A parent’s rights are among some of the most protected by law in
the U.S. A parent must consent to adoption before their child is placed
with another family (with very few exceptions). If you’re a
parent considering adoption for your child, there are certain things you should know. If you are interested
in the adoption process for your child, but still have questions, start
with the common questions and answers below to make sure you know what
What Birth Parents Should Know About Adoption:
What happens if the
birth father opposes the adoption? If the father has established paternity, he must give consent/relinquish
his parental rights prior to the adoption of the child. In Arizona, there
is a 72 hour waiting period before consent may be executed. Unwed fathers
who do not file a notice of paternity claim may lose their right of consent.
Similarly, if unwed fathers do not respond to an adoption notice, they
could lose their right of consent. The only exception to this rule is
if the court has terminated the parental rights due to the best interests
of the child.
Do the birth parents choose the adoptive parents for their child? Yes,
birth parents can choose the adoptive parents of their child in a private
adoption. If there is an agency assisting them with the adoption, they
can ask the agency to assist them with this matter.
What if the grandparents (parents of a birth parent) oppose the adoption?
The grandparents (parents of a birth parent) cannot prevent an adoption
plan from going forward.
If the birth parent is under 18, do their parents (i.e. baby’s grandparents)
need to sign in order for the birth parent to place their child for adoption?
A minor birth parent’s parents are not required to sign in order
for the birth parent to place the child for adoption in most cases. For
information specific to your situation, contact an experienced adoption attorney.
Once a birth parent signs the adoption paperwork, can they change their
mind? After a birth parent consents to adoption, it can be difficult to
rescind. A birth parent may revoke consent to adoption only in very limited
circumstances. For instance, if consent for adoption was obtained through
fraud or duress.
Can the birth parent name the baby? And will the adoptive parents keep
that name? The birth parents can name the baby and receive a copy of the
original birth certificate, but the adoptive parents are not required
to keep the same name. In some adoptions, the birth parents and the adoptive
parents will work together to name the baby.
Are the birth parents/grandparents, etc. be allowed to see the baby? The
birth mother can see the baby while the baby is in the hospital up until she signs the
paperwork. Once the birth mother signs the adoption paperwork she no longer
has custody of the child. The birth father, grandparents, etc. are allowed
to see the baby at the birth mother’s discretion up until she signs
May the birth parent keep a picture of the baby? Yes, birth parents can
take photos of their baby in the hospital. In open adoptions, the adoptive
parents provide status letters/photos to birth parents regularly. With
a Post-Adoption Communication Agreement they can even make provisions
to visit the baby after the adoption.
If you have additional questions regarding the adoption process and what
you should know before you decide that adoption is the best choice for
your child, contact the Arizona family law attorneys at Arizona Family