Your Adoption Rights?

Generally, adoption involves creating a parent-child relationship where there previously wasn’t one -- and in most cases, reversing someone’s parental rights in the process. Therefore, balancing the legal rights of all parties involved can sometimes be difficult.

I would like to give you five examples of adoptive and birth parents rights during the adoption proceedings.

Adoptive Parents Adoption Rights (Example #1)

Most importantly, as an adoptive parent you have the right to information, especially about the adoptive child. Agencies (and you should hire one) are required to provide any medical information that is available on the child as well as any genetic or social background info. If it is readily available, a child’s diet and eating habits can also come in handy.

If the child has special needs, a list of long-term needs would be useful including some available community resources for coping with them.

As a prospective adoptive parent, you do have the right to refuse a child. This right is emphasized to encourage adoptive parents to make an intelligent decision, based on all the information they are provided with, as to whether they can appropriately meet a child’s needs.

For example, sometimes couples will agree to adopting a toddler with certain physical disabilities, when really what they want is a healthy infant. This does not make ethical sense, for you or the child. So be honest about the kind of child for which you can and are willing to care for.

Birth Parents Adoption Rights (Example #2)

Can birth parents change their minds and take their children back even after the child has been adopted?

Even though the birth parents have consented to the adoption and the child is now living with their adoptive parents, some states/provinces will allow the birth parents to change their minds within a set time period. Depending on the state/province, they have the right to withdraw consent weeks or even months after the consent.

Although nerve-wracking, even devastating for the adoptive parents, it is important that they understand that birth parents have this right.

As the adoptive parent you should find out how long your state/province allow for birth parents to legally withdraw consent.

Birth Mother - A Change of Heart (Example #3)

The birth mother of the baby you are going to adopt just decided that she wants to keep her child. She is eight months pregnant and you have already paid all of her medical bills. Can you get your money back?

Unfortunately, not unless the mother agrees to pay you back and the courts will not force her to pay you back, so this is a risk you are agreeing on right from the beginning.

Birth Fathers Adoption Rights (Example #4)

A birth mother wants to give her baby up for adoption but the birth father does not. Can she go ahead with the adoption?

No. The father just needs to acknowledge paternity of the child and then, he will also need to give his consent before the baby can be adopted. A fathers rights are being given more attention today and are now more strongly protected by law.

If Biological Father is Unknown (Example #5)

In some cases the birth mother does not know who the birth father is or refuses to name him. In some states she must swear before a judge, why she refuses to give up his identity and in others it is the responsibility of the father to come forward if he wants to assert his parental rights.

Ideally, it is best that the agency locates the biological father, have him terminate his parental rights if he chooses to and obtain any genetic or medical background information from him.

* Finally, I cannot emphasize this enough how important it is that you understand your adoption rights. Hire the services of a licensed adoption agency or an adoption lawyer who will then cover any necessary details and paperwork to be sure your rights are protected.

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