USA Adoption Information for Birth Mothers
- The laws pertaining to a birth mother in an adoption are designed to protect her rights. These laws serve to ensure that a mother is not pressured into relinquishing her parental rights. The statutes also work to prevent a situation where a birth mother and prospective adoptive parents enter in a financial relationship that results in a violation of laws designed to prevent the selling of a child.
- An important piece of information for a birth mother to understand is that she cannot relinquish her rights to a unborn child. Any document signed by a birth mother while still pregnant is invalid.
All states require a waiting period after the birth of a child before the birth mother executes a relinquishment of her rights and a consent to the adoption. The time frame varies from state to state. Time frames run everywhere from six hours to three days in different jurisdictions in the United States. - All states permit prospective adoptive payments to make three types of payments on behalf of a birth mother. First, the prospective parents can pay all of the birth mother's medical bills associated with pregnancy and birth. Second, the prospective adoptive parent legally can pay for any medical expenses of the child before the adoptive is finalized. Finally, the prospective adoptive parents legally can pay reasonable living and legal expenses for the birth mother during the term of the pregnancy.
- A birth mother needs to be aware of the variations permitted when it comes to adoptions. Some states maintain laws on the books that mandate open adoptions. Generally speaking, an open adoption permits all parties to access information about the adoption--including the names of all parties involved--at some point in time. Closed adoption laws are on the books in other states. In these jurisdictions, the parties are unable to obtain specific information about the other parties involved in an adoption. Finally, there are states that permit both types of adoption, with the parties to a particular case--the birth mother and adoptive parent or parents--making the decision as to which course to take.
- A birth mother is wise to obtain legal assistance, an experienced attorney to represent her interests in an adoption case. Local and state bar associations maintains directories of attorneys in different practice areas. Contact information for these organizations is available through the American Bar Association (see Resources).