What is an open adoption?

Open adoption means that a birth parent and a child may continue to have contact, even after the birth parent gives her parental rights to the adoptive parent or a child will have the right to know who his or her biological parents are. Open adoption may be a formal legal agreement that is part of the adoption decree, or it may be an informal arrangement between the adoptive and birth parents.

Adoption Rules

The rules regarding adoption vary from state to state, but generally, both of the birth parents, if both are known, must give up their parental rights entirely. The adoptive parents become the legal guardians/parents of the child and have full rights to that child. In some open adoption agreements, however, the birth mother or birth parents retain visitation rights as a condition of the adoption.

An open adoption, if it is to be a formal legal arrangement, generally must be arranged by the birth parents and adoptive parents at the time of the adoption proceedings. Both the birth parents and adoptive parents must agree to the conditions of the open adoption. The agreement set into place may be very specific, signifying exactly what rights the birth parents will have, or it may be more general and just indicate that the child will know about his or her birth parents and be able to have some contact with them.

In other cases, open adoption is simply a decision that the birth parents and adoptive parents make together and there is no legal agreement in place. This is riskier for the birth parents, as once they have given up custody and the requisite waiting period for the state has passed, they will no longer have any parental rights nor any right to compel visitation should the adoptive parents not agree to it at a later date.

Case Studies: Understanding Open Adoption

Case Study 1: A Harmonious Open Adoption

Lisa and Mark, an adoptive couple, entered into an open adoption arrangement with the birth mother, Sarah. Throughout the adoption process, they maintained open communication and agreed on visitation rights for Sarah. After the adoption, Sarah remained a part of the child’s life, attending important milestones and events. The open adoption provided a sense of harmony and security for the child, knowing both sets of parents cared for them.

Case Study 2: Navigating Challenges in Open Adoption

Rachel and David chose open adoption for their child, but the birth father, Michael, initially hesitated. With the support of a skilled attorney, Rachel and David addressed Michael’s concerns and established an open adoption agreement that allowed Michael to have periodic contact with the child. Over time, Michael embraced the arrangement, and the child benefited from knowing both birth parents.

Case Study 3: Informal Open Adoption 

Emily and Andrew opted for an informal open adoption with the birth mother, Jessica. The initial arrangement allowed Jessica to maintain contact, but unforeseen circumstances led to changes in Jessica’s life, making regular visits challenging. With understanding and empathy, Emily and Andrew adapted the arrangement to occasional updates and letters, ensuring the child still knew about their birth mother.

Getting Help

Making a decision on whether to have an open adoption or not is difficult and important. You need to have a legal advocate on your side to help you make the best choice and protect your rights.