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- 1). Arrange the adoption with the birth parents before beginning the process. There are many factors to consider in consenting to adoption prior to giving birth. For instance, some states require the birth mother to state what her proposed plans are immediately after birth with respect to holding the child. Both biological parents must surrender parental rights in order for the adoption process to begin, so be sure both parents are in support of the adoption plan.
- 2). Petition the court for adoption, either during the pregnancy or immediately after birth. Depending on state code, some jurisdictions will accept petitions for adoption at any point during the pregnancy. Others require parties to wait a matter of days after the birth to petition for adoption. An adoption petition is a legal document whereby the petitioner details why she should be able to adopt the child. The court holds the best interests of the child paramount to any other consideration, thus a petition for adoption should adequately state why the adoption would be in the child's best interest.
- 3). Arrange for the biological parents to consent to adoption and relinquish their parental rights. It is very important that both biological parents relinquish their rights, or the court cannot move forward with the adoption process. In some states, the father may relinquish rights before the mother and is permitted to do so before the child is born, while the mother must wait until after birth. Only Alabama and Hawaii permit relinquishment by both parents before birth.
- 4). Attend an adoption hearing with the biological parents and adoptive parents. Once the consent to adopt has been filed by both biological parents -- and the adoptive parents have submitted their petition to adopt -- the court will soon be ready to commence the adoption hearing. Only Hawaii and Alabama permit adoptions to take place prior to birth, but most states permit adoption very soon after birth. All parties will attend the hearing and will submit evidence as to why the adoption is in the best interest of the child. If the judge is satisfied that the child's interests are best served by the adoption, a formal adoption decree will be ordered at the conclusion of the hearing.
- 5). Understand the parents' right to change their mind. Some states do not allow revocation for any reason, others require a showing of fraud or duress. Still other states give natural parents up to 90 days to revoke their decision to consent to adoption. Most states give parents 10 days from the date of consent to revoke.
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