Do you think "open" adoptions can be upheld legally by the "birthmother"?

Question

http://birthparents.adoptionblogs.com/weblogs/thursday-thirteen-news-stories

thanks for the link.

Answer 1

I'd hope that there is some way- but I've read otherwise in this YA group.  

If a natural parent needs to find out, they should call the agency they used and an attorney to see what they can tell her.

Answer 2

It depends on the state you live in.  I know for a fact in California and Oregon that open adoption agreements are legally binding.

Answer 3

it depends on the laws of the state in which you take placement. in texas, agreements to have an open adoption are not legally binding.

Answer 4

washington state is the only state that ive ever heard of the has legally enforceable contact agreements.  I know in most states they are not enforceable.

Answer 5

I think in some cases courts can get involved, or at least as the definition of family is ever increasing they will in the future.

I don't believe in blanket laws because I think as parents, we have the right to do what is best for our child., BUT I think maybe at times a court needs to determine that.  Maybe what is best for the child is to continue with openess, maybe it is not, but the bio mom and the a-mom may have their own lenses of perception behind them and they are too close to the case.

Answer 6

Unfortunately, "open adoption" agreements are almost impossible to enforce. They are expensive if you have to go to court and it is difficult to persuade a judge to change the child's circumstances away from the decisions made by the person who has day to day control of the child's upbringing.

Law is not the answer to every problem. If the bio-mom is willing to maintain a cordial and supportive relationship, that is much more effective anyway. However, if the adoptive parents decide to move far away, or cut off contact, or change the rules of contact, the bio-mom may have to resort to Court and that makes things much worse even if she is legally right.

Answer 7

I am a social worker that does Independent Adoptions in Los Angeles.  In our cases the birthparents and adoptive parents can file with the court an adoption agreement which states what type of contact they plan to have in the future.  If the contract is not upheld, the parties can take it back to court, however the adoption can never be undone or threatened because the contact was not upheld.