If a birth parent does revoke the consent after the waiting time is up but before the adoption is finalized, what does that mean for the adoption? Does everyone go into a custody battle over the child, or does the birth parent get the baby back? The Tennessee Law is just not easy for me to understand Thanks for your help.What does it mean when a birth parent revokes their consent to adoption?
It means that the first parents have decided to parent their child, and the prospective adoptive parents must immediately return the child to the first parents.What does it mean when a birth parent revokes their consent to adoption?
The biological parents can no longer legally revoke consent once the revocation period is past-- that's the whole point of the revocation period. (Though they can still contest the adoption if it was illegal or fraudulent; they just can't change their minds after that point without some legal basis for why their consent wasn't obtained properly.)
Once the biological parents have terminated their own rights, they can't just decide to take the baby back even if the adoption isn't finalized, because they themselves have already relinquished the legal ability to say what should happen to the child. At that point the decisions are in the hands of the prospective adoptive parents, judge, and sometimes agency. Once the biological parents have given up their own parental rights, they no longer have the ability to exercise those rights, regardless of the status of the adoption process for the other parties.
The only time during which the biological parents changing their mind has any legal sway is before the revocation period is up. After that, it has no legal bearing on the situation.
It by no means means that the adoptive parents have to give the baby back immediately, if the birth parents time is up. Every state is different and it will be up to the court on what happens once the consent is revoked. In TN the birth parents have the following rights.
-For any reason if revocation occurs within 10 days and a judge is present
-After 10 days, if court finds reasons why the adoption should not go forward and court has not issued order confirming parental consent
-Upon finding of clear and convincing evidence of fraud, misrepresentation, or duress
it means the adoption is not going to happen and the first parents want to raise their child.
The adoption cannot be finalized before the revocation period is up. Until she signs away her rights, shecan change her mind and the adoption will not happen.
I think it is up to the judge(s).
The biological mother's lawyer will likely file to have the original agreement put aside. Each party would then present their case and the judge would decide if the adoption should be stopped or proceed.
first the parental rights are terminated and there is a waiting period before adoption can occur. Once the waiting period is up, then its too late. Rights were already terminated.
Yes the parent does get their child back if the adoption isn't finalized.
If the appeal time is over the adoption proceeds.The birth parent does NOT get the child back.
If her time to change her mind is up then more than likley to late and the Adoptive parents keep the child.