Can Expectant Parents Sign Consents to Adoption Prior to Delivering the Baby?

For families considering adoption as an option to start or grow their family the question of when can consents can legally be signed can feel confusing and at times convoluted. The simple answer is no, expectant parents cannot sign legally binding consents before the birth of the child. Although the timeframe around when the birth parent(s) can sign varies depending on location. The mandatory wait times vary from 12-72 hours with some states providing an extended time frame after the signing of consents in which expectant parents can change their minds. In Arizona for cases not subject to the Indian Child Welfare Act (ICWA) birth parents can execute consents after the baby reaches 72 hours old. Once the consents are signed they are final unless the birth parent can demonstrate that they were experiencing fraud, duress, or undue influence - this is a challenging notion to prove & so birth parents should be sure of their decision prior to signing consents.

Once matched with an expectant parent it is a good idea to retain counsel so that you understand the risk associated with your particular match. Your counsel can help guide you through the legal pieces of your adoption.

If you have questions about starting the adoption process connect with us today by clicking connect.