Understanding Adoption Laws
There are adoption laws every birth mothers should know
Adoption laws are designed to protect the rights of birth mothers, birth fathers, and the child.
Laws vary by state. After 25 years as an adoption agency, we understand the various state laws that will affect you.
You Have Rights as a Birth Mother
Your first right as a birth mother is to make decisions for yourself and your child. Regardless of the differences in state laws, all these laws are designed to make sure you, as a birth mother, are fully informed about your decision and that you know your choice is completely voluntary.
In most states, you can’t legally consent to an adoption until after your baby is born. This allows you time to make your final decision without pressure.
Consent Timing:
• Many states give you a period to change your mind (revocation period) • Some states make adoption consent final once signed
“I appreciated having time after birth to make my final decision,” says Rachel, 21, from Michigan. “Knowing I had this legal protection helped me feel more confident in my choice.”
“I felt so much more at peace knowing that I could take my time to decide,” said Sarah, a 24-year-old birth mother. “I wasn’t rushed, and that meant everything to me.”
Examples of State-by-State Revocation Periods:
- California: 30 days to change your mind
- Texas: Consent is irrevocable once signed
- New York: 45 days to change your mind
- Florida: 3 days to change your mind
Financial Support: What’s is Legal and What’s Not
Financial support is another area regulated by law. It’s important to understand that you can receive help with all pregnancy-related expenses. This includes:
- Rent
- Food allowance
- Utilities
- Phone and computer bills
- Medical expenses
- Travel to and from medical appointments
- Maternity clothing
- Childcare for dependent children while you are at medical appointments or in the hospital.
- Medical bills
- Counseling services
There are, however, limits. This ensures that the process is ethical, and no one feels as though they’re “buying” a baby.
For example:
- Texas requires financial assistance to be directly related to pregnancy or recovery.
- California birth mothers can receive living expenses up to six weeks after delivery.
- Utah limits living expense support to 6 months after birth
- Florida requires all expenses to be court-approved
- New York only allows medical and legal expense coverage
Privacy Rights
Your privacy is legally protected:
- You control who knows about the adoption
- Medical records remain confidential
- Court records can be sealed
- You choose how much identifying information to share
“Privacy was really important to me,” says Emma, 24, from Arizona. “I was glad to learn that I could choose exactly what information to share with the adoptive family.”
“I never felt pressured once,” says Jona, 20, from California. “only loved and supported. Kathy was always there when I needed here.”
Getting Legal Support
Every birth mother has the right to:
- Independent legal counsel
- Clear explanation of all documents
- Copies of everything you sign
- Time to review documents before signing
Remember: These laws exist to protect you and your baby. You have the right to:
- Make your own decisions
- Receive honest information
- Get answers to all your questions
- Change your mind within your state’s legal timeframe
Birth Father Rights
Understanding the role and rights of the birth father can feel complicated, but it’s an important part of the adoption process. In most states, the birth father’s consent is needed if he has legally established paternity. If the birth father does not support the adoption, the outcome can vary based on state laws.
For instance:
- In Florida, a birth father must be registered with the state’s Putative Father Registry to have a say in the adoption.
- In Utah, a birth father has only a limited amount of time to assert his parental rights, often as little as 24 hours after the baby’s birth.
“I was nervous about telling my baby’s father about the adoption,” shares Madison, 19, from Texas. “Heart to Heart helped me understand both his rights and mine, which made the conversation easier.”
“My baby’s father didn’t want the adoption, but he hadn’t been involved in my pregnancy,” explained Mia, a 21-year-old birth mother from Arizona. “I learned that he had to prove he could provide consistent support, and when he couldn’t, the adoption moved forward.”
If the birth father disagrees with the adoption, he typically must go to court to prove his parental rights. This often includes demonstrating financial and emotional support during the pregnancy.
Protecting Your Child’s Rights
Ultimately, adoption laws are about ensuring the best interests of the child. Every state prioritizes placing children in safe, loving homes. That’s why the process includes safeguards like legal reviews and counseling to make sure everyone involved understands their rights and responsibilities.
What If the Birth Father Is Absent?
If the birth father is not involved or cannot be located, states have procedures to address this. For example:
- In Georgia, you can proceed with adoption if the birth father has abandoned the pregnancy and has not provided support.
- In Illinois, a birth father’s consent may not be required if he has had no contact with the child for an extended period.
“I was scared because I hadn’t talked to my baby’s father in months,” shared Emily, a 19-year-old birth mother. “The agency explained everything, and I felt relieved knowing there were steps to protect my baby and me.”
If the birth father doesn’t agree with adoption, state laws vary:
In Utah:
- Birth fathers must register with the putative father registry before birth or within 24 hours after birth
- They must prove they’ve provided financial support during pregnancy
- They must show a commitment to parenting
In Florida:
- Birth fathers can register any time during pregnancy
- They must actively participate in prenatal care and support
- They have 30 days to respond to an adoption notice
“My baby’s father wasn’t involved during my pregnancy,” explains Jennifer, 25, from Illinois. “He tried to object to the adoption later, but because he hadn’t registered with the putative father registry or provided any support, his rights were terminated.”