I can't find anywhere it says the Biological mother has actually SIGNED away her parental rights. IF that's the case, then yes, they are on target w/ the 2 days to return the baby.
Case in point. Michigan law states that any time UP UNTIL TPR (termination of parental rights is signed and given to the court) the child can be "asked for and returned" Now in our case, it took our agency almost 3 months to get into court with a date for tpr. She was born in April, and we didn't hit court till the end of June/Beginning of July. ANY time during that point, all we had to do was call the adoption agency and stated we wanted to have custody returned (they (adoptive parents) did an At risk legal placement - basically in "terms" it means, that they agreed to "foster" her w/ the knowledge that they may have to return her...Yes, they bonded,yes they love her, but they knew up front we could change our minds if that's what we decided to do.
IF we placed that phone call, they had 48 hours to return her (our birthdaughter) to the adoption agency. No questions allowed, no legal fight allowed etc. (I'm sure the could have started one, but's not "supposed" to happen)
Is it right? Not sure, BUT if THIS is the case w/ the mentioned article, then she's in her legal right. AND yes I do believe the adoptive couple in the articles case is wrong. They KNEW going in she wanted NO biological children. It's one thing if it "happens' After the adoption has taken place. But to knowingly go in being deceitful?
Well, there's always articles in the media about birthparents and adoption professionals scamming people, in my eyes, this couple was setting up a scam...maybe not for money, but for a baby. I'm sorry they've had difficulty carrying to term prior, BUT there are LOTS of prospective birthparents who could care less if there are biological children in the family, but for whatever reason it was IMPORTANT to this prospective birthmom who was making an adoption plan for her child to state that over several times.
Her agency should be mad, and should be backing her. Because this reflects on them too. A current physical (which is part of the homestudy) should have reflected she was pregnant, so maybe something possibly fell through the cracks, (Even if it was an "old" homestudy, they still have to be updated, just each area is different on how long they are good for) and that "crack" can lead to a giant hole if someone isn't careful.
To those that are saying - well the child's been w/ the adoptive parents for 3 months, they've bonded. Wait a sec...What about those that adopt those 3, 6,9 month old babies, what about international adoptions, or adoptions "out of the system" (the last ones may not apply, since we're talking voluntary adoption, not court ordered or state ordered) OR the countless number of women you find on chat boards, that are thinking they are overwhelmed, end up no an internet adoption site, and are literally BOMBARDED w/ pleas of "I'll take your baby for you, you can have your life back" "we'll do guardianship of your child while you think everything through" Wellll, that child has bonded w/ his/her parents Right? Why is it ok for one type of bonding, and that child should "stay put" yet, it's not ok when someone who may be w/i the legal right to want their child returned to them?
(And up until she goes/went to court that child IS hers. NOT the adoptive parents..the child does not "belong" to the adoptive parents till the court decides, and that's usually (at least here in Mich) SIX months AFTER tpr's are signed.
Stepping off my soapbox, this one burns me though. How DARE they try to pull the wool over someone's eyes. This woman made a decision for the best interest of her child, for whatever reason she was unable to give her child the lifestyle and upbringing, so she sought out those that could, and then is lied to about it? I gurantee if the situation were reversed we'd be reading about it on every chat board, adoption forum etc..because the prospective adoption parents would be shouting SCAM SCAM SCAM...
No I'm not anti adoption, My birthdaughters mother actually now runs an adoption agency, and I've been fortunate enough to learn many,many, things from her. Our birthdaughter has a wonderful life, with a caring, kind, compassionate, beautiful family. She is a happy well adjusted open adoption experiencing girl lol. HOWEVER, adoption IS a permanent solution to an often temporary issue, and I don't think that is discussed often enough when someone walks into an adoption agency. Luckily my bdaughters mom has open adoptions w/ all of her children's birthparents and has applied our conversations to the way she runs her agency!!