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What Are a Birth Mother’s Rights?


When a mother decides to give her child up for adoption, she retains a significant number of rights and powers until the legal contracts involved are signed and completed. Even then, the birth mother may retain certain rights that can be important to know for anyone going through this process. If a birth mother’s rights are violated or ignored, there may be legal consequences for this wrongdoing.

Rights for Birth Mothers during Adoption

Until the full affidavit of relinquishment, the contract giving up parental rights over the child is signed and completed, a birth mother may keep full rights over her child. These include the following:

  • Changing her mind up until signing the relinquishment
  • Choosing her child’s adoptive parents
  • Holding or caring for the child up until signing the relinquishment
  • Contacting the adoptive parents, unless it would breach a trust agreement
  • Enlisting in a voluntary parent registry for children to search for later in life

With few exceptions, once the affidavit of relinquishment and other waivers are signed, a birth mother loses parental rights over her child. She maintains the right to contact the adoptive parents, if it doesn’t violate a separate agreement between those parties, and may be contacted by her child as an adult or under an agreement with the adoptive parents.

Contact Us

If you’re concerned about your rights during the adoption process, we may be able to provide you with legal advice and representation to argue your case before the courts. To learn more about your rights and options when entering into the legal process of child adoption, contact an attorney from Diggs & Sadler today at 713-766-5355.

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