Blog// For Birthmothers

What Rights do Birth Mothers Maintain After an Adoption?

If you are considering placing your child for adoption, you may be curious about what your rights will be after the adoption is completed. While this may vary by state and type of adoption, we can give you some general information to help empower you to make the best decisions for you and your child. 

Open Adoption

In many cases, the type of adoption you choose will determine to some extent the rights you can expect after the adoption is complete. Open adoption means that the birth mother gets to decide which family adopts her child. The birth mother also gets to work with the adoptive family to determine how much contact to have with the child and the family as a whole after the adoption. 

During an open adoption, an adoption specialist will walk a birth mother through various options and present different choices of families that seem to be a match. In the end, however, the birth mother gets to choose where her child goes if she wants to.

However, when it comes to post-adoption rights, the most important part of an open adoption is the communication agreement. Many birth mothers choose to keep in touch with the child and their family after the adoption. Even after the adoption is finalized and parental rights for the birth mother have been legally taken away, contact between the birth mother and adoptive family still happens. You can be with your child every step of the way if that is what was decided upon during the adoption process.

The Right to Revoke Your Consent 

Certain states will allow for a probationary period after the adoption process where the birth mother can revoke her consent and take her child back. It is important to research if this option is available in your state and how long that period of time actually is. 

A Birth Mother Retains Parental Rights if the Adoption Was Fraudful

Even if the adoption was finalized and the birth mother’s parental rights were revoked, they can be legally restored if the adoption was found to be fraudful. Whether the adoption was done under duress or some fact the adopting family lied about emerges, a birth mother can have parental rights restored.

Post-Placement Care 

A birth mother can always receive support after the adoption process and placement of their child. The agency they partnered with for the process should have options available to the birth mother that can help her through the various emotions she may be feeling. If the adoptive parents seemingly break their side of the contract, she can also have the agency reach out and question them.

In truth, after the placement and finalization of the adoption process, a birth mother’s parental rights are revoked and she loses rights she would have held as the legal mother. With that said, any birth mother still has rights after the adoption. Keeping an open and healthy relationship with the adoptive family is the best way to ensure those rights and a happy future. Make sure that you are aware of your rights as you go through the adoption process, as being informed is one of the most important ways to ensure your rights are maintained.

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