Placing a Baby for Adoption

Your Adoption Rights [Guide to Adoption Laws for Birth Parents]

The legal side of adoption can be confusing. If you’re like most prospective birth mothers, then you’re probably worried about which laws regarding adoption you need to know.

To help answer some of your questions, we’ve created a comprehensive guide for prospective birth mothers considering adoption. Find the answers to everything you’re looking for right here. And if there’s anything you’d like to go over while you’re reading, please fill out our free information form to be connected to an adoption professional today.

While we have done our best to provide a comprehensive guide to U.S. adoption laws you need to be aware of, please know that this article does not replace professional legal advice. When in doubt, always consult your adoption attorney for information on adoption laws and regulations for your state.

What are the Laws Regarding Adoption?

Every adoption is governed by state and federal adoption laws. These laws are created to protect the adoption rights of everyone involved. As the prospective birth mother, you don’t need to know every one of them. But you do need to be aware of a few of the most important ones. These include:

Your adoption attorney will go over each one of these in more detail, so don’t fret if you’re not familiar with them right now. We’ll go over them briefly in this guide, but your adoption agency and attorney will be there to provide more information to you once you start the process.

Are Adoption Laws the Same in Each State?

No. Each state has its own laws and regulations when it comes to adoption. So, what is acceptable in one state won’t work in another. For example, the adoption laws for each state will have a big effect on how much financial assistance you are able to receive and how long you have to wait to sign your consent to the adoption. Of course, your adoption attorney will go over your state laws regarding adoption with you as you’re getting started.

Can I Get My Baby Back After Adoption?

This is a common question that many prospective birth mothers want to know the answer to. State laws vary widely on how to get your child back after adoption and the situations in which this may be a possibility. However, if you are wondering, “If you give your baby up for adoption, can you get them back?” the answer is almost always a no. Once you have signed your consent to the adoption, and the revocation period has passed, you won’t be able to change your mind and get your baby back. This is the biggest legal consequences of adoption, so before you sign away your parental rights, make sure you are absolutely certain that this is what you want.

With that being said, you’ll have plenty of opportunities to change your mind throughout your adoption journey, just like every mother before you. You are never obligated to choose adoption if it’s not right for you. Whether you’ve already filled out the adoption plan, or you’re at the hospital getting ready to sign away your rights, your adoption professional will always respect your right to change your mind and parent your baby.

Are There Adoption Laws by State that Allow Paying Mothers for Adoption?

No. It is illegal in every state to receive payment in exchange for placing a child for adoption. However, it is possible to receive financial assistance that will cover your pregnancy- and adoption-related expenses. These funds can be used to cover:

  • Rent
  • Utilities
  • Transportation
  • Groceries
  • Adoption services
  • And more

Like most things in an adoption, how much you can receive will depend on the state you live in and how far you are in your pregnancy. To get a better idea of how much financial assistance you might be eligible to receive, please reach out to an adoption professional.

Are Open Adoption Agreements Legally Enforceable?

Yes and no. If you’re looking for a fully open adoption, we know that you’re probably worried about how your open adoption is legally enforceable and if there are any laws regarding post-placement agreement.

The answer to this depends on where you live. If you’d like, you can always create a post-adoption contact agreement with the adoptive family. But whether or not it will be legally enforceable will depend on post-adoption laws in your state

If you need to make sure that you live in a state with legally enforceable open adoption agreements, please reach out to your adoption agency or attorney for more information. They can answer any questions you have about birth mother rights in open adoption.

Are there Privacy Laws When You Give a Child Up for Adoption?

If you’re considering a closed adoption for your baby, then you’re probably worried about what privacy rights you’re entitled to.

The most important thing that you should know is that closed adoptions have changed a lot in the last few decades. While you always have the option of choosing this post-adoption relationship, it might not always be “closed” like you hoped. Due to the rise of social media, it is easier now than ever to find someone on the internet, even when they don’t want to be found. If you are considering this type of relationship, remember to talk to your adoption professional so that you can get an idea of what to be aware of.

Who Can I Contact for Legal Adoption Services?

Adoption attorneys and adoption agencies are one of the best places to start looking for adoption legal advice. A few private, national adoption agencies that you might think about contacting are:

You can also get in touch with an adoption professional now by completing this form. They can connect you with free legal adoption services as a woman considering adoption. If you plan on pursuing an independent adoption, you’ll still need the expertise of an adoption attorney. If you haven’t started looking at, check out the AAAA attorney directory to find a trusted professional in your area.  to find a trusted professional in your area.

 Who Will Handle My Legal Adoption Papers?

We know this learning about adoption rights can be overwhelming. It’s a lot to take in at once, no matter who you are. The good news is that it’s not your job to worry about filing adoption paperwork or figuring out the legal adoption procedure. This will all be taken care of by your adoption attorney and adoption agency. Your only job as the prospective birth mother is to focus on having a safe, healthy pregnancy and taking care of yourself.

If you want more information about the legal adoption process, adoption law or birth mother rights, you can get answers to all of your questions by reach out to an adoption professional. To speak to one today, please fill out our free information for to be contacted by an adoption agency today.

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