Can i get my baby back after placing him for adoption?
Samairi asked:
it has been almost a year and i dont know how or why i gave my son up alot of pressure from alot of people i guess. I heard from someone that they heard of someone who was able to win their child back but i dont know if it was true or not. Please only respond to this if you know what your talking about.
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it has been almost a year and i dont know how or why i gave my son up alot of pressure from alot of people i guess. I heard from someone that they heard of someone who was able to win their child back but i dont know if it was true or not. Please only respond to this if you know what your talking about.
April 24th, 2009 at 11:53 pm
that’s just wrong wrong wrong! i can’t believe anyone could seriously think about doing that. do you not understand what kind of trauma you will put the baby through, not to mention the amazing people who decided to take care of your child when you wouldn’t? just leave that baby alone. it would be incredibly selfish of you to even attempt this! the baby is in a safe place and that is all you should be concerned about. you can always have another baby when you are completely ready to take on that responsibility. please don’t put a baby through this kind of trauma. and you will just feel worse when the baby doesn’t want to have anything to do with you.
April 25th, 2009 at 2:08 pm
Typically not. Once the adoption is finalized and a reasonable waiting period, it’s not possible. Unless you can prove you were coerced or pressured into giving your child up, there’s not much of a chance. Try calling a lawyer and maybe talking with them. They can tell you your chances.
April 28th, 2009 at 8:40 am
In most States, the law provides that consent may be revoked prior to the entry of the final adoption decree under specific circumstances or within specified time limits. The circumstances under which withdrawal of consent may be permitted by a State can include:
Consent was obtained by fraud, duress, or coercion.(23)
The birth parent is allowed to withdraw consent within a specified period of time, after which consent becomes irrevocable.(24)
The birth parent is allowed to withdraw consent within a specified period of time, after which consent becomes irrevocable unless there is evidence of fraud or duress.(25)
The birth parent is allowed to withdraw consent within a specified period of time, after which consent becomes irrevocable unless it can be shown that revocation is in the best interests of child.(26)
There is a finding that withdrawal of consent is in the best interests of the child.(27)
The birth parents and adoptive parents mutually agree to the withdrawal of consent. (28)
An adoptive placement is not finalized with a specific family or within a specified period of time.(29)
Consent becomes final and irrevocable once the court issues a final decree of adoption.
this is from the below website it will have the best answers that you are looking for.
May 1st, 2009 at 3:09 am
If the adoption has been finalized and it was all done legally then you would only be wasting your time and causing yourself even more anguish to try. In my personal opinion. However, with that having been said, if you feel strongly enough about it then speak to a lawyer in your local area who is familiar with adoption laws and he/she can advise you of the practicality of it all.
May 2nd, 2009 at 7:42 pm
depends on the state. in most cases you can. just at least let the adoptive parents still be able to see him or her and stay in his or her life.
May 3rd, 2009 at 11:45 am
After a year, it is highly, highly unlikely. Many states allow a revocation period during which you could have changed your mind, but it is nowhere near that long. At this point, the adoption is likely finalized, making the adoptive parents the legal parents to the child.
If you feel you were the victim of fraud or illegality, you should contact a lawyer about contesting the adoption. Those are the adoptions that sometimes get overturned– if actual laws were broken.
In your own case, unless you have a legal reason to challenge the adoption, it is too late to reclaim your child. There are time limits on how long you can change your mind. I’m sorry for your situation, and your regrets, but there’s not much to be done at this point.
I suggest you contact the adoptive parents or agency and see if an open adoption is a possibility. Then you would at least have visits and communication with your child, even though you can’t get custody back.
May 4th, 2009 at 9:51 am
No you can’t. You made a choice. Legally, the baby is no longer yours (especially since it’s been a year). Don’t blame others for a choice you made. You can not ‘win’ your child back. Sorry.
Gotta live with the consequences of your actions, just like everyone else.
May 7th, 2009 at 1:07 pm
I got my son back, but I had to wait 20 years in order to do it. Most people who get their children back at younger ages do so because the adoption was proven illegal at some point, or they asked for the child back in a state where there was a revokation period and that period had not elapsed yet .
If you were coerced (i.e. pressured or forced) to surrender your baby, you may be able to sue the agency. Especially if you have documentation. If someone put you into the untenable position of having been hooked up with prospective adopters and not able to recover from birth first before making any decision about adoption (a common agency tactic to prevent you from changing your mind), then you should speak out about this form of abuse and exploitation, as you were used. But you still likely won’t be able to get your baby back as the laws were crafted to serve the adoption industry and its clients, and under the law you are now considered to have been an “unfit” mother for having ‘abandoned’ your baby. Sorry, but that’s the legal reality of adoption. Good luck — maybe you can get the adoption opened.
May 9th, 2009 at 1:53 am
I’m sorry, but I don’t think it will be possible. Legally, this baby is no longer your baby. You could always check with an attorney, I am pretty sure you could find one who would not charge you for a consultation. But I would not get your hopes up, as it is very unlikely that you could get the baby back. This is why pre-birth matching really makes me sad…..there is just no way a woman in such a vulnerable position can make an objective decision. I’m so sorry for your pain. There are so many other women in your position who could provide you with emotional support and who would understand how you are feeling, some are even on this list. Hopefully you will be able to find some support. Wishing you the best.
May 10th, 2009 at 9:27 am
No you can’t adoption is not a temporary situation. If the adoption of your natural child was done completely legal then no you can’t get the child back. Even if you had a reclaim period if it’s been nearly a year it will long have expired. The rare situation where an adoption is able to be overturned after the reclaim period has expired are cases in which the adoption was not legally done or in many cases where the biological father did not give up his rights. Even in that there are some ways the father’s rights can be automatically terminated with out him signing his rights away. If you feel you were coerced you could try to use that but you’d have to have proof and evidence plus they would ask why you waited nearly a year.
You can consult an attorney but most likely you will just have to live with the decision that you made and maybe in 17 + years your natural child will attempt to locate you.
May 13th, 2009 at 1:23 am
I am so sorry people have been nasty to you. Those who say this is wrong have no clue what they are talking about and have a very sick sense of morality!
Unfortunately, once the adoption is finalised, there is likely very little, if any chance of reclaiming your child. I would suggest locating an attorney - and don’t go with the first one, look around and locate someone who is sympathetic to your cause.
So many people criticise mothers for wanting to parent their own children after placing due to pressure but they think it is okay for PAP’s and agencies to prey on, pressure, coerce and scare young women into placing. What a sick, revolting world we live in!
Again, I am very sorry for your loss of your son. Don’t listen to those who do not have any idea what you are talking about and want to put you down. You do not deserve that and you have already been through enough.
Take care.
May 13th, 2009 at 11:45 am
Think about what you are doing to the parents who adopted your baby. They wanted a baby very badly, jumped through 1,000,000 hoops, and now you are going to just take it back? I think you are being selfish at this point.
May 14th, 2009 at 12:47 am
Noooo. LOL. You can’t.
May 16th, 2009 at 1:53 am
NO!!!!!!!!!!! Selfish much!!!!!
May 19th, 2009 at 2:14 am
i don’t think so.
you gave up your child, you lost it.
what were you thinking?? ahhh