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Can parents withdraw consent for adoption after court approval?

Can parents withdraw consent for adoption after court approval?

Full question:

The parents had happily agreed to give their child in adoption to me. Now when I got an order from the court and the adoption got confirmed, the parents want to take their child back. Can they withdraw their consent now? We live in Arkansas.

Category: Adoption
Date: 04/07/2025
State: Arkansas

Answer:

No, the parents cannot withdraw their consent after the court has issued an adoption decree. The child is now legally your adopted child. According to Arkansas law (A.C.A. § 9-9-209), consent to adoption cannot be revoked once the adoption is finalized.

Consent can only be withdrawn within ten calendar days after it is signed, or five days if the ten-day period is waived. This must be done by filing an affidavit with the probate division clerk of the circuit court in the relevant county. If the ten-day or five-day period ends on a weekend or holiday, the affidavit can be filed the next working day without a fee.

Additionally, the consent form must inform the person of their right to withdraw consent and provide the address for the probate division clerk. The law allows for some exceptions, such as for agencies or minors over ten years old.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is adoption guilt?

Adoption guilt refers to the feelings of guilt or regret that adoptive parents may experience about their decision to adopt. This can stem from concerns about the child's biological parents, the child's feelings about their adoption, or the challenges of blending families. It's important for adoptive parents to seek support and communicate openly about these feelings, as they can impact the family's dynamics and the child's well-being.

What is the parental consent for adoption?

Parental consent for adoption is the formal agreement by a child's biological parents to allow their child to be adopted by another person or couple. This consent must be given voluntarily and is typically documented through a signed consent form. In Arkansas, consent can only be revoked within ten calendar days after signing, as outlined in A.C.A. § 9-9-209. After this period, once the adoption is finalized, the consent cannot be withdrawn.

What are the rules for adoption in NC?

In North Carolina, adoption laws require that biological parents provide consent for adoption, which can be revoked within a certain timeframe. The process includes background checks, home studies, and court approval. The adoptive parents must also meet specific eligibility requirements. Once the adoption is finalized, biological parents cannot reclaim their parental rights. For detailed rules, refer to North Carolina General Statutes (N.C. Gen. Stat. § 48-1-101 et seq.).

Can parents take back the child they adopt?

Once an adoption is finalized, biological parents cannot take back the child they adopted. The legal relationship between the adoptive parents and the child is established, and the biological parents lose their parental rights. This is true in Arkansas and most states, as the law recognizes the finality of the adoption process. If there are concerns about the child's welfare, other legal avenues must be pursued.

What are the aftermath of adoption?

The aftermath of adoption can include a range of emotional and psychological effects for both the adoptive parents and the child. Adoptive families may face challenges such as attachment issues, identity questions, and the need for open communication about the child's background. It's essential for families to seek support and resources to navigate these challenges, ensuring a healthy adjustment for everyone involved.

What is parental consent for adoption?

Parental consent for adoption is the legal agreement that biological parents give to allow their child to be adopted. This consent must be informed and voluntary, often documented through a signed form. In Arkansas, this consent can be revoked within ten days after signing, as stated in A.C.A. § 9-9-209. After this period, once the adoption is finalized, the biological parents cannot withdraw their consent.