Can she unadopt?

Question

My aunt is a business woman only caring about work and such, real rich and buys me and my sister nice stuff. She got an accidental pregnancy, and found a nice family to adopt her baby. She signed all of the papers and stuff saying that they could have her baby. Now that she has had it, she wants to keep it, is she allowed to like opt out of the adoption? Please answer me, this is regarding my cousin!

Answer 1

yes you can before it is finalized the baby does not have to go home with the adoptive parents

Answer 2

Even once she signs the initial papers each state has a set time limit for the mother to renege on this. I know that in California it is one year. If your aunt is serious about it she has the right to renege on the adoption within the limitations set by the state. As with other answers she should seek legal counsel, however in the meantime you could probably look up the state regulations on line.

Answer 3

She needs to contact a lawyer ASAP.

I'm not that familiar with domestic infant adoption, but, I don't believe she can relinquish a child before it's born.

Answer 4

Yes, she can opt out.

Answer 5

Everybody is right, she does need a lawyer but I believe most states give the birth parents a chance to change thier mind. Depends on the state she lives in and the adoptive parents state. Only thing it will leave a bad taste in the adoptive parents mouth.

Answer 6

If this was before the birth, prebirth relinquishments are against the law and are not legally binding.  She has the right to change her mind after the birth.  The agency and the adoptive parents will apply pressure for her to relinquish.  She can raise her child by herself.  There are resources out there to help her.

Answer 7

Yes in most states there are many laws reguarding adoption..

In just know that in most cases you have a 24 to 48 hour period of time before the finial papers are signed!!

I would ask the lawyer who addressed the adoption to help with the unduing of the adoption..

Your Aunt now also has to talk to the adoptive parents and explaine her self to them, for they are about to be crushed.. Can you imagine if you are thinking that you are getting a baby only to be told not at the end??

I say for your aunt to talk to the lawyer!! FAST!! Good luck!!

Answer 8

Well I Was Adopted When I Was 6 And Lived With My Adopted Family Up till I was 13 When It Got Out Of Hand I Got Put Back in Foster Care I have A Social Worker And Asked Her To Look Into Being Unadopted Turnd Out That Its  Impossible Or So Im Told Although I Dont Think Thats True Im Sure There Is A Way There Has To Be And If You Find Out Cud Yuu Please Let Me Know?? :D

Jennix

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Answer 9

If she has all ready relinquished her parental rights in front of a judge there is nothing she can do. She's obligated. As long as she has not signed anything saying she is relinquishing her parental rights and the court has not terminated her parental rights she can still change her mind and opt to parent.

Answer 10

I t is my understanding that you can't sign away something that doesn't exist, like an unborn baby. The original papers would just constitute an intention of doing something in the future.

Answer 11

Yes she can. She has 48 to 72 hours to change her mind after the birth in most states.  Until those final papers are signed the adoptive parents can't do anything about it.

Answer 12

Sometimes, it depends on what agreement she made.  It should be in the adoption papers how long she has to change her mind.  Sometimes it's only 24 hours and other times the birth mother has up to a couple months to change her mind.

Answer 13

Yes she can.  Making a pre-birth adoption 'plan' or 'agreement' in no way obliges her to give her baby to anyone.    If she decides to keep her baby, she ought to be able to keep her baby!

Answer 14

She needs a attorney to represent her interest but every state has a period of time in which the mother can change her mind but it can be a very short period. This happens far more than you would realize and can be very upsetting to the couple that had planned to adopt. I hope she is not just making an emotional decision and is really willing to take on raising this child.

Answer 15

If this is really a woman "caring only about work and such", perhaps she should consider her original plan, which was likely more about the baby than her.  But in any case, if she has not signed the Relinquisment yet, she can choose to parent.

Answer 16

As many have noted here, she has a right to choose parenting over adoption.  The state guidelines are different for each state and dependent on the age of the child.  I assume that you are referring to a newborn, so you will need to check with the state the child was born in to find out what their timeframes are and it will also be dependent on whether or not your aunt signed any paperwork after the child was born.  She should contact an attorney to make sure that she is doing everything legally so that there aren't any loop holes that could cause her a problem.  It also protects the child.  

Good luck.

Answer 17

Although adoptions take months to actually finalize, meaning the adoptive parents aren't the parents yet, the relinquishment itself often is considered non-retractable after a very, very short period of time.

However, since the adoption is probably not yet final, she need to jump and fast.  I strongly, strongly suggest legal counsel, as she will need it.  If the child is not yet placed in the adoptive home, she's got it easier, but she still has to move on this like there's no tomorrow.  She's not the first woman to change her mind, and she has every right to do so. This is her child.  But, she's got to move very, very quickly.

EDIT for Jennifer:

As to the poster Jennifer and her question, it is not possible for the adopted person to nullify an adoption.  The only way around it is to have someone else adopt you.  Many states allow adults to adopt other adults.  I'm not sure of your current age, so unsure if this yet applies to you.  Anyway, that is your only option.

I've checked with legal counsel on this for someone else, so I know this is the case.

Answer 18

there is a time limit but it might vary by state. I thought it was 6 months but I am not sure.

Answer 19

good grief no...She should not be a wuss.. She agreed

Answer 20

If she still has the baby it is much easier for her to keep it.  She just says sorry - no.  If the adoptive family has the baby there will probably be lawyers involved.

Answer 21

in most states there is a period up to one year where you can change your mind. Maybe having this baby will change your aunt and she get her priorities right.

Answer 22

This is why birth mothers need have counciling before makeing any rash decisions. I am not sure about how it works to be honest with you. All I know is that she should have had a long hard think before deciding to adopt. I cant imagine how hard it would be for the adoptive parents too. One minute they think they are going to adopt a baby, next minute they dont! OMG

Answer 23

I think that there is a time limitation that you have to back out of an adoption even if paperwork has already been signed. You would need to do some research on your states adoption laws, but I'm pretty sure that until that baby has actually been released to the adoptive families custody its still the birth mothers choice.

Answer 24

-your aunt cannot sign away parental rights before a baby is born. all the papers she signed during pregnancy do not mean the baby is legally adopted.

-if she has not signed any papers after the baby was born, then the baby is hers. if she did sign relinquishment papers, she needs to know how long she has to change her mind.

-your cousin can change her mind, if her rights have not been terminated (in court).

i changed my mind 2 weeks before my son was born.  i was told by the adoption agency that the papers i signed were binding and i couldn't change my mind.  they lied... and my son is sitting next to me right now reading this...

please tell her to find out the relinquishment laws in her state.  also, tell her that the adoption counselor will NOT give her the support she needs. she needs to seek her own counselor and legal counsel.

i wish your aunt the best of luck!