Also known as: pre-birth consent · pre birth consent · prebirth consents · prenatal consent
Written by attorneys · grounded in primary & secondary sources — see below
A mother's agreement to the adoption of her unborn child. Adoption statutes generally prohibit treating such an agreement as irrevocable when executed before birth and instead require consent at or after a statutorily prescribed time, usually in a writing that is notarized. Before entry of an adoption decree, withdrawal may be allowed if it serves the child's best interests after notice and a hearing.
Phoebe Park signed a handwritten note during pregnancy agreeing that her supervisor's cousin could adopt the baby. After delivery she promptly petitioned the court to withdraw the note and regain custody. Because the note was executed before birth and lacked notarization, the court treated it as nonfinal and permitted withdrawal subject to a best-interest hearing.
Piper Patel executed a notarized consent form two months before delivery designating her coworkers as adoptive parents. After birth she filed to revoke the form before any decree was entered. The court allowed the revocation because the consent had been given before birth and no decree had yet finalized the adoption.
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No. Typical statutes prohibit irrevocable pre-birth consent by a mother regardless of the child's birth. The consent remains revocable before entry of an adoption decree, subject to a best-interest determination after notice and a hearing.
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No. Notarization satisfies a formal requirement but does not override the statutory prohibition on irrevocable pre-birth consent. The timing defect controls, and the mother may still seek withdrawal before a decree.
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Consent becomes irrevocable only after the court enters the adoption decree. Before that point, withdrawal is permitted if it serves the adoptee's best interests following notice and a hearing to the parties.
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