Imagine new adoptive parents’ broken hearts when they learn that the newborn they have raised for four weeks since his release from the hospital will be removed from their home. After 29 days of feeding the baby, losing sleep over the baby, bonding with the baby, and seeing this baby as part of their family for the rest of their lives, a birth parent can revoke his or her consent for any reason whatsoever on the 30th day and take the baby back, never to see the adoptive parents again. Unfortunately for prospective adoptive parents looking to adopt a baby in Pennsylvania and a handful of other states, this is a real legal and emotional risk they face in the adoption process.

Adoption is a two-part process: the first part involves the termination of the birth parents’ parental rights as to the child and the second part involves the actual adoption by the adoptive parents. The termination of parental rights can be done voluntarily or involuntarily by the court. In a voluntary termination, the parent or parents sign a consent which permanently gives up all rights to the child and agrees to the adoption. Each state has different statutes regarding who must sign the consent, when the consent can be signed, and if and when the consent may be withdrawn or revoked.

The Who