreover, the specialist will support you in whatever decision you make and connect you with helpful resources along the way.
