COVID-19 update: new clients being accepted. Consultations by phone and email. Please don’t hesitate to contact us if you have questions. Stay safe!

Is There a Way to Get a Baby Back after Adoption?

There can be a lot of uncertainty and anxiety brewing when an expectant mother is arranging for her baby to be adopted upon its birth. Much of this can boil down to the point at which the mother can no longer change her mind about the adoption.

The mother may feel differently about the arrangement as the baby’s birth draws closer or even immediately after delivery. For this reason, adoptive parents may be concerned about the future of their family as well as the money and time they invested in the adoption process.

Before a baby is born, the birth mother can change her mind about giving her baby up for adoption. She may even change her mind after it is born, but only if she has not signed a termination of her parental rights.

As a general rule, adoption is only set in stone once the following have occurred:

  • The baby has been born.
  • The legal paperwork consenting to the adoption and termination of parental rights is signed by the mother after birth.

Once these events come to pass, the adoption is final and there is no way for a birth mother to reclaim her baby or any parental rights. When a child has been given up for adoption, and the adoption is final, at no point in the future will the birth mother have a legal claim to reassume the parental rights she revoked.

If that’s cause for concern for birth mothers, then it’s crucial to know when the termination of parental rights is signed and how long after signing can it be revoked. Typically, a birth mother will be presented with paperwork terminating her parental rights within 72 hours after birth.

Signing this paperwork immediately severs the legal relationship between the mother and child. Some states permit a revocation period of anywhere between one week and 30 days in case the birth mother changes her mind. Oklahoma law, however, only permits a 10-day revocation period if the baby is of Native American descent. Under all other circumstances, the termination of parental rights is effective immediately at signing and cannot be revoked.

Effectively, this means that expectant mothers should seriously consider whether or not they wish to place their child for adoption before it is born. While there is more flexibility in other parts of the country for mothers to change their minds, this is not the case when someone signs away her parental rights in Oklahoma.

For adoptive parents, this process can provide the assurance that they won’t face a legal challenge to their newly minted rights as parents. The adoption process, after all, is long, costly, and thorough. The system does its best to place children with the best possible adoptive parents, and the law isn’t set up to disrupt such arrangements so easily.

Need Legal Help? Call Us Today!

If you need legal counsel as a birth parent giving your child up for adoption or someone seeking to adopt a child, reach out to Bundren Law Firm, P.C. for your legal needs. Our firm regularly represents people involved in adoption cases and tirelessly works to ensure that our clients’ rights are observed and respected at all times.

We can provide the legal advice and services you need to guide you toward achieving your goals or reaching the best possible resolution to your case. If you need legal support for an issue related to adoption, reach out to Bundren Law Firm, P.C. for help.

Contact us online or call (918) 992-3300 to get in touch with us today.

Categories: