Adoption Consent
and Revocation

Woman's hands sign papers on a glass table

Adoption Consent

In most private adoptions, the birth mother must give her written permission before her child may be legally adopted. This is usually referred to as an adoption consent. In some states, it may be referred to as a relinquishment, surrender, or placement agreement. Many states require a waiting period after the child is born before the consent to adoption can be signed (for example, 24, 48, or  72 hours). 

 

Adoption Revocation

After the consent is signed, many states allow a revocation period. This is a limited timeframe during which a placing parent can withdraw consent and stop the adoption process. The laws about revocation periods vary from state to state. In many states, the placing parents have a time withdraw their consent. In twenty-five states, there is no revocation period at all, which means the adoption consent is irrevocable as soon as it is signed, except in very limited circumstances (for example, if the consent was obtained through fraud or duress).

State Laws on Consent and Revocation

To help you understand how different states handle these issues, we divided the state laws into four categories.

 AC Numbers_1 No Waiting Period and no Revocation Period

These states do not have a waiting period. Placing parents may sign the adoption any time after their child is born and their consent is irrevocable once they do.

 AC Numbers_2 No Waiting Period, with a Revocation Period

In these states, consent can be given at any time after birth, but there is some period during which the placing parent is allowed to change their mind about the adoption.  

 AC Numbers_3 Waiting Period, No Revocation Period

These states require a waiting period before consent can be given, typically 12 hours to 72 hours after birth. Once the consent is signed, there is no revocation period, and it is irrevocable and final.

 AC Numbers_4 Waiting Period, with a Revocation Period

These states have a waiting period before consent can be given and a revocation period after consent. The specific lengths of the waiting and revocation periods vary by state.

9
Eight states have neither a waiting period or revocation period.
Placing parents should be extremely cautious if asked to sign consents while still recovering from delivery.
Placing parents should be extremely cautious if asked to sign consents while still recovering from delivery.
12
Twelve states (including DC) have no waiting period but have a revocation period.
Placing parents should understand how long they have to change their minds about an adoption.
Placing parents should understand how long they have to change their minds about an adoption.
20
Twenty-one states have a waiting period but no revocation period.
Once signed, consents may not be withdrawn.
Once signed, consents may not be withdrawn.
10
Ten states have both a waiting period and a revocation period.
Placing parents should still always consult with their own attorney before signing consents.
Placing parents should still always consult with their own attorney before signing consents.
5
Five states allow placing parents to sign adoption consents before their child is born.
Placing parents are cautioned against consent to adoption before their child is born.
Placing parents are cautioned against consent to adoption before their child is born.

In all states, once the revocation period has passed, the placing parent may not revoke her adoption consent unless she can prove that she was defrauded or under duress when she agreed to sign the adoption consent or relinquishment.

It's important to note that a birth mother can face legal hurdles when she attempts to revoke her consent during the revocation period, which means that even if she revokes her consent, she may not necessarily result in the child being returned to the birth parent. It's important to consult your adoption attorney to understand your state's laws on this issue.

 

 

 

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Consent and Revocation No background map image
State Laws on Consent and Revocation
Alabama Alabama
Alaska Alaska
Arizona Arizona
Arkansas Arkansas
California California
Colorado Colorado
Connecticut Connecticut
Delaware Delaware
Florida Florida
Georgia Georgia
Hawaii Hawaii
Idaho Idaho
Illinois Illinois
Indiana Indiana
Iowa Iowa
Kansas Kansas
Kentucky Kentucky
Louisiana Louisiana
Maine Maine
Maryland Maryland
Massachusetts Massachusetts
Michigan Michigan
Minnesota Minnesota
Mississippi Mississippi
Missouri Missouri
Montana Montana
Nebraska Nebraska
Nevada Nevada
New Hampshire New Hampshire
New Jersey New Jersey
New Mexico New Mexico
New York New York
North Carolina North Carolina
North Dakota North Dakota
Ohio Ohio
Oklahoma Oklahoma
Oregon Oregon
Pennsylvania Pennsylvania
Rhode Island Rhode Island
South Carolina South Carolina
South Dakota South Dakota
Tennessee Tennessee
Texas Texas
Utah Utah
Vermont Vermont
Virginia Virginia
Washington Washington
West Virginia West Virginia
Wisconsin Wisconsin
Wyoming Wyoming
1 2 3 4 5 6 7 8 9

Because laws differ so dramatically across states, it is crucial for anyone considering adoption or revocation of consent to fully understand the rules that apply in the relevant jurisdiction.

You should consult an experienced and trustworthy adoption attorney to understand your rights and deadlines before signing any legal document.

Click Here to find an adoption attorney in your state.