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 for her child to be adopted. This is usually referred to as adoption consent. In some states, the consent is called a relinquishment, surrender, or placement agreement. Many states require that the birth mother wait for a period of time before a consent to adoption can be signed (e.g., 24, 48, or  72 hours or more after birth). This is called a waiting period.

 

Adoption Revocation

In many states, if a parent changes her mind about her child’s adoption, she may revoke her consent within a specific timeframe. This is called the revocation period. The laws about revocation periods vary from state to state. In some states, the placing parents have a 30-day revocation period. In twenty-five states, there is no revocation period at all, which means the adoption consent is irrevocable as soon as it is signed. 

State Laws on Consent and Revocation

While adoption consent and revocation are separate issues in state law, it’s difficult to discuss one without first explaining the other. To make consent and revocation laws a little easier to understand, we divided the state laws into four categories.

3 (5) No Waiting Period, No Time to Revoke Consent

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.

3 (4) No Waiting Period, Time to Revoke Consent

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.  

3 (3) Waiting Period, No Time to Revoke Consent

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.

3 (2) Waiting Period, Time to Revoke Consent

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.

8

Eight states have neither a waiting period or revocation period.
Placing parents should be extremely cautious of pressure to sign consents while still recovering from delivery.
Placing parents should be extremely cautious of pressure 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.

21

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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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
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