Post-Adoption Rights in NJ
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.
Post-Adoption Contact With Your Baby
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.
In the state of New Jersey, Post Adoption Contact Agreements are not legally enforceable. This means that at any time, the adoptive parents can prohibit you from visiting your baby, even in the cases of open adoption. For this reason, we encourage you to choose a family you trust, that you feel understands you, and that you can have a smooth relationship with in the future.
Adoptive parents can also provide pictures, letters, and updates about the child to their adoption agency, which can be forwarded to the birth mother.
Adoption Records
Adoption records are sealed once the petition for adoption is finalized as a normal part of the process. In New Jersey, if you wish to access any adoption records after the petition is filed, you can only do so via a court order.
Adoption Expenses For Birth Mothers
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.
For more information about your rights both during and after the pregnancy, read about birth mother rights in New Jersey.
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. 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
Otherwise, there is no legal recourse for revoking the consent for adoption.
Though the adoption process may be over, your care and wellbeing remains vital to us at A Baby Step Adoption. You have recently been through a huge change in your life, and that may be scary, but we’re here to help you every step of the way. We will respect both your wishes and the wishes of the adoptive parents, providing experts to address any concerns you may have throughout the process and beyond.
If you have any questions, read more about birth mother support in New Jersey, or call us at 610-906-8877 or send a text to 610-376-9742. We’re happy to help however we can.