Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

If we adopt through the foster care system, can the birth parents take the child back?

We would like to adopt a baby as we are experiencing infertility problems. There is no way we could afford the average thousands of dollars for a private adoption. We are considering foster care adoption, but my question is, can we adopt straight away through the system or is there always a waiting period where the birth parents could come back and take the child away from us?

Answer Question

Asked by Anonymous at 11:41 AM on May. 10, 2009 in Adoption

Answers (15)
  • Just make sure its a closed adoption, and i believe that way they can't take the child back.

    Answer by Iluvmygirlies42 at 11:42 AM on May. 10, 2009

  • The birthparents can at anytime, come and take the children back. However, they would have to go to court and the whole nine. Usually if they are available for adoption thru the foster care system, the parent's right have been terminated, so the birthparents have to prove that they are fit and get their rights back.

    Answer by TheDiva320 at 11:43 AM on May. 10, 2009

  • So even if they have had their rights terminated they could still regain custody? How can that be considered adoption, wouldn't that hten just be temporary foster care?

    Answer by Anonymous at 11:45 AM on May. 10, 2009

  • It depends on the situation. Generally, if they are in foster care, and up for adoption the rights have been terminated. However, I have spoken to people who have had the birthparents come back. Visit: that's a website that has a ton of Adoptive Parents who have all kinds of experience with this that can help you out.

    Answer by TheDiva320 at 11:47 AM on May. 10, 2009

  • There is also this, if the child isn't "ready for adoption" meaning the birthparents' rights haven't been terminated, you will have to wait. At that point, you would probably be able to do a foster/adopt option.

    Answer by TheDiva320 at 12:02 PM on May. 10, 2009

  • Been there, and I can tell you what the social workers told me.. most newborns/ infants eventually go back to their families and foster care prefers that the child stay with their bio family. They won't become "ready for adoption" until they are much older and they see no interactions or no one has stepped up from the bio family. My sister-n-law also went through this, she had the baby from birth to 5yrs old and the baby was placed back with her mother. So either way you must be prepared.

    Answer by Anonymous at 12:54 PM on May. 10, 2009

  • TheDiva320, I don't think that you are answering the question. You are answering her about foster care.

    OP-Yes you can adopt thru foster care without fostering by waiting for a child whose parental rights have been terminated and all appeals disposed of. No, the parents can't come back after they are adopted. However, this wouldn't be an infant, because the parents have generally 12-18 months to do their plans, Then appeals can add another several months or years. If you are wanting to take the chance on a younger child or infant then YES, most of the time, they are placed with the birth parents or family members. However, IF they are in your home when the parents' are terminated and there are no family members that are approved, then you would be able to adopt that child. It is not for the faint of heart, but if you feel led in this direction, get information from your CPS office about when classes start.

    Answer by doodlebopfan at 2:36 PM on May. 10, 2009

  • Anon 11:54- I am sorry about your friend, I can't imagine having gone thru that. But having a placement 5 years is the exception and not the rule. But absolutely, if you are FOSTERING, you have to be prepared for reunion with family. That's the state's original plan, if at all possible. It just isn't always possible, and why many children are adopted thru foster care.

    OP-You will also be educated about the special needs that many foster children have, attachment issues, loss of family and history, etc. You can also attend the classes, and then choose not to continue. The info that we learned helped us with ALL children in our lives. We did ultimately stay in although it has been up & down at times. It does take special people to adopt thru foster care. Good luck if you decide to pursue it!

    Answer by doodlebopfan at 2:45 PM on May. 10, 2009

  • As a foster and adoptive parent, I can assure you that after talking with not only our lawyer, but the judge at our daughter's adoption, that the birth parents have NO RIGHTS after their parental rights have been terminated and the adoption is complete. As long as the caseworkers have done their job in getting proper documention, which there shouldn't be an adoption hearing if the T's are crossed and the I's dotted.

    Our daughter was 2 days old when placed with us and we were able to adopt her at 15 months old. Her mother's rights were terminated when she was 12 months, so it was just the 3 month waiting period to get the adoption paperwork and a court date.

    We have had FOUR newborns and ONE eight week old baby placed in our care and I can tell you out of those numbers, only ONE went back with the bio parents. Reunification is always their goal, but there are babies out there through foster care.

    Answer by mommytoadam at 4:10 PM on May. 10, 2009

  • Adoption of a legally free child means that the birth parents' rights have been terminated. In this case, NO; the birth parents have no rights and cannot "take the child back". Adoption is permanent and cannot be reversed as someone stated before unless laws were not followed or some strange thing like that.
    There are situations boards where you may find women that face losing their babies at birth because of incarceration or loss of previous children due to lack of parenting on their part. These women are afforded the opportunity to make adoption plans for their unborn babies in lieu of CPS placing the child in care and it having to be fostered and the birth mom at that point would have no say.

    Answer by Anonymous at 4:53 PM on May. 10, 2009

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.