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Question

If a biological mother puts her child up for adoption and decides later on, after the child has been adopted, that she wants the child back, could she legally receive custody of that child. Please provide sources if you know any.

Answer 1

Once TPR has been signed and the revocation period passed, then no, she cannot regain custody.

The exceptions would be if she could prove fraud or perhaps (depending on the state or province), if the first dad recently became aware of the child's existence, never signed away his rights, and wished to obtain custody. Even in that situation, I am sure there would be a time limit. Or at least there should be.

Answer 2

rather unusual.....sadly.

Answer 3

There was a case where that happened, I'll have to do some research to find it. I know it was recently, someone posted on here.

Answer 4

Only if she can prove fraud or coercion. Or if the APs relinquish their parental rights since they are now legally the parents. Even then, the ways the laws seem to work, the bio mom would have to re-adopt the child. Hmmmm, perhaps even obtain a home study. I just don't know. Good question.

eta: I'd be interested to see what red&sassy comes up with.

Answer 5

No.  Once a mother has had her parental rights terminated, there is no going back.

Answer 6

i dont think you can take the child back since they areafy make sure  every thing is not refundble

Answer 7

There have been cases where just this has happened. I feel so sorry for the adoptive family when the child is taken from them. This happened several years ago...perhaps the laws have changed by now.

Answer 8

I dont know the legal side. But put your childs and the adoptive parents into consideration. Think about how this may affect there lives as well as yours. It may be difficult for a child to be removed from there family that raised them. The a-parents may have a very difficult time coping with a loss of a child. Look through different views, Usually adoption is a permanent thing. The child may ask questions like: Why do you want me now? What about my life now? How will my life change? Will you treat me differently than my a-parents? Will this hurt my a-parents? Will this be awkward?

I advise you to see a pshycologist and ask about this because they can give you expertise knowledge on the situation. You can tell them everything and they can give you so many more answers on your question.

=)

Answer 9

Usually, once the adoption is Final the only real way to change it is to prove fraud of some kind....

Answer 10

Nope.  Once she signs a relinquishment there is no waiting time to change her mind.  She has not parental rights at all.  Some adoptions that don't use a relinquishment, the birth mother will have approximately 30 days to change her mind.  If it is after that 30 days, then she has on parental rights.

Answer 11

My brother and sister in law adopted a few years ago (in NJ) and they were told the mother has 6 months to change her mind....if she changed her mind at 5 mos, 31 days, 32 hrs, and 59 mins....they still had to give the baby back to her. Thank god she didn't....their adopted daughter has a much better life with them. I'm sorry i dont have sources, but it might be different for each state also.

have you ever seen the movie Losing Isaiah with Halle Berry? Where the mother was a crack head and threw her baby in the trash...she still got her baby back in the end after she did all that to him....because she never legally *signed* away her rights..

Answer 12

After the relinquishments are signed (before adoption is finalized) the bioparents have no rights to the child. Some states allow for the parents to go to court and PROVE that they were coeresd or made to sign. This is extremely difficult and expencive for them to do.

Another type of adoption that can be overturned is where the birthfather is not properly served and is trying to claim the child. Always use an adoption professional to make sure this is done right so you can rest easy.  It is important to make sure your adoption is ethical and all the legal ends are tied. To protect yourself, never enter an adoption situation where someone asks you to lie or they try to circumvent any rules like not informing the Birthfather.

  Adoption.com has a link that lists the laws and birthfather rules for each state as well as the timeframes and process for relinquishment.  Good luck!

Answer 13

No the child is legally the adoptive parents. The adoptive parents are on the child's birth certificate.

REFERENCE: My grandmother adopted twins that were 18 months. When the twins reached age 4 the birth mother wanted them back but they were already adopted by my grandmother. She was not able to "take" the children back because she signed over/lost her rights and the girls were legally my grandmother's Once the adoption is legal the birth mother has no say so whatsoever about her children that were adopted.

Answer 14

The laws vary from state to state.  It would be a very tough case for any birth mother sueing for custody after signing consent forms.  I know in most states that the birth mother can sue within the first year if they feel they were coerced (by force or money) to sign over their baby to the adoptive couple.  They would have the burden of proof on them though and that is very hard to do.  That is why an agency will tell an adoptive couple not to give extra money or gifts to a birth mother during the adoption process.  I think it would be a very hard case to win for the birth mother.

An adoption lawyer would be able to explain all this much better, but that is the gist.