Open Adoption

An open adoption is one in which the adoptive parents agree to let the biological mother (or biological father) have continued contact with the child after the adoption. This contact might be periodic visits or an exchange of pictures and other information between the adoptive family and the biological parent or parents. The nature of the contact often is specified in the adoption agreement. Open adoptions have become more common as more birth mothers are involved with choosing which adoptive family will receive their children (particularly through private adoptions).

Open adoptions are a relatively new phenomenon, and in many states it is not certain whether an open adoption agreement is enforceable in the courts by the birth mother (or father) in the event the adoptive parents seek to discontinue contact with the biological parents.

The uncertainty comes from the nature of traditional adoption laws. Adoption laws generally require that the parental rights of the biological parents be terminated. Termination of parental rights traditionally has meant that the biological parents have no more rights or responsibilities regarding the child. If the birth parent is seeking to maintain contact with the child, that might be viewed as an impermissible assertion of rights that no longer exist.

On the other hand, if the adoptive parents had agreed to contact with the biological parent and the adoption was contingent on such contact, the agreement might be enforceable. A biological parent should not count on such agreements being enforceable unless state law clearly says so.