Are Open Adoptions Legally Enforceable?

Open adoption has grown in popularity over the past few decades. Today, it is the most common type of adoption plan. An open adoption agreement ensures that birth and adoptive families stay connected throughout the adopted child’s upbringing.

Adoption has certainly made great strides when it comes to communication and reputation. Previously, adoptions were often kept secret. There was no personal information shared between birth and adoptive parents, and there was never any communication between the two parties. This is known as a closed adoption. Closed adoption is still an option for those making an adoption plan for their child. Each type of adoption plan has its pros and cons.

The term “put up for adoption” was also used quite regularly by society, and is still used to this day. This outdated phrase misrepresents adoption. Anyone within the adoption community can attest to the fact that adoption is anything BUT giving up. It is a positive decision for anyone who is not yet ready – or able – to raise a child. It requires strength, love, and deep devotion.

If you are considering adoption, you may be curious about open adoption. Does an open adoption agreement hold up in court like other contracts? Read on, as we explain how open adoptions work and how they can be upheld to protect you and your rights.

What is Open Adoption?

Open adoption looks different for every family, it is a plan that includes ongoing communication between birth and adoptive parents. Expectant/birth mothers planning adoption can determine the form and frequency of contact with the adoptive family.

Open adoption also gives you – the expectant/birth mother – the power to choose your child’s adoptive family. Your adoption agency can help you find the perfect family for your baby with their selection of adoptive family profiles. These profiles often include photos, letters, and stories about the couple or individual ready to adopt.

Adoptive families at Adoptions With Love are pre-approved for adoption with the Home Study. This process takes several months to complete. It includes thorough background checks and screenings, multiple at-home visits and interviews, and the review of important medical and financial documents. This ensures that every family adopting is healthy enough – physically, emotionally, mentally, and financially – to raise a child.

The adoption process is overseen by the adoption agency, but with the support of an adoption attorney. This legal service – like all adoption services – are free of charge to the expectant/birth mother planning adoption.

Let’s Put it in Writing

A typical open adoption agreement details the specifics of the adoption plan. The form and frequency vary based on the relationship and parents, but it may entail:

• Text messages
• Emails
• Letter and picture updates
• Phone Calls
• Virtual Chats
• In-person visits

Your adoption agency can help you custom design an open adoption agreement that best meets your needs, making you feel comfortable with – and confident in – your decision.

Every adoption agency takes a different approach when it comes to the adoption plans offered to expectant/birth parents. Many expectant/birth parents can typically choose between: open, semi-open, and closed adoption. At Adoptions With Love, for example, every prospective adoptive family must agree to at least a semi-open adoption. A semi-open adoption may also include some post-adoption communication between birth and adoptive parents, but with the support of the adoption agency.

Open Adoption Agreements Are Legally Binding

The open adoption agreement – also known as the post-adoption contact agreement (PACA) – is a legally-binding document. This is determined in the state in which the baby is born. As with any other legally binding contract, PACAs can be legally enforced if one party fails to uphold their end of the agreement.

While an open adoption agreement can be legally enforced in some cases, they are not custody agreements or an agreement to co-parent.

Many expectant/birth parents experience peace of mind, knowing their open adoption agreement is secure. With the legal support provided by the adoption agency – at no cost to the expectant/birth parent(s) – means your rights are protected and the agreement will be upheld over the years.

Learn More About Adoption Services

Legal support is just one of the many benefits of working with an adoption agency. If you are considering making and adoption plan for your child, contact Adoptions With Love any time. We have been working with expectant/birth mothers since 1986. We can walk you through the adoption process, help you understand your rights, and provide you with the supportive services you need. Call 800-722-7731, text (confidentially) 617-777-0072, or reach out online. We can guide you and support you every step of the way.