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Can A Birth Mother Change Her Mind About Adoption?

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Can A Birth Mother Change Her Mind About Adoption?

Waiting for your adopted child to join your family is an exciting time. You have gotten everything prepared, and are ready to welcome them into your home and heart. However, anxiety may creep into your mind. Is it possible for the birth mother to change her mind?

A big factor in whether or not the birth mother can change her mind and keep the child is when she decides to do so.

Before the Birth

According to Indiana adoption laws, birth mothers can change their minds at any point before they sign consent forms. Consent forms legally cannot be signed until after birth.

This means that during the pregnancy, the birth mother is allowed to change her mind at any time. It could be halfway through the pregnancy, or the day before she goes into labor.

If you have been paying for the birth mother’s medical care or other expenses throughout the pregnancy, you may be able to file a lawsuit to be compensated for those costs in the event that she changes her mind.

Following the Birth

After the consent forms are signed, the birth mother has 30 days to file to withdraw consent. The court will then decide if reversing the adoption is in the best interest of the child.

Birth fathers who consented to the adoption prior to birth are unable to withdraw consent.

Once the adoption decree has been finalized by a judge, the birth mother cannot change her mind and cannot file to withdraw consent.
From this point on, the adoption can only be reversed under extreme circumstances. If it is discovered that the adoptive parents committed fraud or coerced the birth mother into agreeing to the adoption, the consent form is considered void.

Going through the process of adoption is complex. Our team at HOLLINGSWORTH ROBERTS MEANS can assist you with your legal adoption needs. Set up a consultation with one of our dedicated attorneys today to discuss your case by calling (888) 211-3888.