Even if a birth mother plans to put her baby up for adoption, she has parental rights until such time as she relinquishes those rights. Because the state laws governing the termination of parental rights vary, you should talk to a family law attorney familiar with the laws in your state of residence. The attorney will advise you of your legal and parental rights as you consider the option of adoption.
Decisions About Baby's Future
As the biological mother of your baby, you have the right to make decisions about your baby's care after he is born. Even so, any choices you make must not jeopardize the health or safety of the infant. If you considered placing the baby for adoption before he was born, you can change your mind should you decide that you want to raise the child yourself. You have the right to make your own choices concerning your baby's future free from pressure or manipulation.
Adoption
If you intended to place your baby for adoption and signed papers during your pregnancy, you can change your mind following the delivery. You will not be bound legally to go through with the adoption. However, if you still plan to place your baby for adoption, you might not be able to make the final decision on the matter based on your wishes alone. According to a 2004 report published by the Connecticut Office of Legislative Research, a baby's birth father has parental rights in all states, and therefore can have a say in adoption as long as he has established legal paternity. While adoption laws vary from state to state, in some states, both the maternal and paternal grandparents may have a say as well.
Choosing Adoptive Parents
As your child's birth parent, you have the right to work with an adoption or social service agency that can help you make the decision of whether to place your baby for adoption or parent the child yourself. You also have the right to work with an adoption agency or attorney of your choice. Likewise, you have the right to participate in choosing your infant's adoptive parents. An open adoption allows the birth mother to get to know the adoptive parents personally. Open adoptions are often the case when a birth parent wants regular, ongoing contact with a child after the adoption is finalized. If this is something you are considering, the American Bar Association warns that even though the parties involved can draw up a visitation agreement as part of the legal proceedings for the adoption, a court cannot enforce the agreement. Should the adoptive parents not permit you continued contact with your child later on, there is little you can do about it once the adoption becomes final.
Terminating Parental Rights
The Child Welfare Information Gateway points out the law requires that the parental rights of the natural parents be terminated before another person can adopt the child. Although birth mothers can voluntarily end their parental rights within a specified period of time, each state has its own legal requirements for terminating parental rights. The only exception is that every state recognizes that any documents a birth mother signs voluntarily relinquishing her parental rights before the baby is born are not legally binding should she change her mind afterward. Some states allow a birth mother to sign away her parental rights immediately following the birth of the baby. Other states require a waiting period of several days to several weeks before a birth mother is permitted to sign and voluntarily end her parental rights. A few states even make the birth parent appear in court in order to voluntarily relinquish her rights.
