Can I Change My Mind About Adoption in Virginia?
Disclaimer: Please note that Family Life Services does not encourage the use of terms like “give a baby up for adoption” or “put up a baby for adoption". However, we understand that expectant mothers may use these terms to find adoption agencies and information. For the purpose of connecting with pregnant women who may desire adoption counseling, we have used these terms in strategic places of our blog and website. We recognize that words matter. We typically use the language “place a child for adoption” or “make an adoption plan".
As an expectant mother considering adoption, you likely have questions about your ability to change your mind. Having a clear understanding of your legal rights and the relevant timelines in Virginia is essential as you navigate this significant life choice.
Here's what Virginia residents should understand about their rights to alter an adoption plan.
Your Rights Regarding Adoption Consent
Before your baby arrives and prior to signing the Permanent Entrustment Agreement, you maintain full authority to change your decision. This means you can adjust any aspect of the adoption arrangement, select different prospective parents, or choose to raise your child yourself. Making any of these changes carries no legal penalties.
Signing consent paperwork following your child's birth constitutes a binding legal action. Through this process, you formally transfer your parental authority to the prospective adoptive family.
Virginia's adoption laws ensure that your consent meets these standards:
You receive complete information about your legal rights
Your decision is made freely without manipulation or pressure
The consent occurs only after delivery
Proper witnesses are present as required by Virginia statute
Virginia's Timeframe for Reconsidering Adoption
Following your baby's birth, you'll execute the Permanent Entrustment Agreement, which ends your parental rights.[1]
Virginia law provides you with 7 to 10 days following the execution of this agreement to reconsider and withdraw your consent.[2]
Reversing an Adoption After Providing Consent
Generally, adoption becomes permanent once you've signed the necessary documents and the revocation period has passed. That said, consent may be withdrawn if a court determines it was secured through fraud or coercion.[2]
Should you have been deceived, intimidated, or felt forced into providing consent, consult with your adoption lawyer. Although establishing such claims presents challenges, valid cases can succeed.
Experiencing Uncertainty?
If adoption is on your mind but you're uncertain, or you've begun the process but are questioning your choice:
Reach out immediately. Connect with your caseworker or attorney to talk about your concerns.
Allow yourself time. If consent documents remain unsigned, give yourself space to reflect on your preferences until you feel ready to move forward with a parenting or adoption plan.
Consider all possibilities. Evaluate whether available resources or support networks could enable you to parent.
Know your deadlines. Be clear about the exact timeframe you have for your final choice.
Listen to yourself. This choice belongs to you, and you deserve to feel confident about it.
The Permanence of Adoption
We support your right to choose what's best for both you and your baby, but transparency is important. After providing consent, adoption becomes a permanent arrangement. This permanence serves to protect everyone involved, particularly your child, who needs consistency and security.
Virginia's stringent revocation regulations exist to avoid extended uncertainty for adoptive families and children. After consent becomes final, courts maintain very high standards for adoption reversal.
Proceeding with Certainty
Whether you're in the early stages of considering adoption or nearing the consent signing date, knowing your rights is critical.
For questions about modifying your adoption plan or to discuss your particular circumstances, reach out to [center_name]. We're committed to supporting expectant mothers throughout their adoption journeys. We’re here to ensure you have comprehensive information to make the right decision for yourself and your baby.
Frequently Asked Questions
Can I change my mind about adoption before the baby is born?
Yes. Virginia law permits you to reconsider your adoption decision at any time prior to birth. You should receive adoption counseling that is free from any pressure, obligation, or coercion.
Choosing to parent rather than place for adoption carries no legal consequences, regardless of your prior involvement with an adoption agency or adoptive family during your pregnancy.
Can the adoptive parents do anything to stop me from revoking consent during the revocation period?
No. Within the legally designated revocation period, you possess the right to reconsider for any reason whatsoever. This right cannot be blocked by anyone unless Child Protective Services is involved.
Does paying for my living expenses obligate me to consent to the adoption?
No. Legally permitted financial support never creates an obligation to proceed with adoption. You should never be offered any financial compensation in exchange for placing a child for adoption.
Sources
§ 63.2-903. Entrustment agreements; adoption. Virginia State Legislative Information System. (n.d.). https://law.lis.virginia.gov/vacode/title63.2/chapter9/section63.2-903/
Child Welfare Information Gateway. (2021, October). Consent to Adoption - Virginia. https://www.childwelfare.gov/resources/consent-adoption-virginia/
