Heimer Law is an Arkansas law firm specializing in adoption. Many of our clients arrange to adopt a baby as a newborn. An expectant mother who does not want to keep her child can choose an adoptive family to provide a loving home for her offspring. Often, the mom and the adoptive parents become close during the pregnancy and continue to have a relationship after the baby is born and becomes part of the adoptive family. Rarely, adoption revocation can change the expected process.
What is adoption revocation?
Under Arkansas law, a birth mother who has agreed to relinquish her baby for adoption can legally change her mind for 10 days after the baby is born. This is known as “adoption revocation” — she is revoking her agreement to allow her baby to be adopted.
Birth parents can waive the 10 day limit and accept a 6-day period instead If they do not choose to do this, 10 days is the time period.
Parents in Arkansas can relinquish a child for adoption at any time. If the baby is already born when birth mother makes this decision, the revocation period begins when she signs the consent, not at the baby’s birth. If a birth mother agrees on adoption of her six week old, she still has 10 days to change her mind.
What is the revocation period like for adoptive parents?
What is it like to live through the 10 days? that question gets a firm “It depends” for an answer. For some parents, the process has been smooth and the birth mom is certain of her decision, so the first 10 days at home are the way they are for any new family — exhausting, joyful, and amazing.
For others, there may be an awareness that the birth mom is having a tough time feeling settled with her decision. Those 10 days can be filled with joy and love, but also with anxiety. Still, 10 days is a short time compared with the life you and your new baby will have together. If it’s possible to accept the uncertainty and enjoy the time together, you won’t miss any of those exceptional moments.
If the birth mother does choose adoption revocation, it will be a tough experience for the adoptive parents, no question. Fortunately, fewer than 2% of birth parents revoke their adoption agreements. In nearly all cases, the adoption is in the best interests of the child, the birth parents, and the adoptive parents, a wonderful outcome for everyone.
What happens after 10 days?
After 10 days, the adoption is finalized. It is not possible after that point for birth parents to change their minds or to take back the child. The child is legally the son or daughter of the adoptive parents, and the legal position of the family is just the same as if the child were the biological offspring of the adoptive parents.
Remember, adoption is a legal process. It’s important to have an expert, experienced adoption lawyer in your corner. At Heimer Law, we specialize in adoption and support all parties through the process, making he adoption journey as smooth as possible. Contact us for a free consultation.
Inquiry Form