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The Rights of a Birthmother during Adoption Proceedings

When a woman decides to put her child up for adoption, she eventually surrenders her right to make decisions for the child’s well-being. Once the forms associated with adoption are completed, a birthmother will give up her rights to parent the child to the adoptive parents. However, a birthmother may still retain some basic legal rights.

What Are a Birthmother’s Rights?

Although there may be some contention about what a birthmother’s rights are once she agreed to give up the child for adoption, these rights aren’t officially transferred until all documents and waivers are signed. Even after this point, a birthmother may retain certain rights that can be further negotiated through what is known as a trust agreement. A birthmother’s rights include the following:

  • The right to see and hold the child after birth
  • The right to choose the adoptive family
  • The right to reject relinquishments and waivers of the child up until they are signed
  • The right to join a registry to help the child communicate with her later in life
  • The right to communicate with the adoptive parents, unless signed away in a trust agreement

In some cases, these rights may create conflict between the adoptive family and the birthmother. Legal action in these situations can be difficult, and often demands an in-depth knowledge of adoption laws in Texas.

Contact Us

If you’re facing legal problems with the adoption process, our legal team at Alexander & Associates can provide you with advice and representation to protect your interests and rights. To learn more about how we can work with you during this difficult time, call 817-756-4040.