January 25, 2021
Your Rights as a Birth Mother
Are you thinking about placing your child for adoption? We’re sure you have many questions, including ones about your legal rights.
As your child’s birth mother, you have the right to protect your body and your child, including the right to:
- Change your mind at any time during the adoption process before court finalization.
- Seek and receive professional adoption and personal counseling services.
- Have final approval on your child’s adoptive family and all elements of your adoption plan.
One of the biggest questions birth mothers have is, “what happens to my parental rights?” Relinquishing your rights as a parent is one of the final steps of your adoption process. When an adoption is finalized, the birth parents’ parental rights are officially and legally terminated. Every state allows a birth mother to freely change her mind at any point in the journey, including after her child is born—as long as it is before the courts finalize the adoption.
Each state has different adoption laws, so you need to be clear on your state’s rules. As your adoption agency, we would help you understand the adoption laws in your state. We also love Adoption Network’s state-by-state guide to adoption consent laws.
Another question many birth mothers have: Will you be able to communicate with your child following the finalization of an adoption? We always encourage adoptive and birth parents to work together to develop a responsible and healthy relationship. That’s what your adoption agency is for, to help ensure you have the adoption process you desire and that you and your child’s adoptive family are on the same page. Your wishes should always be made clear in a signed contract. Courts are generally unable to grant visitation or communication rights to birth parents unless a legal agreement was made at the finalization of the adoption.
If you’d like more information about your birth mother rights, this guide from American Adoption is a wonderful place to start. It lists the eight fundamental rights you have throughout your adoption process.
Above all: You have the right to protect yourself and to not commit to any aspect of your adoption process until you are fully aware of what is going on and the legal ramifications. As your adoption agency, we would be here to help you, keep you informed, and advocate for your rights every step of the way.
