Consent, Father Rights, Revocation and Open Adoption Agreements

Wondering about the adoption laws in your state? We all do. One of the things that must be fix in adoption is that there is a whole patchwork of state laws that affect the natural rights of parents to consent to adoption, when they can change their minds  and revoke consent and what right fathers have, plus any true “choice” in contact with your child post-adoption. This allows the adoption professionals to move both mothers and babies around to different states depending on their adoption laws.

To check for the state statute numbers, the Child Welfare Information Gateway has a very good search tool.  Double verify the particular state codes numbers on the state .gov website to make sure it is up to date.

How to Use the State Adoption Law Chart

Checking All States that Pertain to the Adoption

As adoption is generally considered a state by state issue, you must look up the laws in the state you are giving birth in to find the  consent time and the revoke time frame. Putative Fathers Rights laws tend to jump around a bit and should be looked at for the state the father lived in, the state the child was conceived in and the state the the child is born in. For open agreements and their legality and enforce-ability ( which doesn’t exist ) look at the state the adoption was finalized it, where the child will be living and also the state that the child was born in. They don’t make it easy!

When the Relinquishment Consent Can be Signed

The second column is the amount of time post birth that a mother can sign the relinquishment consent to adopt in each state. Many adoption agencies and professionals want a mother to sign away her parental rights as soon as possible as that allows them to confirm that the transaction will take place.  There are NO LAWS saying she must sign off as soon as possible as allowed by law. A consent to adoption can take place any time AFTER the state laws and proponents of ethical adoptions know that the longer a time frame a mother had, the better she will be about her decision.

• Adoption Consent forms should NEVER be signed before birth.At that point the pregnancy is still not real and a mother cannot consent to  relinquish an idea or concept.
• Consent to relinquish should NEVER be signed while the mother is still in the hospital. She is still recovering form the birth and is also frequently on pain medications.
• It is ILLEGAL to force or coerce a mother to sign away the rights to her child by threatening to make her “pay back” medical bills or expenses, but these tactics DO happen every day in the USA. with very little ramification except that mothers lose their children to adoption.
• No matter how much an agency or adoptive parents have support a mother; SHE HAS THE RIGHT TO CHANGE HER MIND and NOT agree to an Adoption.

Revoke Time Frame

The Revoke Time Frame represents the amount of time a parent who has already signed the consent form can go back to the agency and revoke their consent to adoption. Again, the adoption industry prefers states like Florida where once a mother consents to adoption, she has NO TIME to change her mind.  It’s really quite insane as you can go back to the store and return a store purchase or even return a car or cancel airline reservations or pull a bid for a house, but you can sign away your motherhood with no recourse.

Please not that even if a mother has the legal right to revoke consent and does during the allowed time frame, there is NO guaranteeing that she will get her baby back. many agencies have little explained clauses that say they “will determine IF a mother has adequate resources to care for her child”. Often with the consent  a mother gives the agency or lawyers or the prospective adoptive parents a power of attorney and legal guardianship. These can be used to keep possession of the baby. Then, there are often court battles in which the adoption industry knows how to play. They wait until the mother, who often has less ways to pay for the required legal support, gets worn down or broke and gives up. Also, in adoption, possession is 9/10ths of the law. If the refuse to hand over the baby, there is little to be done. The police do not like to get involved as they see these issues as child custody and refer back to the courts. My advise, revoke as soon as possible and the minute they start hemming and hawing, contact authorizes and declare a kidnapping. If the adoption is over state lines, call the FBI.

Father’s Rights

Natural fathers have an even harder time in Adoption that the mothers do. While many states have Putative Father’s Registries, the great majority of men have NO idea that they exist or that they should sign up on them to protect their rights to their children.

 

Please see the Father’s Rights Pages for more information pertaining just to fathers rights to child custody in adoption.

Open Adoption Agreements

While countless Adoption Agencies Websites say things like:

• 100% of all birthmothers have the right to choose the amount of openness in the adoptive relationship.
• You have the right to choose the amount of contact you want with the adoptive family as your baby grows up
• In addition to choosing what family to place her child with, today’s birth mothers can also choose how much future contact they desire with the adoptive family and their child. Birth mothers can see the child grow up through pictures and letters; some birth mothers may even specify a fully open adoption, which includes the opportunity to visit the child.

Unfortunately, these statements are lies. While a birth mother might “choose” how much contact they want, once they sign the relinquishment consent, they lose all power to have that level of openness is continued. All legal power is transferred to the adoptive family and they can, and often do, whatever thy like which can mean closing the adoption.

This chart was created back in 2006, and I admit I haven’t had the time to check it all to make sure it is 100% accurate, but I wanted to make it available for use. If you happen to see an error, please not it in the comments or send me corrections at Fix Adoption at Gmail dot com.

STATE	To SIGN	REVOKE TIME FRAME	FATHERS RIGHTS	OPEN AGREEMENTS
AL	while PG	5 days/ unless there is evidence of fraud or duress14 days/ unless it can be shown that revocation is in the best interests of child.	putative father registryfile prior to the child’s birth, or within 30 days after the child’s birth.Statute: Section 26-10C-1.	issues are not addressed
AK	anytime after birth	10 days unless it can be shown that revocation is in the best interests of child.	A putative father is entitled to receive notice of adoption proceedings.No registry	not prohibited./ not enfoced
AR	72 hours	Consent was obtained by fraud, duress, or coercion within 90 days	putative father registryfile prior to the child’s birth or within 30 days after the child’s birth.	An agreement is not enforceable unless the agreement is in writing and is approved by the court. An agreement entered into pursuant to this section is enforceable even if it does not disclose the identity of the parties to the agreement.require the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the court
AR	Pre Birth and anytime after birth	10 days ( can be reduced to 5 with signature)	putative father registryfile prior to the child’s birth, or at anytime prior to the filing of a petition for adoption.Statutes: Arkansas Code Ann. sec. 9-9-224	issues are not addressed
CA	In a direct placement, consent may only take place after the discharge of the mother from the hospital. If the mother is required to be hospitalized longer than the child, consent may be given with verification of competency from her physician. Relinquishment to an agency can take place any time after the birth of the child.	In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request the return of the child or sign a waiver of the right to revoke consent.In an agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.	The father must bring an action declaring the existence of a father-child relationship within 30 days of service of the notice of adoption proceedings, or the birth of the child, whichever is later.Notice must be given at least 10 days prior to a proceeding to every person identified as the natural father or a possible natural father.no registry	legally enforceable for agency adoptions but not for independent adoptions/require the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the court
CO	anytime after birth	Consent was obtained by fraud, duress, or coercion filed within 90 days	must file a paternity action within 30 days after the child’s birth, or within 30 days after receiving notice that he is the father or likely father. The putative father must file an answer within 20 days after service of notice of termination proceedings.No registry	issues are not addressed
CT	48 hours	There is a finding that withdrawal of consent is in the best interests of the child.	required by the probate court to provide the identity of the father and must sign a statement of fact.father may file at any time, but no later than 60 days after the date of notice of termination proceedingsNo registry	require the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the court
DE	anytime after birth	60 days	putative father registrymust register in the Registry of Paternity before the birth of the child or within 30 days after the birth of the child	issues are not addressed
DC	72 hours	10 days	When a parent cannot be located, or has abandoned the prospective adopted person, and voluntarily failed to contribute to his of her support for a period of at least 6 months preceding the date of the filing of the petition, notice is not required.	issues are not addressed
FL	48 hours	3 days if agency / unless there is evidence of fraud or duressConsent was obtained by fraud, duress, or coercion in a private placement	putative father registrymay be filed at any time prior to the child’s birth, or the filing of a petition for termination of rights.Chapter 63, particularly 63.053-054 Florida Statutes	the court, at its discretion, may refer the parties to mediationand the court may be involved, but it is not leagally enforcable
GA	anytime after birth	10 days.	putative father registryThe putative father must file a petition to legitimate the child within 30 days of receipt of notice of termination proceedings.Statutes: 15-11-2 and 19-11-9	issues are not addressed
Hi	while PG and then anytime after birth	There is a finding that withdrawal of consent is in the best interests of the child.	The putative father must file within 30 days after the child’s birth if the mother relinquishes the child for adoption during the 30 day period.No registry	issues are not addressed
ID	no time frame in laws		putative father registryMay be filed prior to the child’s birth, but must be filed prior to placement or the commencement of any proceeding to terminate the parental rights of the birth mother, whichever occurs firstStatutes: Idaho Code: 16.1513	issues are not addressed
IL	72 hours	Consent was obtained by fraud, duress, or coercion claimed within 12 months.	putative father registryno later than 30 days after the child’s birth.	issues are not addressed
IN	anytime after birth	30 daysunless it can be shown that revocation is in the best interests of child.	putative father registrywithin 30 days after the child’s birth, or within 30 days of the date of the filing of a petition for the child’s adoption, whichever occurs later.Statutes: IC 31-19-9-12 and IC 31-19-5	may file a petition with the court entering the adoption decree to compel a birth parent or an adoptive parent to comply with the postadoption contact agreement.
IA	72 hours	96 hours unless there is evidence of fraud or duress	putative father registryprior to the child’s birth, but no later than the date of the filing of the petition for termination of rights.Statutes: Iowa Code Ann. § 144.12A & 600A.6	issues are not addressed
KS	12 hours	Consent was obtained by fraud, duress, or coercion, claimed within 2 years..	If the putative father fails to appear, or if appearing, fails to claim custodial rights, parental rights shall be terminated.No registry	issues are not addressed
KY	72 hours	20 days	father is made a party, prior to the final order in the termination proceeding, he acknowledges the child as his own by asserting paternity in the action, to the custodial agency, or the party bringing the action, within 60 days after the child’s birthNo registry.	issues are not addressed
LA	5 days	IF consent is given before 5 days after birth?	putative father registryfather may oppose an adoption by filing a declaration of intention, which must be filed within 15 days after service of notice of surrender, or from the time he was served with notice of adoption,Statutes: LSA – R.S. 9:400statutes support identification of fathers and require agencies to exercise due diligence in locating them.	A continuing contact agreement shall be enforceable only if filed with the court and approved in accordance with Article 1269.4.require the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the court
ME	anytime after birth	3 days unless there is evidence of fraud or duressAn adoptive placement is not finalized with a specific family or within 90 days	father may file within 20 days after notice of adoption is given, or within a longer period of time as ordered by the judgeNo registry	issues are not addressed
MD	no time frame in laws	30 days	father must acknowledge himself to be the father, orally or in writing, and the natural mother must agree that he is the father and must anwer court ordes within 30 daysNo Registry	A juvenile court or other court of competent jurisdiction shall enforce a written agreement made in accordance with this section unless enforcement is not in the adopted person’s best interests.the court, at its discretion, may refer the parties to mediation
MA	4 days	all consents are irrevokable	putative father registryStatutes: Mass. Code: Ch. 210. Sec. 4AWithin 30 days of notice concerning the child’s adoption, the person claiming paternity must file a petition for adoption or custody of the child with the probate court.form online	To be enforceable, an agreement for postadoption contact or communication shall be in writing, approved by the court prior to the date for entry of the adoption decree, incorporated but not merged into the adoption decree, and shall survive as an independent contract.Any party seeking to enforce an agreement may voluntarily choose mediation
MI		The person who granted consent may petition the court for a hearing on whether to grant revocation. A release may not be revoked if the child has been placed for adoption, unless the child was placed as provided by § 710.41(2) [while an appeal of a termination of parental rights is pending], and a petition has been filed for a rehearing within the time required.	mother may file an ex parte petition that requests the court to notify the putative father about his rights to file a notice to claim paternitNo registry	issues are not addressed
MN	72 hours	10days	putative father registryMust register no later than 30 days after the child’s birth. Who has registered must file his intent to initiate a paternity action within 30 days after receiving notice from the adoption registry in order to preserve his rights to the child.Statutes: Minn. Stat. sec. 259.52	not legally enforceable unless the terms of the agreement are contained in a written court order entered in accordance with this sectionrequire the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the court
MS	72 hours	no provision for revoke of consent	In the case of a child born out of wedlock, the father shall not have a right to object to an adoption unless he has demonstrated, within 30 days, a full commitment to being a parent.No registry	issues are not addressed
MO	48 hours	Consent was obtained by fraud, duress, or coercion, claimed within 2 years..	putative father registrymay file prior to the child’s birth, or within 15 days after the child’s birth, a notice of intent to claim paternity or an acknowledgment of paternity form.Booklet online	enforcement is not addressed Considered to be at the sole discretion of the adoptive parents.
MT	72 hours	The parents and adoptive parents mutually agree to the withdrawal of consentwith in 21 days	putative father registryMay file prior to the child’s birth, but no later than 72 hours after the child’s birthStatutes: 42-2-201 et seq.	Court can find that an agreement is NOT enforcable and choose not to
NE	48 hours	no provision for revoke of consent	putative father registry“Biological Father Registry” Neb. Rev. Stats: sec. 43-104.01 & 02may file within 5 business days after the child’s birth, within 5 business days after receipt of notice of adoption proceedings, or within 5 business days after the last date of any published notice, whichever is later.only basis on which a woman can refuse to disclose the name of her child’s father, unless she does not know, is if her own safety or that of the child would be called into question	Any such agreement shall not be enforceable unless approved by the court pursuant to § 43-163.
NV	72 hours	An adoptive placement is not finalized with a specific family (becasue they are found to be unsuitable) or finalized within 2 years	father must appear at the proceeding and claim custodial rights.No registry	Any action to enforce the terms of an agreement that provides for postadoptive contact must be commenced not later than 120 days after the date on which the agreement was breached.
NH	72 hours	There is a finding that withdrawal of consent is in the best interests of the child.	putative father registryfile prior to the birth mother’s parental rights being surrendered or involuntarily terminated.30 days from the date of notice to request a hearing to prove that he is the father.	To be enforceable, a voluntarily mediated agreement shall be in writing, approved by the court prior to the date for entry of any adoption decree, incorporated but not merged into any adoption decree, and shall survive as an independent agreement./ require the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the court
NJ	72 hours	Consent was obtained by fraud, duress, or coercion, claimed within 2 years..	may file written objections within 20 days of receipt of notice of adoption proceedings in the case of a resident, or within 35 days if a nonresident. The putative father is entitled to notice if within 120 days of the child’s birth, or prior to the date of a preliminary hearing (whichever occurs first), he has acknowledged paternity by amending the birth certificate or filing a paternity action in court.No registry	issues are not addressed
NM	48 hours	Consent was obtained by fraud, duress, or coercion, claimed within 2 years..	putative father registryfather may file an intent to claim paternity prior to or after the child’s birth.Statutes: 32A-5-20; & 7.2.2 NMAC & Health Statistics	The court shall retain jurisdiction after the decree of adoption is entered if the decree contains an agreement for contact, for the purpose of hearing motions
NY	no time frame in laws	if consents are signed outside of court 45 days private adoption / 30 days agency adoption unless there is evidence of fraud or duress	putative father registryfather may file an intent to claim paternity prior to or after the child’s birth.Statutes: § 372-c	legally enforceable for agency adoptions but not for independent adoptionsAgreements regarding communication with contact between an adoptive child, adoptive parent or parents, and a birth parent or parents and/or biological siblings or half-siblings of an adoptive child shall not be legally enforceable unless the terms of the agreement are incorporated into a written court order.
NC	anytime after birth	7 days/ 5 days in direct placementunless there is evidence of fraud or duress	Must file within 15 days of receiving notice of the mother’s intent to place the child for adoption Is not entitled to further notice of adoption proceedings if he fails to respond Must file a response to an adoption petition within 30 days after service of noticeNo registry	Permits agreements by mutual consent,.The agreement itself shall not be enforceable.
ND	anytime after birth	There is a finding that withdrawal of consent is in the best interests of the child.	father must appear and claim custodial rights.No registry	issues are not addressed
OH	72 hours	There is a finding that withdrawal of consent is in the best interests of the child.	putative father registrywithin 30 days after the child’s birth.form online	state that mutual agreements for contact are nonbinding and nonenforceable.An open adoption is not enforceable.
OK	anytime after birth	15 dyas for extrajudical concentsunless there is evidence of fraud or duressThe parents and adoptive parents mutually agree to the withdrawal of consent within 21 daysAn adoptive placement is not finalized with a specific family or within 90days	putative father registrymust complete the enclosed preaddressed form within 30 days from the date that the Plan for Adoption was servedStatutes: §10-7506-1.1. (Centralized Paternity Registry)	An agreement regarding communication with, visitation of, or contact between the child, adoptive parents, and a birth relative is not legally enforceable unless the terms of the agreement are contained in a written court order entered in accordance with this section.Require the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the court
OR	no time frame in laws	Consent was obtained by fraud, duress, or coercion, claimed within 2 years..	putative father registryStatutes: 109.094, 109.225	An agreement made under the subsection above may be enforced by a civil action. Requires the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the court
PN	72 hours	30 daysunless there is evidence of fraud or duress	10 days notice of a termination proceeding shall be given to the putative father if he has filed a claim of paternity prior to the institution of proceedings.No registry	issues are not addressed
RI	sign afte birth/filed 15 days	180 daysunless it can be shown that revocation is in the best interests of child.	father must appear at the adoption proceedings and claim rights to the child.No registry	A parent or an adoptive parent may file a petition with the court entering the adoption decree to compel a parent or adoptive parent to comply with the postadoption privileges agreement.
SC	anytime after birth	Revocation is not permitted except where it is in the child’s best interest, and if consent was given involuntarily or under duress or coercion. The final decree renders the consent irrevocable.	Must respond within 30 days of receiving notice of adoption proceedings.No registry	state that mutual agreements for contact are nonbinding and nonenforceable.Such an agreement does not preserve any parental rights with the biological parents and does not give to them any rights enforceable in the courts of this State.
SD	5 days	Consent was obtained by fraud, duress, or coercion, claimed within 2 years..	Within 60 days of the child’s birth, the putative father must acknowledge paternity by Commencing a judicial proceeding claiming a parental rightNo registry	state that mutual agreements for contact are nonbinding and nonenforceable.
TN	72 hours	10 daysunless there is evidence of fraud or duress	putative father registrywithin 30 days after the child’s birth.must file a complaint for parentage within 30 days from the receipt of notice of adoption proceedings.	sole discretion of the adoptive parents.
TX	48 hours	Consent is IRREVOCABLE if baby is relinquished to the State OR to a state-licensed adoption agency whose relinquishment document clearly states it is irrevocable. (Texas Family Code 161.103)PRIVATE adoptions have a ten day revocation period.	putative father registryno later than the 31st day after the child’s birth.Statutes: Tex. Fam. Code Ann. sec. 160.251 et seq.	require the parties to participate in mediation before petitions for enforcement or modification of an agreement are brought before the courtThe terms of an order of termination under this section are not enforceable by contempt.
UT	24 hours	all consents are irrevokable	putative father registrymay initiate proceedings to establish paternity prior to the child’s birth, the mother’s execution of consent, or her relinquishment of the child to an agency.Statutes: Utah Code Ann. 78-30-4.14(2)(b)(ii-iii)	issues are not addressed
VT	36 hours	21 days unless there is evidence of fraud or duressThe parents and adoptive parents mutually agree to the withdrawal of consent within 21 days	must file a claim of paternity within 20 days after notice of termination proceedings, unless a claim of paternity is pending.No registry	only enforceable for stepparent adoptions
VA	parental rights 25 days/ Entrustment documents after birth for agency adoptions/ Parental Placement documents10 days for independent adoptions.	15 days unless there is evidence of fraud or duressThe parents and adoptive parents mutually agree to the withdrawal of consent within 15 days	father must object to adoption proceedings within 21 days of the mailing of the notice of such proceedingsNo registry	issues are not addressed
WA	10 days/48 hours	Consent was obtained by fraud, duress, or coercion, claimed within 1 year..	father must file a claim of paternity or respond to the petition for termination of rights within 20 days of the date of service of the petition if served within the State, or 30 days if served outside of the State.No registry	Agreements regarding communication with or contact between adopted children, adoptive parents, and a birth parent or parents shall not be legally enforceable unless the terms of the agreement are set forth in a written court order entered in accordance with the provisions of this section.
WV	72 hours	Consent was obtained by fraud, duress, or coercion.The parents and adoptive parents mutually agree to the withdrawal of consent	Notice also is given to a putative father who has asserted or exercised parental rights and duties within 6 months of the child’s birth, if he knew the whereabouts of the child.No registry	The court may hear a petition to enforce the agreement, in which case the court shall determine whether enforcement of the agreement would serve the best interests of the child. The court may, in its sole discretion, consider the position of a child of the age and maturity to express such position to the court.
WI	anytime after birth	Consent was obtained by fraud, duress, or coercion.	father may file a declaration of parental interest at any time, until TPRNo regsitry	issues are not addressed
WY	anytime after birth	Consent was obtained by fraud, duress, or coercion.§ 1-22-109(d) Consent is irrevocable unless it was obtained by fraud or duress. If the court should deny the adoption due to the claim of a putative father, the court may allow the mother to withdraw consent.	putative father registrymay file an instrument acknowledging paternity.Must react within 30 days of knowledge of birth or pregnancyStatutes: 1-22-117	issues are not addressed

For more detailed information including each states statutes and consent laws go here. For more detailed information including particulars regarding what must be included pre-finialization to ensure that an agreement is enforcable go here. More Details for Father’s rights, registries,specific provisions of states to claim paternity, etc , go here.