How hard is it to get a baby back after the adoption is final?
Terry S asked:
Has it ever been done? How hard is it? Don’t the courts always rule in favor of the birth mother because of genetic links to the mother?
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Has it ever been done? How hard is it? Don’t the courts always rule in favor of the birth mother because of genetic links to the mother?
Thank You in Advance
May 19th, 2009 at 7:32 am
maybe if its like the day after or something
May 22nd, 2009 at 6:47 pm
i know theres a 30 day cooling off period where you can change your mind
May 23rd, 2009 at 12:13 am
It depends on the state, but I believe you have 12 months from the time you give up your child to get them back. If I were you I would call a lawyer in your area, or even go on some message boards and ask around. Good luck to you.
May 23rd, 2009 at 10:58 pm
It’s next to impossible. I’m sorry. Once the adoption is final, the SECOND it’s final, the child’s mother no longer has any rights at all. Legally, she is no longer the child’s mother. Courts rarely side with the mother - even prior to finalization. There are a couple people who post here sometimes who are fighting to get their children back, and the adoption hasn’t even been finalized yet. The adoptive parents, and the agency, are fighting tooth and nail to keep the child with the adoptive parents. Unfortunately, if you’ve lost your child to adoption, it is permanent.
I’m so sorry. Please take gentle care of yourself. Your baby will need you when and if s/he comes looking for you one day.
May 26th, 2009 at 10:35 pm
It would be very hard unless coercion can be proven or the adoption was some how not legally done. If the adoption has been completely done legally and the reclaim period has passed there is little to no chance of a natural parent getting their natural child back. The longest reclaim period I have heard of is 6months and some places have no reclaim period.
I saw a special on tv about adoption the natural mother changed her mind a month later but the state her child was born in and adopted in did not have a reclaim period and she was inform of this before she signed the papers in fact they told her several times that once she signed it can not be revoked. She had to wait at least 48 hours to even sign, I think she signed three days after her baby was born.
This is why placing a baby for adoption should not be taken lightly. Adoption is meant to be forever not a temporary situation for whenever the natural parent(s) decided they are ready to parent and want to parent. Its also why anyone placing or thinking of placing needs to find if there is a reclaim period and if so how long is it.
May 29th, 2009 at 10:07 pm
There may be a time frame in which you can change your mind but quite frankly I don’t know of any. Adoptions these days are handled in a way where the natural parent has full knowledge and understanding of the outcome. Not only would it probably be difficult to retrieve a child, it is really selfish to attempt. The new parents have put their hearts into taking this baby and giving it a life. Clearly, any parent who gives a child up for adoption in the first place has had hardships that caused the situation. Best leave things alone and let the baby have a good life. (I am an adoptee)
May 31st, 2009 at 5:19 am
nope! once its final its definately final, you cant take the signature back.
personal experience (i was the baby, huge expensive courtbattles… and the adoptive parents won. you sign your rights to the child away when you sign the adoption forms)
June 1st, 2009 at 11:14 am
Once it is final (e.g. the birth certificates are changed and there is a court decree)… it is pretty much final.
There are very rare cases when adoptions can be overturned, but the biological family would have to show something illegal occured, it wouldn’t be enough that they changed their mind or that their circumstances had changed. Also, even in cases where something illegal with the adoption did occur, there are times when the courts still decide to leave the child with the adoptive parents, if the child has been with the child for a length of time and they acted in good faith when they adopted (so no, the courts do not always decide based on genetics).
June 4th, 2009 at 3:42 am
No, It is really hard to get your baby back after you have signed the papers.
June 6th, 2009 at 8:23 pm
No, the courts rule in favor of the law. A woman who gave her child for adoption must prove that she was coerced or there was some wrongdoing on the part of the adoption agency/attorney or the adoptive parents. She needs to prove that the law was broken when the adoption took place.
A woman trying to overturn a legal adoption because she changed her mind after the adoption was finalized is more than likely NOT going to succeed.
June 8th, 2009 at 8:46 am
It is very hard unless the birth mother can prove she was coerced into relinquishing her parental rights. Most cases where the adoption is overturned, it is overturned because the biological father’s rights were not properly terminated and he protests the adoption.
June 9th, 2009 at 12:08 pm
The time period for changing your mind is before the adoption is final. There is no period of time after it’s final for changing your mind. Two seconds after the judge decrees the adoption final, it’s too late.
Only if something is done illegally can an adoption be overturned, and even then, it would be pretty hard, and pretty expensive.
June 10th, 2009 at 8:17 pm
I’m sure it probably has been done, but under the rarest of circumstances. The court does not always rule in favor of the birth mom just because she’s genetically tied to the baby.
My best advice to you would be to talk to an attorney who specializes in family/adoption law in your area. He/she would be way more qualified to answer your questions than I am.
June 12th, 2009 at 12:55 pm
not if the adoption is already final. Sorry!!