Adoption is a big decision. It can be a fantastic thing for a child who needs a loving home, or it can be the best decision for a parent unable to care for their child. But what happens when parents change their minds after putting their child up for adoption? Can they take them back? In this blog post, we will explore parental rights in adoption and whether or not someone can change their mind after placing their child up for adoption.
When it comes to adoption, the law varies from state to state. Generally speaking, parents who put their child up for adoption have the right to revoke their consent within a certain amount of time after signing the adoption papers. This period is typically referred to as the “revocation period” and can range anywhere from 30 days to six months. During this time, the adoptive parents can only finalize the adoption once this period has passed and parental rights are completely terminated.
Once the revocation period has passed, parents cannot take back their child without going through a complicated legal process with an experienced family lawyer. Depending on the circumstances of each case, courts may choose to grant or deny a parent’s request due to the child’s best interest.
What Are The Rules In Utah?
In Utah, an Adoption Withdrawal Statute outlines the steps to take if you decide to change your mind about placing your child up for adoption. According to this statute, a parent may withdraw their consent to an adoption at any time before the entry of final judgment by filing a written request with the court that granted the original petition for adoption. In addition, the parent must provide proof of identification and legal documentation proving they are indeed the child’s legal parents.
If a withdrawal is filed after the final judgment has been entered, it will be up to the judge or court system to allow it. The court will consider factors such as how long before or after the completion of the adoption process did the parent file their request, the current living situation of the child, and any other relevant factors. If the court allows for a withdrawal, the adoption will be voided, and the original legal parent(s) will regain full custody of their child.
It is important to note that voluntary terminations do not fall under this statute and are handled by a separate agreement between both parties outside of court. Additionally, suppose you have already placed your child up for adoption but are concerned about being able to stay in contact with them even after they are adopted. In that case, consider looking into an open or semi-open adoption plan. Open adoptions allow adoptive parents and birth parents to maintain some form of contact after the adoption is finalized. If both parties agree, this contact can be through phone calls, emails, or visits.
It is important to note that parents should never decide to put a child up for adoption without consulting an experienced lawyer about their rights and options. Additionally, if the parents choose to move forward with adoption, they must be sure they are committing fully before signing any legal documents. This will prevent them from facing unnecessary hardships if they change their mind later.
At our family law firm, we understand how difficult it can be to make decisions regarding adoption. If you or someone you know has questions about putting a child up for adoption and whether or not it’s possible to change one’s mind later on, please don’t hesitate to call us. Our experienced lawyers are here to help you every step of the way.