{"id":351582,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/adoption\/obstacles-to-the-adoption-process.html"},"modified":"2024-09-18T09:35:00","modified_gmt":"2024-09-18T14:35:00","slug":"obstacles-to-the-adoption-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/adoption\/obstacles-to-the-adoption-process.html","title":{"rendered":"Challenges to the Adoption Process"},"content":{"rendered":"\n
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Challenges to the Adoption Process<\/h1>\n
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\n By Natalie Moritz<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Most adoptive families will face some type of challenge during the adoption process. These obstacles can include high costs, childhood trauma, legal hurdles, and more. But with preparation and support, many adoptive families and birth parents can overcome these challenges.<\/p>\n\n <\/div>\n\n

Adoption is a permanent decision. Each adoption goes through an extensive legal process to avoid later difficulties. This is why the adoption process<\/a> can seem complicated for all parties involved.<\/p>\r\n

This article shares some common challenges families face during the adoption process. This includes birth parent mental health, childhood trauma, adoption costs, putative father legal issues, and more.<\/p>\r\n

Challenges for the Birth Parents<\/h2>\r\n

It’s important to remember that adoption comes from loss. For example, some birth parents choose to give up their newborn baby in open or private adoptions<\/a>. They may also relinquish their parental rights through the legal process. This decision can cause the birth parents to experience a range of overwhelming emotions and mental health issues, including numbness, shock, and grief.<\/p>\r\n

Some birth parents don\u2019t choose to relinquish their parental rights. In some circumstances, a court can terminate a birth parent\u2019s parental rights without their consent<\/a>. This is sometimes called \u201cinvoluntary relinquishment\u201d and can occur due to child abuse, neglect, substance abuse, incarceration, or other issues. Involuntary relinquishment can add layers of emotional distress for both the birth parents and children.<\/p>\r\n

Mental Health Support<\/h3>\r\n

The adoption process can pose severe mental and emotional tolls on the birth parents’ well-being. In addition to physically giving up their child, they must cope with relinquishment of their parental rights<\/a>.<\/p>\r\n

There are support groups and other post-adoption support services to help struggling birth parents. Support groups cater to the unique challenges posed by the adoption process, like feelings of loss. Support groups are part of some adoption services. Birth parents will also need support from friends and family members while they grieve.<\/p>\r\n

Birth Mother’s Challenges<\/h2>\r\n

Many prospective adoptive parents fear the birth parents will change their minds<\/a> and petition to reverse the adoption. In many states, birth mothers have the legal right to withdraw their consent to the adoption. In some states, this can happen at any time before the finalization of the adoption.<\/p>\r\n

By law, birth mothers can’t consent to an adoption until after the baby is born. However, states like Alabama<\/a> and North Carolina<\/a> allow pre-birth consent in certain circumstances. But there are often strict rules regarding consent.<\/p>\r\n

For example, a birth parent proven to have deserted the child may have no legal right<\/a> to give or revoke consent, depending on the state. The birth parent may contest the adoption and termination at a hearing.<\/p>\r\n

Adopted Children and Trauma<\/h2>\r\n

Some adopted children face significant trauma before their adoption. They may have experienced abuse or neglect or witnessed substance abuse or domestic violence. This trauma can lead to emotional and behavioral issues<\/a>, including:<\/p>\r\n