View Full Version : What are my rights
Erica goodson
Mar 4, 2008, 12:50 PM
Can I get my parental rights back if my child has been adpotion?
ScottGem
Mar 4, 2008, 12:51 PM
Most likely not. To have any chance you would need to discuss the situation with an attorney.
Synnen
Mar 4, 2008, 01:08 PM
We'd need more of your story if we are to help you, but Scott is most likely right--you'd need a lawyer to have ANY chance, but the odds are low.
How did you lose parental rights to begin with?
peggyhill
Mar 4, 2008, 01:12 PM
I agree with the previous posts. If it's possible, it will be very hard. You should talk to a lawyer who has lots of experience in this area. Lots of times, you can get a free consultation to see if they can help you. How did you lose parental rights? Was it an open or closed adoption?
Fr_Chuck
Mar 4, 2008, 02:45 PM
Was the adoption legal, were all rights signed over, who and why was child given up. There are 100 what ifs. But as noted normally no they can not be.
Michelle Miller
Mar 4, 2008, 10:54 PM
NOOOOOOOOOOOOOOOOOOO!!
How long ago was it that your baby was adopted? Maybe if your baby is only a few days. Why didn't you figure out what you wanted before you signed the papers the adoptive parents are humans with feelings too! I understand that the birth mother should have the right to decide to keep her child. I mean it is her child but, once you have told a family they can have your child. They have been planning on having a baby just like a mother having a child would buying all kinds of things for the baby. Taking the baby back after you have convinced these people that they are going to be parents is just cruel. Why didn't you make up your mind before you signed the papers. If the baby has been with these people for a few years the AP are the babies parents to your baby. These are the only parents this baby has ever known. In fact the other day I was looking at a 5 month old and how her eyes lit up when she saw her mom and father. If this baby is already about 5 months old I am sorry you are no longer his or her mom. I know you are hurting but, to take the baby back would be cruel to the baby and adoptive parents. I am sorry to take the baby back now would be selfish unless you were forced into adoption. That is how I feel. I just don't understand and I think it is so wrong when I hear bm say well it is okay if I put it up for adoption because if I change my mind I have 10 days. Do you not realize you are also breaking these people's heart not to mention their wallet. If you are unsure whether you can go through with it or not don't tell them they can adopt the baby unless you are sure.
Synnen
Mar 4, 2008, 11:38 PM
NOOOOOOOOOOOOOOOOOOO!!!!!!!!!!!!!!!!!!!!!!!
How long ago was it that your baby was adopted? Maybe if your baby is only a few days. Why didn't you figure out what you wanted before you signed the papers the adoptive parents are humans with feelings too! I understand that the birth mother should have the right to decide to keep her child. I mean it is her child but, once you have told a family they can have your child. They have been planning on having a baby just like a mother having a child would buying all kinds of things for the baby. Taking the baby back after you have convinced these people that they are gonna be parents is just cruel. Why didn't you make up your mind before you signed the papers. If the baby has been with these people for a few years the AP are the babies parents to your baby. These are the only parents this baby has ever known. In fact the other day I was looking at a 5 month old and how her eyes lit up when she saw her mom and father. If this baby is already about 5 months old I am sorry you are no longer his or her mom. I know you are hurting but, to take the baby back would be cruel to the baby and adoptive parents. I am sorry to take the baby back now would be selfish unless you were forced into adoption. That is how I feel. I just don't understand and I think it is so wrong when I hear bm say well it is okay if I put it up for adoption because if I change my mind I have 10 days. Do you not realize you are also breaking these people's heart not to mention their wallet. If you are unsure wether you can go through with it or not don't tell them they can adopt the baby unless you are sure.
You're assuming she CHOSE adoption.
Her rights may have been severed, for some reason.
However---since you addressed it:
Coercion in adoption is subtle--you're practicing it yourself! I mean, those POOR adoptive parents, how they'll HURT if the baby they've been planning on doesn't get to be THEIRS after you TOLD them it COULD be! Shame on you! How can you hurt their feelings like that? You should just go through with it, because it's better for your baby (that you carried for 9 months) and better for the adoptive parents, and you'll eventually get over this adoption and have other kids and everything will be A-Okay for everyone! I mean, think about your BABY! Don't you want your baby to have TWO parents? Don't you want her to have the things you can't buy? Isn't it better for everyone if you just hand over that baby right now, young lady, because YOU can't be a good mother, not when you're still in high school and you can't hold a job and your parents SAY they'll help, but who will be there to help you when you have to study for a test and the baby won't stop crying because it has colic and your mom needs to sleep because she has to work in the morning so that she can help support this new mouth that you brought into the house... (deep breath)... I mean, really---how COULD you even THINK about keeping your baby?
(yes, that paragraph was deliberately run-on. It's meant to NOT give someone reading it time to THINK about it, just react to it, just like in a real adoption.)
On the other side of it, I don't think that adoptions should be rushed like they are, handing the baby over right after birth (because it's better to not get "attached"--as if you didn't in the womb) to the adoptive parents who are DYING to experience those first few months and bond with the baby. Foster care for the first several months with visitation for both birthfamilies and adoptive families is a better idea.
Because really--you don't KNOW what you're signing away when you sign those papers. They tell you that you're relinquishing your baby--but they don't tell you you're relinquishing EVERYTHING--the baby, the childhood, the title "mother", the respect of others (because you couldn't possibly REALLY love your baby if you could give her to strangers)... so many things they don't even TALK about before relinquishment.
And yeah--it generally hits about 5-6 months later what you are REALLY giving up--because that's about the time that the adoptive parents get tired of giving monthly updates, when it finally hits home for THEM that their baby isn't completely theirs--they have to share with the birthmom forever. Of course, they COULD just break all the promises they made to her to get their hands on her baby, since legally there's nothing to enforce them---so many do. They close the adoption, usually between the 1 year mark and the 4 year mark. They just... disappear.
Anyway... to the OP:
We need to know if this was a voluntary relinquishment, or if it was a court-ordered severance. We need to know what state you're in. We need to know the circumstances around the adoption. We simply can't answer your question without more information.
Michelle Miller
Mar 5, 2008, 12:08 AM
Okay I didn't finish reading the whole thing Synnen. In the beginning of what you wrote I could tell that you didn't understand what I mean. I never said that someone who gives their child up couldn't be a good mother. I never said because they were in high school or weren't married that they couldn't be a good mother. What I feel has nothing to do with whether she would be a good mother or not.
How long has this baby been with the adoptive parents? I am sorry after the baby has been with the adoptive parents I think it is too late. I know that the birth mother had the baby in her tummy. When a baby is an infant it starts to do all its bonding. I know you might say well the baby was bonding with the mom in her tummy. I saw a five month old the other day she looked at her daddy and you wouldn't believe the smile on her face. She new that was her daddy. I am sorry an adopted child feels the same about their parents. They bond with the parents that take care of them. As I said maybe she should get the baby back if it has only been a few days. If that baby has been with the adoptive parents for a while then that is just cruel. If the birth mother doesn't realize she wants to keep the baby until 5 months I am sorry she has given up her rights and is no longer that babies mom. If when the baby is born she is not sure what she wants then she shouldn't sign the papers until she is sure what she wants. She should be honest with the adoptive parents and if she has doubts she should tell the adoptive parents that so they don't waste a lot of money and let their guard down to love the child. Even if the mother keeps the baby for a couple months and then decides to do adoption then that is fine. I just think it is better for the bm not to say she wants to go with adoption until she is 100% sure.
If the baby has already been with the AP for a while then I am sorry it is too late. They are now the babies parent. I am not sure in this case because the writer did not let it be known how long it has been since her baby was adopted.
Mich
ScottGem
Mar 5, 2008, 06:57 AM
If the baby has already been with the AP for a while then I am sorry it is too late. They are now the babies parent. I am not sure in this case because the writer did not let it be known how long it has been since her baby was adopted.
That last sentence is the whole point here. We DON'T know. All we know is the OP had her rights severed and the baby adopted. We know nothing about the circumstances. For all we know, the OP was forced to sign over her rights for some reason. That's why your responses here were inappropriate. You made a lot of assumptions and berated the OP because of those assumptions. Prior to your first post, four other people answered properly, by saying it would be difficult to overturn the adoption, but we would need to know the circumstances to judge further.
All too often, the OP contains little information. In those cases we should step back and ask them to provide more info before we make a lot of assumptions that may not be the case.
Michelle Miller
Mar 23, 2008, 09:15 AM
Oh yeah, I still stand beside my answer. If you don't like it then I guess you can just agree to disagree.
Michelle
Alty
Mar 23, 2008, 09:20 AM
Michelle - You obviously feel very strongly about this, but your posts have nothing at all to do with the OP and her question. If you want to lament about adoption and the rights of the people involved, then I suggest that you start a new thread to that effect.
Having said that, I hope that the OP posts some more information so that we can give an accurate reply.
It is necessary to know whether she willingly placed the baby up for adoption, how long the baby has been with the adoptive parents, why she wants to get her baby back etc. etc.
Erica Goodson - please post more information so that we can give you advice. We cannot advise you what to do with the information that you provided.
FeelSoNumbZombie
Mar 23, 2008, 01:29 PM
I do not know why my answer was removed from this list? But to answer your original question Erica, you cannot have a finalized adoption revoked if it was done legally. Where both biological parents signed relinquishment to the adoptive parents. From reading the other threads, I understand what others maybe going through grief, over their adoption choices of the past. Because my own birth mother had as well.
My bmother continued to worry about me. Her entire life. Yet, open records and open adoption was not optional at the time. And she did not believe in abortion. She wanted her child to have a loving, Catholic, stable home at the time with two parents. And required it through the adoption agency. And they provided as such to her and her child for placement.
And on another point, I do hope that you were not coericed into your desire for relinquishment. Which happens often and then birthmother spends her life missing her child, for instance. Like mine did. She was informed that her child could no longer be kept in a foster home situation. They lied to her and coericed her into believing that if she did not choose adoption, her child would be basically throw into her never ending turmoil of a life again without her ability to keep her child at home with her and her family, and she had already tried to raise her child by herself, without help and found it overwhelming alone. So, she felt she had no other choice but to choose adoption, if the agency wasn't able to keep her child fostered until her life stablized.
Yet, many birthmothers do go on with their lives, after adoption.And some don't. Some become emotionally disabled through missing their child and regretting the choices that they made for that child or in their lives at the time. Like mine did.
Or they may still care for the safety and well being of the child that they carried for 10 calender months. This is why open adoption is fundamentally a requirement for a birthmother now-a-days, in order for her to even consider possible adoptive parents. Yet, it does not mean that the adoptive parents will honor that agreement after finalization of said adoption.
Either way, for whatever the reason, a child is now in a hopeful home with loving and stable parents.
And you need to take their feelings as well as your child's feelings into consideration. Depending upon how long they may have been fostered in the home, and when the child was adopted, how old your child is, etc.
Whatever you do, always keep your child's best interest at heart.
First and foremost.
Many of us have different opinion's about this. Because adoption of a child is a very emotional experience for everyone in the Adoption Triad Family.
A couple who wishes to love a child. A child needing a loving and stable home. A biological mother who may have decided upon adoption for her child or may have not had a choice in the matter due to any number of circumstances.
Without further details from you, we are at a loss in order to advise you. And it is my hope that what has been stated on this thread by everyone involved reaches you. And that you come to your own conclusion in the matter.
Adoptive parents know the risks of biological parents changing their mind during adoption proceeding's. Until finalization. At that time, they become a real family. Legally. As well as emotionally.
Ok, Mom is calling need to go eat Easter Dinner! Yum!
taxladywifeandmom
Mar 28, 2008, 10:53 AM
Okay I didn't finish reading the whole thing Synnen. In the beginning of what you wrote I could tell that you didn't understand what I mean. I never said that someone who gives their child up couldn't be a good mother. I never said because they were in high school or weren't married that they couldn't be a good mother. What I feel has nothing to do with wether she would be a good mother or not.
How long has this baby been with the adoptive parents? I am sorry after the baby has been with the adoptive parents I think it is too late. I know that the birth mother had the baby in her tummy. When a baby is an infant it starts to do all its bonding. I know you might say well the baby was bonding with the mom in her tummy. I saw a five month old the other day she looked at her daddy and you wouldn't believe the smile on her face. She new that was her daddy. I am sorry an adopted child feels the same about their parents. They bond with the parents that take care of them. As I said maybe she should get the baby back if it has only been a few days. If that baby has been with the adoptive parents for a while then that is just cruel. If the birth mother doesn't realize she wants to keep the baby until 5 months I am sorry she has given up her rights and is no longer that babies mom. If when the baby is born she is not sure what she wants then she shouldn't sign the papers until she is sure what she wants. She should be honest with the adoptive parents and if she has doubts she should tell the adoptive parents that so they don't waste a lot of money and let their gaurd down to love the child. Even if the mother keeps the baby for a couple months and then decides to do adoption then that is fine. I just think it is better for the bm not to say she wants to go with adoption until she is 100% sure.
If the baby has already been with the AP for a while then I am sorry it is too late. They are now the babies parent. I am not sure in this case because the writer did not let it be known how long it has been since her baby was adopted.
Mich
I think she is asking on here because she has probably heard your argument elsewhere. Your statements do not sound like they are intended to help but to argue your cause.
GV70
Apr 1, 2008, 11:33 AM
In my experience there have never been a case of an overturned adoption .
MOWERMAN2468
Apr 6, 2008, 07:54 AM
It would be very unlikely for you to regain your parental rights.