View Full Version : Domestic Adoption - How long does birth mom have to change her mind?

01-09-2005, 05:32 PM
Does it vary by state? We live in Texas now, but are soon moving to Louisiana. The agency we want to use is in Texas, so the adoption would be subject to the laws of Texas, right, regardless of which state we live in? I've heard in TX that the birth mom only has 48 hrs to change her mind, as opposed to 3-6 mos in some other states. Does anyone know if this is true? It would be hard enough to have the birth mom change her mind at all, but after 6 months of being mom to a child I don't think I could bear to lose him/her. We are just starting to look into adoption, so any tips or info would be greatly appreciated.

01-09-2005, 06:49 PM
I am not familiar with Texas adoption laws, but I have adopted domestically, so here's what I can tell you.....

The amount of time that a birthmother can revoke her consent does vary by state (also, there tends to be different guidelines for birthfathers as far as when their consent can be obtained, when it becomes legal, what happens if the birthfather is unknown, etc). I believe that the laws of the state that the child is born in are the ones that are followed for the adoption, so here's a link concerning adoption laws in Texas :


It is also important to note that while a birthmother can sign her rights over starting at the 48th hour after birth, it doesn't mean that she has to (she might need more time before making the decision -she can take as long as she wants to make the decision). Also, there is usually a waiting period before the child can be taken from birth state to his/her new home state (amount of time is dependant on the state's involved and how quickly paperwork and people move, can be days, could be weeks).

I hope this helped a little. Let me know if I can answer anything else for you. Good luck.

~Connor's Mom~
http://lilypie.com/baby1/050204/1/0/1/-6/.png (http://lilypie.com)

01-10-2005, 08:33 AM
It does vary by state, and I know that Texas is one of the best states for the adoptive couple. We looked at agencies in Texas and Oklahoma, because of the favorable laws, before we chose Oklahoma. We've adopted both our kids from Oklahoma (2001 and 2004).

In OK, the birth mom can go to court as soon as 48 hours after giving birth. Once they give consent in court, they can never change their minds. The birth father has very few rights in OK, and has to be VERY involved during the pregnancy to have any chance of contesting the adoption. Our second birthfather contested, and our agency beat him in court. (our agency has never lost to a birth father).

It is important to use an agency that really takes care of the birth mom's, since they will be there with her those critical 48 hours (not to mention during the whole pregnancy) to reassure her that she's doing the right thing. Birth moms can and do change their minds after having the baby, so that 48 hours is critical.

Also, the waiting time after birth before you can leave the state is for the interstate compac (sp?). Both Texas and LA will have to approve the adoption, and this can take at least a week and sometimes several weeks. You need to be prepared to live with the baby in a hotel or apartment in TX while this goes through.

Best of luck, and I'd be happy to share any more that I know.


01-10-2005, 11:09 AM
I believe I've seen on "Adoption Stories," that Utah, as soon as the birthmother signs the papers in court (which I think was 48 hours?) that it is done and finalized. You might want to check that out.

I found a great PDF that shows laws by State:


01-23-2005, 04:23 PM
It varies by state.

Also keep in mind that this rarely happens, I read the percentage in an article about the myths of domestic adoption in Adoptive Families magazine, it was very low.

Best wishes!

07-06-2005, 11:21 AM
In PA, the birthmother (or birthparents) sign a form stating their intent to give the child up for adoption after 72 hours. In the next 30 days after that, they can change their minds and legal custody of the child belongs to the agency. Also, following that there's a hearing where the judge signs a court order confirming that the birthparents' parental rights are terminated. Finalization is after 6 months pending at least 3 post-placement visits.