LEGAL RIGHTS
I want to know my rights as a birth parent.
Choosing to place your child for adoption is a courageous and selfless decision. It is important that as you go through the adoption process, you are informed about your rights and your options for continued involvement in your child’s life (if you desire that). To learn more specific information about your rights during and after your adoption placement, please speak to your adoption agency. If you would like more information and support as a birth parent, please review the organizations listed on our Birth Parent page.
New Beginnings
A Birth Mother and Her Rights
https://newbeginningsadoptions.org/a-birth-mother-and-her-rights/
What Are a Birth Mother’s Rights During the Adoption Process?
There is a point of no return for birth mothers—the signing of an affidavit of relinquishment, which is the contract a parent signs giving up parental rights over a child—but until that document has the birth mother’s signature on it, she maintains the following rights over her child:
A birth mother can change her mind and decide to keep her child until she signs the relinquishment. After that point, she no longer can change her mind, but she absolutely is legally allowed to do so up until that point.
A birth mother does have some control over choosing her child’s adoptive parents. Just because a mother is [placing her] baby for adoption does not mean that she has to allow her child to live with the first family to come along in search of adopting.
A birth mother can hold or carry a child up until signing the relinquishment, which is something that can and often does happen after the baby is actually born.
A birth mother is allowed to contact the adoptive parents unless it would breach a trust agreement.
A birth mother may enlist in a voluntary parent registry should the child decide to search for her later in life. Adoptive parents may wish to keep the adoption private, but many adoptive children decide as adults to seek out their biological parents. If birth mothers wish, they can make this option available to them by registering their identities.
The most important thing to remember about most of these rights is that they go away after the birth mother has signed the affidavit of relinquishment. At that point, the biological mother cannot change her mind about keeping the child, and the adoptive parents are given more control as legal guardians.
*Please note: At Allay Resources, we choose to use the language “placing” for adoption rather than “giving up.” We feel that this more accurately represents the intentions of the birth parent and better encourages the continued involvement of the birth parents in their children;s lives.