You Have Rights: Knowing Your Options in the Face of Child Welfare

Are you worried about Child Protective Services taking your child? If you are facing challenges like substance use or unstable housing it can be overwhelming to think about losing parental rights. What many birth mothers don’t realize is that adoption is still an option, even if child welfare is involved.

Whether you are in the hospital, already working with child welfare (like The Department of Human Services (DHS) or The Department of Children, Youth and Families (DCYF), or simply unsure of your next steps, you have the right to make an adoption plan at any point. Choosing adoption is a proactive and loving decision that allows you to have a say in your child’s future, rather than leaving it entirely in the hands of the state.

You Can Choose Adoption at Any Time

For many birth mothers, the hospital experience can feel overwhelming, especially when facing an unplanned pregnancy. In the midst of labor or recovery, emotions run high, and decisions may feel rushed. What’s important to know is that you can still choose adoption at any point, even after your baby is born.

If you decide that adoption is the best path for your child, you have the right to create an adoption plan while in the hospital, days or even weeks later, or any time before child welfare steps in.

This gives you the power to:

• Choose the adoptive family who will raise your child.

• Bypass the foster care system, giving your child a direct path to a stable, loving home.

• Maintain a connection with your child through an open adoption if you choose.

Your Rights at the Hospital: You Are in Control

If you are giving birth and concerned about DHS/DCYF involvement due to drug exposure, houselessness or lack of resources, you still have the right to create an adoption plan. When considering adoption, it is also important to know that you have full parental rights until your rights are terminated. 

Here’s what you need to know:

• You have the right to choose adoption at any time. Even if you did not consider adoption before, you can make an adoption plan at the hospital, whether you are in labor, immediately after birth, or even days, weeks, months or even years later.

• You have the right to privacy and respect. You deserve to be treated with dignity, no matter your circumstances. Hospital staff should respect your wishes and provide you with a private space to meet with an adoption advocate.

• You have the right to choose the adoptive family. You can personally select the family who will raise your child by reviewing family profiles. If you prefer, you can also allow the agency to choose a pre-approved, loving family for you.

• You have the right to an open adoption. Adoption does not mean saying goodbye forever. You can choose an open adoption, allowing you to stay connected with your child through letters, photos, and visits.

• You have the right to support, even after placement. Adoption is an emotional journey, and you deserve ongoing care. Choice Adoptions offers connections to counseling, support groups, and direct advocacy long after you leave the hospital.

Substance-Exposed Newborns: You Still Have Options

If your baby is born drug-exposed, it will trigger an automatic child welfare report. However, you can still choose adoption, even after the State becomes involved.

What does this mean?

• You can work with an adoption agency to create a plan quickly, allowing your baby to go directly into the care of an adoptive family instead of entering foster care.

• You have the right to choose the adoptive family and determine the level of openness you want.

• Even if the State is involved, you can still make a voluntary adoption plan rather than having your child placed in state custody.

The steps:

1. Inform the hospital staff: Let your nurse, doctor, or the hospital social worker know that you are interested in making an adoption plan.

2. Connect with an adoption agency: The social worker will contact a local adoption agency, such as Choice Adoptions, to arrange for an advocate to meet with you.

3. Decide on openness: You will have the option to choose between an open or closed adoption, allowing you to decide how much contact you want with your child moving forward.

4. Choose the adoptive family: If you wish, you can select the family by viewing profiles. If you prefer, the agency can place your baby with a pre-approved, loving family.

Throughout the process, you are in control. You get to make the decisions that feel best for you and your child.

You Have Time to Finalize Your Decision

Even after delivery, you will have time to consider your decision. In most states, birth parents cannot sign the final adoption consent forms until 24–72 hours after birth. This gives you time to:

• Process your emotions and feelings.

• Ask for counseling or support if you need it.

• Be fully confident in your choice before signing any legal documents.

You Are Not Alone: Choice is Here to Help

If you are in the hospital or facing DHS involvement, you still have options. Choosing adoption is not giving up, but a brave and selfless choice that gives your child a future filled with love and stability.

At Choice Adoptions, we are here to support you with compassion, dignity, and care, no matter where you are in your journey. Whether you are in labor, post-delivery, or working with child welfare, we can help you explore adoption as a positive and empowering choice.

Learn more about how we can support you here.

Contact our 24/7 pregnancy support hotline at 503-550-9310 to connect with a birth parent advocate today. You are not alone. We are here for you every step of the way.