Can a birth mother from another country change her mind the way an American birth mom can?

Angela R

In international adoption, birth/ first-mothers can "change their mind" up until the point the child is adopted or leaves the country to be adopted (in some countries the adoption is finalized there, in others it's finalized here), but after that, her decision is considered final. It is however, VERY rare for those b-mothers to decide to parents once the child has been referred (but not placed with the family yet), because the children are usually in an orphanage for many months, in some cases years, before they are even referred for international adoption, also in these cases parenting is simply not an option for many of the birthmothers.

In domestic adoption the minimum waiting period to sign away her rights, or amount of time a mother has to change her mind greatly varies by state. However, once the adoption is final, the birth/ first family no longer has any rights to the child. It is a common misconception that a birth/first mother can come back years later and regain custody of the child.

TheRaven

Your question sounds suspiciously like 'If I arrange an adoption and the birth mother changes her mind, am I more likely to be able to force her to go through with it if she's from another country?'. Please tell me that's not what you mean.

Jill

Depends upon the adoption laws in the particular country that you're adopting from.

Kim

It depends on the laws of the country. (You can't really say anything with any certainty about "international adoption" because there are so many different programs.)

In Russia (where we adopted), the first family (parent *or* relative) can reclaim the child at any point until the judge's gavel falls during the adoption hearing. Once the judge renders his/her decision, the adoption is final.

However, it is rare to hear of a first relative claiming the child after he's been matched with a family for international adoption. I think this is partially because the child will have been in care/available to Russian citizens for adoption for a minimum of 8 months before he/she is eligible for international adoption. Children are only referred for international adoption if a suitable Russian family cannot be found. (My children were referred at 9 months and 15 months old, respectively. Both relinquished at birth.) I believe that most mothers who wish to change their minds do so before the child is ever referred for international adoption.

Jennifer L

It depends on the adoption laws.

The process in Liberia (where we adopted from) is such that the family can legally relinquish a child for adoption and voluntarily terminate parental rights. After that time, a search for an adoptive family takes place. Once an adoptive family has been identified (this can take years), a government appointed social worker re-checks with the first family, friends and neighbors, verifying that it is still their intention for the child(ren) to be adopted. All of this information is presented at the adoption hearing. The first family can change their minds any time before the adoption decree is issued. The adoptive family generally does not travel to the country until after this is done.

Erin L

It is different in different countries. In our case (Taiwan), birth family rights are terminated by the time adoptive parents gain custody of the child. But, adoptive parents are referred the child, and they go through a court process. During that court process, biological family, unless rights have been terminated for reasons of abuse or neglect, can still decide to parent. In our daughter's case, she was relinquished at birth by her mother. She was in foster care for 5 months before she was referred for adoption, and then, through the 3 month court process, her biological family could still decide to parent her. So, they had 8 months, 5 of them without the coersion of knowing an adoptive family was expecting a baby. I felt good about that. We also got to meet them and have a semi-open adoption.

I think it's important in international adoption to choose a program where you are confident you will get honest information about the child's relinquishment and biological family. There are programs, like Ethiopia, where many of the children are "true" orphans, meaning their biological parents are dead.

Independ"ant"

As far as IA's go if the child's mother claims fraud,coercion or anything else illegal or unethical and if there is sufficient evidence, the foreign govt can "invalidate" the adoption and request the child be returned. There is no statute of limitations on this. Most Aps take comfort in the US govt not enforcing a foreign countries requests but think about how the child is going to feel when you have to tell them the truth.

Kazi

Adoptive mom of a daughter from China, so my thoughts echo Becca's.

Becca

I can only answer concerning China.

When you adopt a child from China you will never know who the child's first family is or was. All children are abandoned, usually because of the one child only policy. There will be no way to ever trace their roots cause it is illegal to abandon a child yet it is also illegal to place a child for adoption.

Randy B

I would think that, based upon the laws of the counrty, they could change their minds but given the process of adoption from other countries the odds are against anything being successful.

I say that because in most countries, before a child is placed for foreign adoption, they are cleared for such adoption which means that any appeal or "cooling off" period has already expired. I know that some will through up "stolen babies" but if they can read they will see I said most countries. Most countries have reputable processes to follow so the odds of someone changing their minds after the process has finished and the child has left the country are slim to none.

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