Adoption is a very emotional process.
It is often due to hardship, poverty, and other extenuating circumstances that a birth mother decides that adoption will the best course of action for her baby’s welfare and well being.
When a birth mother changes her mind regarding giving her baby up for adoption it is called rescinding.
It’s no surprise that even though a birth mother has a change of heart once she gives birth and sees and holds her baby in her arms.
Because there is no set way to determine how a mother will feel once she gives birth, most states will have a waiting period that essentially allows the mother the chance to change or rescind the adoption process. The law accommodates this by providing a grace period, typically anywhere between forty-eight hours to up to a week after birth, for the mother to decide if she will ultimately place her child up for adoption or assume the parental role herself.
Sometimes, the reverse is true.
An adoptive couple may adopt what they believe is a completely healthy baby, only to find that the child has medical health problems and determines that they would like to rescind the adoption process.
Where adoption is concerned, it’s important that both parties are assisted by an experienced adoption attorney who understands adoption from the legal as well as emotional view point.