When an expectant mother considers placing her baby for adoption, she is initiating one of the most significant and selfless acts of her life. Contrary to historical practices that often minimized the biological mother’s voice, modern adoption is largely centered around her choices. The expectant mother does not merely hand over responsibility; under Arkansas law, she can be the primary decision-maker who creates the entire adoption plan, controlling every step of the process until her parental rights are legally relinquished after the baby is born.
However, if that seems overwhelming, she can also step back and get the help she needs to feel comfortable with the process. In other words, the expectant mom’s role in the adoption process is mostly up to her.
Pre-Birth: The Right to Create the Plan
Before the baby arrives, the expectant mother has comprehensive control over the process, starting with the most crucial decision: the choice of the adoptive family.
She has the right to review profiles of prospective adoptive parents and select the family she believes will provide the best life for her child. Her criteria are entirely her own. She may look for things like the family’s location, career paths, other children, religious beliefs, or approach to discipline. Expectant moms have full access to the families’ profiles and can arrange for pre-birth communication, whether through calls, video chats, or in-person meetings. This period is critical, as it allows her to feel confident and secure in the future parents she has chosen.
Furthermore, the expectant mother is entitled to create a personalized hospital plan. This plan outlines her wishes for the day of delivery, including all these points:
- Who will be in the delivery room (the father, a friend, an adoptive parent, or no one but herself and medical professionals)
- Whether she wants to hold the baby, hand the baby to the adoptive parents, spend time with the baby alone, or not see the baby at all
- Whether the adoptive parents will be present at the hospital and how much time they will spend with the baby
- The baby’s name on the original birth certificate (which can be changed later)
All of these choices are entirely the mother’s to make. Throughout the pregnancy, she also has the right to free, objective counseling to ensure her decision is fully informed and her emotional needs are met.
Post-Birth: The Right to Consent and the Right to Change Her Mind
Under Arkansas law, a birth mother cannot sign the final legal paperwork—often called a “relinquishment” or “consent to adoption“—until 48 hours after the baby’s birth. This gives her time to metabolize any medications she has been given, to get some rest, and to adjust to the initial rush of hormones that follows a birth.
Crucially, until those papers are legally signed, the expectant mother remains the baby’s legal parent and holds (possibly along with the father) the exclusive right to parent the child. This means she has the right to change her mind at any point before she signs the consent documents. Even if she has created a detailed plan, chosen a family, and received financial assistance (where legally allowed), she is under no obligation to proceed with the adoption. Her decision is legally protected and must be respected by all parties involved.
In Arkansas, she has 10 days to change her mind. After that, she is no longer the legal parent of the child.
Defining the Future Relationship: Openness
In modern adoption, the expectant mother’s role extends into the future if she chooses an open adoption. This is an adoption in which the birth parents and the adoptive parents are known to one another, and can work out a plan for future communication with and/or about the child. Most adoptions today allow for some future communication.
The mother gets to decide the type and frequency of ongoing contact with the child and the adoptive family. This is typically outlined in a post-adoption contact agreement, which might include any of these things:
- Annual visits or meetings.
- Regular exchange of photos, letters, and emails.
- Video calls on milestones or holidays.
While these agreements are based on mutual trust and may not always be legally enforceable in the same way as a contract, they represent the mother’s continuing involvement and peace of mind. Her role shifts from being the planner to becoming a valued member of the child’s extended family life, ensuring the child always understands their story and their birth parent’s enduring love.
Closed adoption
There are many, many reasons that an expectant mom might choose to give her baby the benefit of a loving adoptive family. In some situations, she may not want a continuing role in the child’s life. She might want to close this chapter of her own life and move on. She has the right to do this, too.
In a closed adoption, the birth parents can be entirely anonymous and choose not to have further contact with or information about the child. The adoption professionals will respect this decision and there is no pressure to take a more open route. If she prefers not to choose the adoptive family or not to see the baby after the birth, she has every right to make this decision.
Heimer Law specializes in adoption, and has many years of experience working with expectant moms. Contact us today to start the conversation — with no obligation and no judgement.
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