Adoption is a big decision, and it’s normal to wonder if you’re doing the right thing. You may also wonder if you have the right to change your mind about placing your baby for adoption.
The answer is it depends. It depends on where you are in the process, what paperwork has been completed, and whether the paperwork was filed correctly.
Our experienced Pensacola adoption lawyers at Gulf Coast Adoptions explains changing your adoption decision.
Can You Change Your Mind About Adoption in Florida?
You can change your mind about adoption in Florida until you have signed a valid Consent to Adoption.
Before birth, you may decide that you no longer want to place the child for adoption. After birth, you may sign the consent after 48 hours or when you are notified that you are fit for discharge from the birthing center, whichever is earlier. Before you sign the form, you can change your mind. Once you sign the form, it is irrevocable.
If the child is over six months old, how long do you have to change your mind about adoption in Florida?
If the child is over six months old, there is a three-day window to change your mind about adoption. Once the Consent to Adoption form is complete, the parent executing the form may change their mind during the revocation period.
How Long Does a Birth Mother Have to Change Her Mind About Adoption in Florida?
A birth mother may change her mind about adoption in Florida until they complete a valid Consent to Adoption. The document may not be completed until 48 hours after the birth or until the mother is fit for discharge from the birthing center, whichever is earlier.
Understanding Your Rights as a Birth Parent
You may have a preplanned birth agreement and may have even chosen an adoptive family. They may have helped you with living and medical expenses during your pregnancy. It’s almost time for the baby to be born.
You can still change your mind.
In Florida, adoption is complete when the child is born, and the mother has signed a Consent to Adoption.
If the Consent to Adoption form isn’t completed yet, you can still change your mind.
What if the prospective adoptive parents paid for my living and medical expenses?
Even if the prospective adoptive parents paid for your living and medical expenses, it is possible to revoke your consent. Florida Statutes § 63.085 says that having expenses paid does not obligate the birth mother to complete a Consent to Adoption.
What if we signed a preplanned adoption agreement? Can I still change my mind then?
Florida Statutes § 63.213 allows preplanned adoption agreements. However, it’s not a final transfer of custody or consent until 48 hours after birth. The birth mother must have known about her right to rescind within 48 hours and have chosen not to rescind.
What about fathers? Can they change their mind about adoption?
An unmarried biological father must act promptly if they don’t want the child adopted. Ideally, the father executes a Voluntary Acknowledgement of Paternity along with the child’s mother. The father may also sign up for the Florida Putative Father Registry. Without actively taking steps to assert parental rights and a desire to parent the child, a father may default and the adoption may proceed.
A father may execute a Consent to Adoption anytime after the child’s birth. (Florida Statutes § 63.082(4)(b)). Once it is complete, it is binding.
Can consent ever be withdrawn?
In Florida, consent may be withdrawn if the parent can show that it was given under fraud or duress. In M.J.G. v. A. Julia Graves, 4D21-1675 (Fla. 4th DCA January 5, 2022), the court said that valid consent may not be withdrawn because of a whim or change of heart.
The law in your state may be different
While these are the laws for Florida, the laws in your state may be different.
Note: Different rules for surrogacy may apply. Contact us to talk about your situation.
Emotional Considerations and Support Systems
At Gulf Coast Adoptions, we know how personal and important this decision is. That’s why we spend hours talking on the phone with birth mothers for free. We know you are making an emotional decision and need support systems. There are many reasons people place their children for adoption – and many reasons that they change their minds. We’re here to listen, answer your questions, and offer our perspective.
To talk to us, call or message us now.