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Does the mother of a baby that she gave up for adoption have the right to take her child back?
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Does the mother of a baby that she gave up for adoption have the right to take her child back?

Hello, I heard my mom and aunt talking about adopting, and them talking about a mother that gave her baby up for adoption, but came to take the child back after a certain time. Is it true that the mother has the right to do that, 3 or so weeks to think if she wants the baby or not, and if she does in that time period she can come and take it back?

That may seem like a stupid question, but I really want to know! Thanks!! :)
Additional Details
Thank you all!! :)


    




Nicole
Yes, it all depends on the state. Some states allow 7 days however I've heard others allowing up to 30 days. This is usually stated somewhere in the adoption paperwork, for both parties. It is often pointed out by the adoption lawyer or agency to insure that all involved know there is a "take back" period.


Randy B
In all areas there is a bit of a time frame where the matter can be reconsidered but from what I understand that time is from when the child is placed for adoption. Once the adoption is finalized, generally some time after the child is placed for adoption, it is permanent unless the mother can show that some law or rights were violated.


ladybmw1218
Rating
Some states have a time period where consent to relinquish can be revoked. The time period varies from a few days to a few weeks and some state do not have a revocation period at all.


CP
Yes, it is possible for a mother to reclaim her child. It varies by state, but she has anywhere from 48 hours to 6 months to get her child back.


Camira B
Ugh. Some of these answers make me feel a bit sick. Glad to know you guys think of adoption like some sort of financial transaction. Well, she made her decision. Who cares if she was still in the hospital, on narcotic pain medicine. She's stuck with it now. Unbelievable.

To answer the question, Alabama, Alaska, District of Columbia, Georgia, Iowa, Kentucky, Maine, Minnesota, North Carolina, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington have some kind of revocation period, ranging from 3 days to 90 days. In the rest of the states, consent is generally irrevocable unless the mother can prove revocation is in the child's best interests or that her consent was given because of fraud, duress, undue influence, mistake, over-reaching, or lack of mental competency.



karcnr
It depends on the state. Some states give the mother 30 days to change her mind while others only give 72 hours or so.


mom of many
there is a time limit but not sure what it is. first they terminate the parental rights and there is a waiting period or appeal period of perhaps 30 or 60 days and after that its too late and the child is allowed to be adopted. I am not sure on the exact time limit and that might might vary by state...edit: I am in Wisconsin and am adopting through foster care and in my books they gave me it said in WI, a parent has 30 days to file the papers to appeal a (TPR) termination of parental rights.


Janet
Yes my ex fiance and his wife have adopted 2 kids. They said the biological mother has up to a year to change her mind. I personally think that is horrible. If you chose to give up your kid then you should be stuck with that choice. I mean they got attached to the babies and loved them from the minute they got them so I don't think it would be fair for the mother to just change her mind and take them back from them.


*Loving Mommy of 4!*
Somehow it is often possible to get your child back but I do not think it is right at all, once you sign your baby over and they are raised by another you are no longer the mother. I have known a few cases where the mother or even the father (most of the time because the father was not told) has gotten the child back but it is not very often.


myst1998
I sure hope so! It isn't a 'thing' we are talking about here people, but a live human baby. Its not like you can sign your 'rights' away and then never look back. Adoption isn't that easy. Many mothers are under alot of pressure whilst pregnant to do 'the right thing' by societies standards, they miss the 'right thing' to do until all the pressure has stopped and they realise they are the best parent for their baby afterall.

Yes, I do belive it is possible to get her baby back after relinquishment. As to rights, of course she has the moral right to, she is the Mother for goodness sake! The adoption consent is only a piece of paper, you can't sign away what Nature has made you to be or the bond in your heart to your child. It isn't that clinical or cut and dry.


gibberish
No the mother should never never take the baby back. That would be so wrong don't you think?


painfully_honest
I'm not entirely sure but I was under the impression that in the US, the mother has a five year period in which she can reclaim her child. I was told that this is the reason many couples choose to adopt outside of the US, but again, I'm not 100% sure that is entirely accurate and it may vary by state.





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