Most adoptions nowadays are open adoptions, but some prospective adoptive parents worry that birth parents who have information about a child might reclaim that child. Fortunately, it is very rare for birth parents who have gone through the adoption process correctly to regret their decisions. But the fear remains. Many people wonder — can birth parents take back an adopted child?
The short answer
The short answer is no. When a mom makes the brave choice to give her child a loving adoptive family, she gives up all her parental rights. The adoptive parents become the child’s legal parents, and the initial relationship of the biological parents with the child ends. The birth parents have no more right to reclaim the child than anyone else in the world would have to claim the child.
In order to become the child’s parents again, the birth parents would have to adopt the child — and before that could happen, the adoptive parents would have to give up their parental rights entirely. There is no leftover remnant of the legal connection between the birth parents and an adopted child.
What if she changes her mind?
There are two possible exceptions. First, if a birth mother changes her mind within ten days of the child’s birth, she can change her mind. The adoption is not final, and adoption revocation is possible. The birth mother can claim her baby because the child has not yet been legally adopted. After the 10 day period, the decision is final.
The other possible exception is if there is a legal problem with the adoption, such as fraud. An example could be if a birth parent did not have an interpreter available when she signed the consent papers, and had been told she was signing something different from consent papers for adoption. Another example would be a case in which a birth mom was told that she would have to pay back the cost of her medical expenses if she changed her mind. Adoption fraud is illegal and will prevent the adoption from being legal. A situation in which birth parents take back an adopted child is very unusual and generally must be a case of intentional fraud.
In such cases, a mom could go to court to regain custody of the child. This kind of situation does not arise when you work with a reputable adoption attorney. An experienced adoption lawyer like Heimer Law makes certain that all parties in an adoption are treated justly, with the best outcome for the child. Use our simple form to schedule a free consultation.
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