Adoption

Rescinding the Adoption



Adoption is a very emotional process.  It is often due to hardship, poverty, and other extenuating circumstances that a birth mother decides that the best course of action for her baby’s welfare and well being is to give the baby up for adoption.  However, it is no surprise that even though a birth mother may feel that adoption is the best solution for her baby’s needs, that once she gives birth and sees and holds her baby in her arms that she decides she cannot complete or go through with the adoption process.  When a birth mother changes her mind regarding giving her baby up for adoption it is called rescinding.  Because there is no set way to determine how a mother will feel once she gives birth, most states will have a waiting period that essentially allows the mother the chance to change or rescind the adoption process.

There is no doubt that a couple who has waited for a long period of time to adopt a baby is overjoyed at the chance to finally have a baby to call their own.  They may have been part of the adoption process from the early stages of the birth mother’s pregnancy and may have prepared both their hearts and homes for many months in expectation for their new arrival.  When a mother chooses to rescind the adoption, the expectant couple is left heartbroken and devastated.  However, most states understand that the birth mother has a right to decide at the last minute if adoption is the best choice for her and her baby. The law accommodates this by providing a grace period, typically anywhere between forty-eight hours to up to a week after birth, for the mother to decide if she will ultimately place her child up for adoption or assume the parental role herself.  Sometimes, the reverse is true.  An adoptive couple may adopt what they believe is a completely healthy baby, only to find that the child has medical health problems and determines that they would like to rescind the adoption process.  It is imperative that both parties are assisted by an experienced adoption attorney who understands adoption from the legal as well as emotional view point.

Use our FREE lawyer locator to find attorneys with a specialized practice serving your specific zip code area.

We've compiled the most comprehensive database of local lawyers and attorneys throughout the country and we'll show you the ones that are closest to you. 

Thank you for visiting eLocalLawyers.com and we hope you find this information helpful.