Know your rights.
Maybe you want to parent your baby. Maybe you still think adoption is the right choice for you, but this all just feels so wrong. Or maybe, you just need more time to figure it out.
It doesn’t have to be this way. No matter the direction you’re leaning toward, you should be supported and informed so you can make the right decision for you.
Have you been transported to Utah for the purpose of giving your baby up for adoption?
You have rights:
You have the right to have your own attorney representing you (not the adoptive parent’s attorney)
You have the right to change your mind about adoption and NOT pay back anything to the agency.
Money from adoptive parents must be given as an act of charity. Utah Code Ann. § 76-7-203
The only circumstance where this does not apply is if you know you’re not going to place the baby and take the money anyway, which constitutes fraud. SIMPLY HAVING A CHANGE OF HEART IS NOT FRAUD!
You have the right to counseling from a licensed counselor.
You have the right to leave Utah and return to your home state and the adoption agency must pay for your transportation back home. Utah Admin. Code 501-7-6(15).
You have the right to have your baby with you in the hospital.
You have the right to tell anyone that they cannot visit you in the hospital. Similarly, you have the right to tell a support person they can visit you in the hospital.
You have the right to refuse to give the agency your home address after changing your mind.
You have the right to explore all your options.
In the hospital:
If you feel you may be in danger or are scared to talk about your options, talk to healthcare staff! They are on your side, you and your baby are the patients!
If your adoption worker coaches you to tell the healthcare staff a different story, don’t. Just tell the truth — they are there to advocate for you because you are the patient. Your adoption worker may tell you to say:
“I don’t know who the father is.”
“I don’t have Native American heritage.”
If any of this is not actually true, but your adoption worker is telling you to lie, this is a red flag!
Someone in your room and you don’t want them to be? Notify healthcare staff immediately if they refuse to leave.
If you sign:
Your consent is IRREVOCABLE UPON SIGNING. Utah Code Ann. §§ 78B-6-126 and 78B-6-123
Post-Adoption Contact Agreements are NOT enforced. Utah Code Ann. § 78B-6-146
You are not to sign the consent forms until at least 24 hours after birth. Utah Code Ann. § 78B-6-125(1). This is a MINIMUM, not a MAXIMUM. You can take your time!