What are the birth mothers rights both before and after the consent is signed?
The birth mother has the right to parent her child until her consent to the adoption becomes irrevocable. (This is true even if she has already placed the child with the adopting family.) In the case of the adoption of the newborn, the most common time of signing the consent is within the first week of the child’s life. It becomes irrevocable on the 31st day after signing. The birth mother can also sign a relinquishment with an a licensed adoption agency. Some adopting families work with an agency in addition to their attorney. A relinquishment becomes irrevocable when it is accepted by the Department of Social Services in Sacramento. After the consent or relinquishment becomes irrevocable, the birth mother can petition the court to overturn the documents. The grounds for such actions are limited to fraud, duress or incompetency of the birth parent when signing, and very few consents or relinquishments are overturned.
Related Questions
- I signed a medical consent form at the hospital before giving birth that indicated the hospital was not responsible for any complications. Can I still bring a legal claim?
- Does a father have legal rights to his child if he has not signed the birth certificate?
- When is the Birth Mothers Consent to Adoption Signed?
