Heartbreak can happen when you put yourself out there. Unfortunately, with adoption comes a risk of an infamous form of heartbreak brought about by a change of heart by birth parents late in the process. This situation is rare, but that’s no comfort to would-be adoptive parents who find themselves dealing with it..
Here’s what you need to know.
Pregnancy
During pregnancy, birth parents can recant on their commitment to place their infant for adoption. This brings about a hard circumstance, but it is probably better for everyone if a change of heart happens before the child is born.
In this case, it is likely that the adoptive parents have already completed the home study and some of the other work that needs to be done in the course of the adoption journey. It is still heartbreaking, but the journey can continue from this point and come to a satisfying conclusion.
10 Day Waiting Period
The state of Arkansas has a waiting period of 10 days after the birth parents sign consent forms. After that signing takes place, everyone involved in the process must wait 10 days for the adoption to be finalized. At any point until finalization, birth parents have a legal route to back out of the adoption.
Finalization
After the waiting period has concluded, the adoption is finalized. Arkansas takes finalization seriously. After the 10 day period, the risk of losing the child is almost completely gone. Normally, changes of heart at this point can only become legal reality in cases of fraud.
Working with an experienced adoption attorney like Justin Heimer allows you to feel confident that your adoption will be entirely legal and legitimate.
Unlikely but Possible
Before you jump headstrong into the adoption process, you should know that other outcomes are possible and you should prepare for it. At the same time, remember that this is not the norm. The National Council for Adoption estimates that 10% to 25% of adoptions fail between placement of a child in a home and finalization. Though that range is noteworthy, remember that much more often than not, commitments to adoption are honored.
There is no way to plan for heartbreak, nor a method to mend it in a day. But, we at Heimer Law are convinced that the joys of adoption are worth the risk.
Inquiry Form