In Florida, a birth mother's consent to an adoption is legal, binding and irrevocable upon her signature, if the child is six (6) months old or younger. The only way to combat a birth mother's consent to an adoption is by showing that the consent was obtained through fraud or duress. If the child is six (6) months old or older, the birth mother has three (3) days to revoke her consent. In a recent story that has grabbed national attention, a birth mother fled to Canada with her 17 month old twins in violation of a visitation arrangement that she had with the adoptive parents. As a result of her actions, she may face jail time and may never be allowed to visit with the children again. Friends of the birth mother in this case state that she gave her consent to the adoption because she was sick and weak and was unable to think clearly when she gave her consent to the adoption. Given the fact that pregnancy and birth can be quite traumatic and its very possible that a birth mother is unable to think clearly postpartum, I think that we should consider revising our adoption laws here in Florida to allow for a more reasonable period of time within which a birth mother can give her consent to an adoption.
If you would like to read more about the case discussed here click on the link below: