For Pregnant Mothers
Post-Birth Adoption Rights
Your rights don’t end when your baby is born. We offer ongoing support and post-adoption services to help you navigate life after adoption with confidence.
Post-Adoption Contact With Your Baby
Even when your pregnancy is over, we’re still here to support you. As you’ve gone through this incredible process, you may see your life and your priorities very differently, and may have questions about your rights moving forward.
We’ll provide some information about your post-adoption rights as a birth mother, and how you can shape your future.
Birth Mother Rights in Open vs Closed Adoptions
The type of adoption you chose during your pregnancy determines how much or little contact you have with your baby and their new family. For example, in the case of open adoption, you should feel a sense of familiarity and comfort with the family you chose, and should have an easy time conversing and staying up to date with your baby’s future.
In cases of closed adoption, there is no way to communicate and very little information shared between you and the baby’s family. In this circumstance, there is no legal way to gain any access to the baby or their adoptive parents.
Post Adoption Contact Agreement
A Post Adoption Contact Agreement (PACA) is a legal and binding contract that birth mothers and adoptive families sign off on. It lays out the details of the contact between the birth parents and adoptive parents, like how often and how to get in touch. The PACA is signed by the birth mother (and father) and adoptive parents when the baby is placed for adoption. PACAs can include:
- How often the birth mother gets photos
- How often the birth mother gets life updates for the baby
- How often the families will meet in person
- How birth mothers and adoptive families should contact each other
When is a Post Adoption Contact Agreement Needed?
No matter what kind of adoption you’re considering, you should know about post adoption contact agreements (PACAs). These agreements can make everyone’s boundaries clear and set expectations for life after adoption. Whether you’re choosing an open or closed adoption, post adoption contact agreements are needed to make sure everyone is on the same page. PACAs are legally binding agreements between you and the adoptive family. If you have an open adoption, you can write down exactly how much contact and information you want with the adoptive family. If you or the family doesn’t follow the PACA, you can take it to a court and have the court force everyone to follow the agreement. Pennsylvania and Maryland allow for PACAs, but New Jersey doesn’t. In Maryland there can even be a PACA for extended family members of the baby so relatives like grandparents can also have contact with the baby after adoption.
Adoption Records
Adoption records are sealed once the petition for adoption is finalized as a normal part of the process. If you need to access any adoption records after the petition is finalized in MD, PA, NJ, it can only be done through a court order.
Adoption Expenses For Birth Mothers
Some laws allow for adoptive parents to pay for reasonable expenses for the birth mother throughout her pregnancy and up to 4 weeks after birth. These expenses include food, shelter, clothing in certain cases, medical care, and transportation.
In Pennsylvania
Pennsylvania allows for agencies to help birth mothers cover expenses before and after the baby is placed for adoption. At A Baby Step Adoption, we’re happy to offer whatever support we can to help you transition to your new life.
In New Jersey
In New Jersey, adoptive parents are legally allowed to pay a birth mother’s reasonable living expenses, including food, shelter, and clothing. However, this only extends through the period of pregnancy and up to 4 weeks after the birth of the child.
In Maryland
Maryland law allows for adoptive parents to pay for reasonable expenses for the birth mother throughout her pregnancy. These expenses include food, shelter, clothing in certain cases, medical care, and transportation. If both parties agree, those expenses can also be covered for up to four weeks after the birth of the baby and consent to adoption. After that period, there is no legal requirement for the adoptive parents to continue covering expenses.
Revoking Consent For Adoption
After the birth mother signs the consent for adoption, it is technically possible to revoke consent, but the process is very difficult for both the birth mother and the adoptive parents.
In Pennsylvania
In Pennsylvania, adoptions aren’t legally binding until they are finalized in court. That means that you have until that finalization to change your mind without any issues. Birth mothers have to wait at least 72 hours after giving birth to start the finalization process, so you will have some time to change your mind.
In New Jersey
Unlike many other states, there is no grace period in New Jersey during which the birth mother can change her mind about the adoption. Revoking consent is only admissible in a few cases:
- If there was fraud involved in the adoption process
- If revoking consent is proven to be in the child’s best interest
- If both the birth mother and adoptive parents agree to it
In Maryland
While revoking written consent to the adoption is technically possible in Maryland, and you are given 30 days after the birth to change your mind, the process is very taxing emotionally and financially on both the birth mother and the prospective parents. Typically, these matters end up resolving themselves in court. It’s important to understand the impact of this decision. If you are unsure, we are here to guide you through every step of the process and help you make the best decision for you and your family.
You have options!
Contact us to discuss all your options and answer all questions. You can change your mind at any time during the adoption process