Are parents who choose private adoption for their child more likely to get their child back in a case of a ?

Camira B

Contrary to popular belief, there is a difference between private and agency adoptions. It seems like the law is more strict about private agencies. For example, in a private adoption in OR, the first parent MUST have an independent attorney. This is not necessary in agency adoptions. In California, in an agency adoption, the mother may sign consents any time after birth. In a private adoption, the mother must first be released from the hospital. There is one state, I don't know which one at the top of my head, where consent given to an agency is irrevocable and consent given in a private adoption is revocable for 90 days.

Why the difference? According to most courts, harsher rules are placed on private adoptions in an attempt to protect first parents from being taken advantage of. The assumption is agencies will do everything correctly, morally and ethically. That's why laws for agency adoptions are more lax.

That said, it still depends on the laws. If the revocation period is up, then a change of heart is not good enough, unless the mother lives in a state that has a best interest clause and she can prove that revocation is in the child's best interest.

The only reason I can think of that it might be easier is if the PAPs agree to give the child back, the mother will get him or her back, even if the revocation period is up. So basically, it depends on the laws and the PAPs.

sam22254

Good luck. My son has been fighting for his son since 2 days before birth and he has done everything in his power to get him home. His son has turned 3 and he still has his rights to see him 3 states away. His son isn't adopted nor can he be. You have to understand the adopted couple and the agency will fight you till death before they will give the child back. I call it kidnapping bu and to this day the couple who has him think that they have done nothing wrong,

anastasia beaverhausen-the real1

if there is no finalization, it shouldn't make a difference.

help4all27

I am not really sure what you mean by "more likely". There are specific time periods so that the family has a decent amount of time to decide if they want to continue with the plan of adoption or choose to parent.
First of all it depends on what state you live in. Each state has different laws. Usually in a private adoption it is called "consent" and in an agency adoption it is "relinquishment". You have ten days once the relinquishment is signed to decide to parent rather than continue with the plan of adoption. In cases of consent, depending on the state, you may have longer to change your plan. You could have up to the time the adoption is finalized, which could be 6 months (or more or less). This time period differs depending on many factors.

keta

No and yes because once adopted its up to the adopted parents to let you see the child or even have anything to with them. Once you give up your rights you have no say about what that child do. There are no more open adoptions. What about family see if anyone can take him/her until you get on your feet. I don't mean no harm but if you didn't want that baby you shouldn't have it. If you not ready get help,or do foster care until but know there is a time frame, and rules.the good thing is you still have your right and you can still call the shot, see him/her on visit until you ready.

Carnie C

i have no facts or previous cases to go on but i wouldn't think it matters. If it's during the recision period and the bmom wants her child back, well then, i would think the child would have to be returned prior to finalization. with the exception of how the bparents and aparents are matched up, the legal process is still the same (not talking about foster care adoption which gives multiple chances to bparents to retain their children).

again, no facts or prior cases to go on, just my thoughts.

sk8ermom

The legal paperwork (relinquishment) are the same for both. The courts make no distinction of weather it was an agency attorney or a private attorney that filed the paperwork. In fact, many agencies hire outside attorneys just like if you did a private adoption. Sometimes AP's still need to hire their own as was my case because my agency doesn't handle legal at all. Adoptions are extremely hard to overturn. Once you sign your relinquishment (in some states as early as 24 hours after birth most are 72 hours) they are irrivocable. Very few states, 2-3 have a short period of time to change their mind before the papers are permanent. Usually 3 days to 2 weeks.
There have be some successful cases of reversal but there has to be proven coersion or threats makeing the mother sign or flaws in the paperwork by a sloppy attorney. Both of these are rare and very hard to prove and very expencive. It is a long process that usually ends in the AP'S favor because by the time a few years in the battle go by the courts see the child as already bonded and in the best interest of the child to stay with the AP's. A change of heart is not considered a valid reason for reversal.
The finalization part of an adoption has nothing to do with the birth parents. By the time the relinquishments are done the finalization process is about the adoptive family. It is a period of time to make sure the baby is settling into his/her new home and post placement assessments are done by a social worker. There is no more hope of overturning an adoption before finalization as there is after.

Sorry if it was your wish to get a child back. The system is not birthparent friendly! These were just facts and not meant to be taken as my opinion on the right way to do things.

Dawn R

from what i understand in private adoption and even foster care adoption the bio parents have 6 months to change their minds. ?? i know they may make a bad choice and want do something else, but what about the children and the adoptive parents it hurts just as bad.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: