Adoption Q&A: Birth Mother’s Rights in California

Adoption is a complex process with many intricacies. Adoptive parents work with experienced adoption attorneys and professionals to ease the process and know their rights. However, the adopted child’s birth mother also has a right to know specific information and change their minds. Creative Family Solutions, Cianci Law, PC can explain some of the rights of birth mothers in California.

Q: What will the adoptive family know about me?

The adoptive parents will want as much information as possible about you. This includes a detailed explanation of your health history. While health history is vital for providing the best health care for your baby, other essential pieces of information can benefit everyone involved. The more the adoptive parents know about you, the better care they can provide for your child. For example, you may naturally excel at music or art, influencing your child’s abilities and interests.

Q: How much will I know about the adoptive family?

If you are going through an independent adoption, there are certain things you are required to know about the adoptive family. You will know their full legal names, age, and race or ethnicity. You also will know about the details of the couples’ marriage, such as length of time together and previous marriages. As the biological mother, you also will learn about the adoptive parents’ health and any conditions. With this knowledge, you can feel confident that healthy, supportive parents adopt your child. Furthermore, you can also ask questions and learn more specifics about the adoptive family.

Q: Do I have to go to court?

During the adoption process, you do not necessarily have to go to court. However, there are instances in which it is necessary. For example, the child’s biological father may decide to file a lawsuit to stop your adoption plans. If this occurs, you will have to attend court to settle issues. If you don’t encounter any such issues, you can avoid being present in court during the adoption process.

Q: After signing the papers, can I change my mind?

In California, there are a couple of stipulations in regards to changing your mind on adoption. You can change your mind as long as 30 days have not passed, or you have not signed a document that waives your rights to change your mind. If you have signed the papers and 30 days have not passed, or you have not signed a waiver, you can change your mind on the adoption. The adoptive parents are legally required to return the child to you.

Q: Can I visit my child after the adoption?

If you and the adoptive parents can agree, you can sign a Post Adoption Contact Agreement. This agreement will ensure that you can contact your child throughout their life. Another arrangement is a cooperative adoption, in which you work with the adoptive parents to arrange contact with your child.

Q: Will I need an attorney as a birth mother?

You are not required to have an attorney as a birth mother going through the adoption process. However, California must offer the birth mother separate legal counsel to protect her best interests. The adoptive parents typically cover these legal fees, who provide at least $500.00 for expenses. Sometimes the parents will offer more financial support in favor of the birth mother and her representation. A situation in which you might need an adoption attorney is if you decide that you want to go back on the adoption process.

Rely on Creative Family Solutions, Cianci Law, PC

We understand the stress related to the adoption process. We want you to feel confident and happy in your decisions, as well as getting the compensation you deserve. Consider Creative Family Solutions, Cianci Law, PC for your representation needs.

Contact our team today at (916) 797-1575 to schedule an appointment for a consultation!