For Birth Mothers
Adoption Laws and Your Rights
Learn how adoption laws work in PA, NJ, and MD, plus your rights as a birth parent, from consent timelines to financial support and post-birth options.
It’s good to have at least a general idea of adoption laws in your state if you’re considering putting your baby up for adoption. We’ll cover everything you need to know about Pennsylvania, New Jersey, and Maryland adoption laws so you feel prepared to make the best decision for you and the baby. Just remember that all of these laws are in place to protect you as a birth mother and your child throughout the adoption process.
Important Adoption Laws and Your Rights
General Adoption Laws
No matter what state you’re in, adoption laws are designed to protect adopted children and birth mothers. While the specifics of each state are different, generally adoptions require consent from both the birth mother and the birth father. Since parental rights need to be terminated before a baby can be adopted, it’s important to make sure both parents agree to the adoption. There is also usually a waiting period between when the baby is born and when it can be put up for adoption, that way the birth mother has time to think about whether adoption is the right choice.
In Pennsylvania
Pennsylvania adoption laws require both parents to waive parental rights before a baby can be adopted. Birth fathers can do this before the baby is born. Birth mothers must wait until at least 72 hours after the baby is born to waive their parental rights. Once you waive your parental rights, a judge will review the case and give the adoptive parents legal custody of the baby. After that, the adoption is complete and there’s nothing else you need to do as a birth parent.
For adopting families in Pennsylvania, they must complete a basic clearance and home study before they can adopt. This helps make sure that any adopted child goes to a loving home who is capable of caring for them.
In New Jersey
Adoption laws in New Jersey require both parents to waive their parental rights. Both parents have to wait at least 72 hours after the baby is born before they can waive their rights. If you don’t know who the birth father is, an adoption agency can help you get in touch with multiple potential fathers and terminate their parental rights before moving forward with an adoption.
In Maryland
Maryland has three types of adoptions for birth parents to choose from. Public agency adoptions allow you to waive all parental rights, then the child is placed under the care of the state. The Maryland Department of Social Services files this case on your behalf. Private agency adoptions allow you to choose an agency like A Baby Step Adoption to help guide you through the adoption process, provide support, and handle adoption paperwork. Independent adoptions allow birth parents to find an adoptive family and complete the adoption on their own, as long as a court approves it. While Maryland generally requires both parents to consent to giving a baby up for adoption, there is more leeway if you can’t find the birth father and the state can automatically terminate his parental rights. The state also has laws in place to ensure your baby goes to a loving home and requires all adoptive families to complete a home study.
Financial Support
Most states allow for birth mothers to have their adoption costs covered. Some states even allow for living expenses to get covered by an adoption agency or an adoptive family. The specifics vary by state, so make sure you know what money you can and can’t accept as a birth mother.
In Pennsylvania
Birth mothers can have their medical costs, pregnancy expenses, and adoption costs covered by an agency. It will never cost you to put a baby up for adoption, and you can get financial support to ensure you have a healthy pregnancy.
In New Jersey
Adoptive families can directly pay for birth mother expenses in New Jersey. These can include medical expenses during pregnancy and up to four weeks after birth, plus adoption services.
In Maryland
Adoptive parents can pay for birth mother expenses in Maryland, including medical expenses, transportation costs, and living expenses. But, after the adoption is complete an adoptive family can’t keep financially supporting a birth mother.
Adoption Laws for Birth Parents
Adoption laws for birth parents can be hard to understand, but we have lots of information to help you make sense of the process. Learn more about your rights as a birth parent.
Birth Mother Rights
Birth mothers have certain rights in the adoption process. It’s important to know your rights so you can be protected and comfortable throughout the adoption process.
Birth Father Rights
While a birth father may not be involved in your life or the baby’s life, he does still have parental rights. Many states require a birth father to consent to adoption, though there are some exceptions.
Post-Birth Rights
After you give birth and give your baby up for adoption, you still have rights as a birth mother depending on the type of adoption you choose.
Open vs Closed Adoptions
Open Adoptions
Open adoptions allow you to have contact with the birth family and your child. The amount of contact is up to you and the adoptive family.
Closed Adoptions
Closed adoptions do not allow for contact between you and the adoptive family after the adoption is complete. This helps you stay anonymous and start fresh after the adoption.
You have options!
Contact us to discuss all your options, including adoption. You can change your mind at any time during the adoption process