Adoption and how long someone has to change their mind..

[MySonsMom]

Quick question here..Once a step-parent adoption is processed..is there a time frame that the bio parent can change their mind? If so, what is it? I live in Iowa. Thanks all!

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]Quick question here..Once a step-parent adoption is processed..is there a time frame that the bio parent can change their mind? If so, what is it? I live in Iowa. Thanks all! [/b]<HR></BLOCKQUOTE>

My response:

When is an adoption final?

An agency adoption is final approximately six months after the birthparents terminate their rights. Finalization occurs in court when a judge issues the final adoption decree. As the point, the adoptive parents become the legal parents of the child.

Does the birthmother have six months to change her mind and take back the baby?

No. In a agency adoption, after a birthmother signs a relinquishment terminating her parental rights, she has 24 hours in which to reverse her decision. However, once the papers are sent to the Department of Social Services, the birthmother may not revoke her decision unless she can prove that she was either lied to or forced into signing a relinquishment.

When can a birthmother sign the relinquishment?

In an agency adoption, a birthmother can sign a relinquishment anytime after she is discharged from the hospital and feels physically and emotionally ready. Counseling during pregnancy can help a birthmother make a clear decision about placing her baby, and the majority of birthmothers terminate their rights within the first week after their babies are born.

The birthfather's rights must also be terminated, and the process for this depends on his relationship to the birthmother. Factors include whether or not he is married to the birthmother and whether he admits paternity and is willing to cooperate.


Iowa Code Sections 600.1 to 600.24 (1997)

Who Can Adopt?

Any unmarried adult, or a husband and wife jointly, can adopt. A spouse can adopt separately if he or she is the stepparent of the adoptee, if he or she is separated from his or her spouse, or if the other spouse is unavailable, incapacitated, or has unreasonably withheld consent to the adoption.

Who Can Be Adopted?

Any person can be adopted.

Consent to Adoption

The following parties must give written consent to the adoption:
any guardian of the adoptee;
the spouse of a petitioner who is a stepparent;
the spouse of the adoptive parent who is separately adopting an adult adoptee; and
the adoptee, if 14 years of age or older.
Before the final adoption decree is issued a person may file with the court to have his consent withdrawn. If a person whose consent is required refuses to give consent or cannot be located, the court will make a determination if it is in the best interest of the child to be adopted without such consent.

Confidentiality

The adoption record must be sealed and cannot be opened for inspection and the identity of the natural parents cannot be revealed. The adoption record may be opened upon a court order upon a showing of good cause at the request of an adult adoptee.
Additionally, identifying information may be shared if the natural parent has placed in the adoption record written consent to reveal his or her identity to the adopted child at a specified age upon request of the child or if the adult adopted child has likewise consented to the revelation of his or her identity. Such consents are revocable at any time.
Nonidentifying information regarding the adoptee's medical and developmental history and the natural family's medical history can be made available to the adoptive parents, the adoptee if an adult, or any person approved by the Department using the information for research.

Permissible Fees

An adoptive parent must file with the court a full statement of all money or anything of value paid in connection with the adoption. These costs may only include those related to the birth, legal assistance, pregnancy-related medical care, limited living expenses, and relevant counseling services.
A biological parent cannot receive anything of value in exchange for placing the child for adoption (outside of the costs already listed). Any person assisting with the adoption cannot charge a fee that is more than usual compensation for necessary services.

Place of Adoption Hearing

The adoption hearing shall take place in the court of the county where the adult adoptee, the adoptive parents, or the guardian of the adoptee lives.

Authority To Place Child

There are no provisions in the law regarding who has authority to place a child for adoption.

Relative Adoption

Any preplacement investigation and report can be waived by the court if the adoptive parent is a relative or a stepparent.

For more information, contact the National Adoption Information Clearinghouse at naic@calib.com.

IAAL



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[MySonsMom]

I'm sorry IAAL, but sometimes I get confused with all of the legal talk. So please forgive me...Let me brief you..Bio mom has agreed to terminate her parental rights and allow me to adopt...after she signs the papers does she have a time frame that she can change her mind? From reading your responce I got "no", but I just want to make sure. Thanks!!

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]I'm sorry IAAL, but sometimes I get confused with all of the legal talk. So please forgive me...Let me brief you..Bio mom has agreed to terminate her parental rights and allow me to adopt...after she signs the papers does she have a time frame that she can change her mind? From reading your responce I got "no", but I just want to make sure. Thanks!! [/b]<HR></BLOCKQUOTE>

My response:

Sorry about that. Sometime I forget who my audience is. Since yours is a "private" adoption, as soon as the judge signs the termination papers, it's over - - there aren't any "go backs" "crossed fingers" or "kings X." You should be represented by counsel. What has counsel advised you?

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 12, 2000).]

[MySonsMom]

I would assume then it's private. My husband and I are having our attorney write up the papers and we will be doing it that way. Bio mom will not have an attorney, as she is just going to sign away her rights. But after she is served with the papers, and she signs them...does she have a time period where she can "change" her mind? We meet with our attorney in 2 days,,but I am getting ansy for answers. The plan is she will sign away her rights, then it's open for me to adopt. She does not want to contest it, nor does she want to have to appear in court. But my concern is if she changes her mind after its done..can she do that?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]I would assume then it's private. My husband and I are having our attorney write up the papers and we will be doing it that way. Bio mom will not have an attorney, as she is just going to sign away her rights. But after she is served with the papers, and she signs them...does she have a time period where she can "change" her mind? We meet with our attorney in 2 days,,but I am getting ansy for answers. The plan is she will sign away her rights, then it's open for me to adopt. She does not want to contest it, nor does she want to have to appear in court. But my concern is if she changes her mind after its done..can she do that?[/b]<HR></BLOCKQUOTE>


My response:

Again, in a private adoption, once the judge signs the Order, it's over. The kid is yours. You see, the waiting period should have already expired from the first date of filing, to the date of the hearing. It's like in a divorce, once the intitial papers are filed, in most States, there's a waiting period (example, California has 6 months), then the divorce can be granted. Or, in your case, the adoption can be granted.

I hope that with this post, everything is understood. Just call your attorney for confirmation - - simple.

Good luck to you, Mommy.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

[MySonsMom]

Thanks IAAL...As always your knowledge and time are greatly appreciated!