What are the legal laws about open adoption???

Question

i was asked to give a child up for adoption to a family that can not have kids and I was wondering what the legal laws were??? will i still be able to see this child and have contact with them????

Answer 1

I think it depends on where you live.  It varies from state to state.  Check with your local Children, Youth and Families Office or your attorney, if you have one.

We live in PA and have adopted three children.  We have an "open adoption" for two of them.  And what that means is different in each case.

What a tough decision you have ahead of you!  Get all the information you can now.

Answer 2

I will recommend you to go to a lawyer before taking a decision. Anyhow I have got some things about open adoption rules from wikipedia.

Open adoption is a term generally used to describe a variety of arrangements allowing for ongoing contact between members of the 'adoption triad' (adoptive family, birth family, and adopted child). The level of openness in any relationship varies widely. Degrees of open arrangements span from mediated contact, which implies letters and photographs sent through a third party (so that the adoptive family can maintain privacy), to full disclosure of the adoptive family's personal information. In fully open adoptions, there is actual physical contact, through meetings and visits between the birth family and the adptive family. Sometimes an adoption agency may describe an adoption as 'open' when the birth-mother (and/or birth-father) may have a say or may make the actual decision on who is chosen to parent their child, though this is not the generally accepted definition.

An adoption where the adoptive and birth parents do not become aware of each others' identities and where only medical and historical information is given to the adoptive parents is known as a closed adoption.

Although open adoptions are thought to be a relatively new phenomenon, in fact most adoptions in the United States were open until the twentieth century. Until the 1930's, most adoptive parents and birth parents had contact at least during the adoption process. In many cases, adoption was seen as a social support: young children were adopted out not only to help their parents (by reducing the number of children they had to support) but also to help another family by providing an apprentice.

Adoptions became closed when social pressures mandated that families preserve the myth that they were formed biologically. One researcher has referred to these families, that made every attempt to match the child physically to their adoptive families, as 'as if' families.

Openness became the norm when infants available for adoption became scarce, and birth parents had the ability to negotiate acceptable terms for their children, including the ability to participate in decisions about who they wanted to parent their child.

Proponents of open adoption maintain that such adoptions are better for the child and represent best practice. Increasingly, as children growing up in open adoptive homes are studied, adoption researchers are finding that this might be a preferable adoption arrangement. Civil rights advocates argue that openness is the right of all children, who are entitled to information about their history and heritage.

One important fact related to openness is that open adoptions are not legally enforceable agreements in many jurisdictions. The adoptive parents may terminate all contact with the birth parent(s) at any time and for any reason.

Answer 3

Very few states honor open adoptions.  The most you can do is go on the word of the couple hoping to adopt (which often times doesn't mean jack sh**t).  And do not go on the word of adoption lawyers or agencies, they will tell you what you want to hear just to get your baby.  I do not remember what states honor them, but there are some that you would actually have a document worked up and approved by the court (which would mean you could sue for visitation if the a-parents cut you off), but again, very rare.  Legally, everyone sides with the adoptive parents and if they decide to cut off contact, there would be nothing you could do.

Answer 4

non-binding, which means you're SOL if you get stuck with dishonest aparents

Answer 5

Once you sign those papers it is totally up to the adoptive parents to honor your agreement. In other words whatever you decide before the paper's are signed is just a good faith agreement. They are not legally bound to give you a darn thing. They can choose to move to another planet and never send you a single letter or picture if they so choose.

Answer 6

While open adoption is legal in many states, most states will NOT support or enforce the agreements. The a-parents can cut your contact at any time permanently.  You might add your state to this question to get more specific. On the other hand, if the a-parents move to another state, then you are stuck with whatever laws go on there.

Answer 7

Some may think that allowing an expectant parent to choose the prospective adoptive parents from a profile of non-identifying information is an open adoption. Still others may say that those who met prior to placement and who exchange pictures and letters after the child is placed in the adoptive home are participating in an open adoption. This definition is, in fact, a variation of a semi-open adoption or openness in adoption.

So what is an open adoption?  The primary difference between a truly open adoption and a semi-open adoption is that the adopted child has the potential of developing a one-on-one relationship with his or her birthfamily. It is not about the adoptive parents bestowing birthparents with the privilege of contact, nor is it about birthparents merely being available to provide information over the years. Direct contact, in the form of letters, phone calls and visits between the birthfamily and the adopted child, along with his adoptive family, is essential if they are to establish their own relationship. After all, how can we honestly call an adoption open if the child is not involved?

For many who are just beginning the adoption process, the concept of open adoption appears to be another complication they would rather not deal with. One prospective adoptive mom, weary from years of infertility, asked me at an adoption conference, "I am pursuing an international adoption because I don't want to have to deal with my child's birthfamily in any way. What can you say to me that would make me change my mind and pursue, instead, an open adoption?" My answer to her was simply this: "No matter where your child is adopted from, you will, as adoptive parents, need to ‘deal with’ your child's birthfamily whether you know the birthfamily or not. This birthfamily is a part of who your child is. Open adoption allows you to know your child better by knowing his birthfamily."

Expectant parents considering placing a child for adoption are often just as leery of the prospect of open adoption. Many are told, or feel, that ongoing contact will make it difficult to move on with their lives. Some are afraid that seeing their child will be too painful. Many worry that their involvement might confuse the child

Making open adoption child-centered.

Many adoptive professionals encourage prospective birthparents and adoptive parents in the pre-placement process to choose the level of contact "they are most comfortable with having." The philosophy of comfort does not take into consideration several very important factors, one being that open adoption should not be based on making the adults involved comfortable; rather it should be about providing for the needs of the child. Much of the open adoption experience is uncomfortable and awkward, especially in the beginning. While it is true that many children are only as comfortable as the adults around them, it is also true that many of us do things for our children that we are not totally comfortable with because it is good for them.

The other factor that the philosophy of comfort does not take into consideration is that adoption is a lifelong process. Many birthparents in the crisis of planning for an adoption look upon continuing contact as an option too painful to contemplate. Many adoptive parents, on the other hand, just want to be a family, without the added complication of visits with their child’s birthfamily. Most open adoption agreements are based on these feelings that occur around the time of placement. These agreements do not allow contact to ebb and flow according to the needs of all involved, most importantly the child. As time goes on, many birthparents, adoptive parents, and the adopted child find they want more contact, but feel they are not able to ask for more because of the original agreement. In cases such as these open adoption becomes a contract instead of a covenant.

According to Webster’s Revised Unabridged Dictionary, covenant is defined in part as being one of the strongest and most solemn forms of contract. It is also described as being sacred. For open adoption to work best, birthparents and adoptive parents need to see their involvement with each other as a sacred commitment, or a covenant they make to each other for the sake of the child.

Patricia Martinez Dorner, author of Children of Open Adoption and Talking to Your Child about Adoption, encourages us to see open adoption as just another form of blended family. In adopting, adoptive parents are welcoming the member of one family into their own. This "blending" of families is not without its share of uncomfortable moments, but the beauty of birthparents and adoptive parents accepting each other as family is twofold:

One, birthparents and adoptive parents really get to know each other. It allows them to see who the others are outside of their adoption experience. Birthparents can be seen as more than someone who found themselves in a difficult situation and adoptive parents can be seen as more than an infertile couple. Being able to know each other as complete human beings allows for greater acceptance. The adopted child is also able to know his birthparents as they are, rather than creating a fantasy birthparent. Instead of spending countless hours conjuring up an image of a person they do not know, they can use that energy for other things.

Two, it gives the child a sense of wholeness. There will no doubt be times when birthparents and adoptive parents take up the responsibility of maintaining the connection with each other. An infant, a toddler or a child cannot carry the burden of maintaining the connection between his two families. An adopted child whose birthfamily and adoptive family come together in a familial way, will grow up with greater certainty. There is a saying that the greatest gift parents can give their children is to love one another. I think it is inclusive of all parents, not just married couples.

So, what does a family blended by open adoption best compare to? In their book, The Open Adoption Experience, Sharon Kaplan-Roszia and Lois Melina state: "In practice, the relationship in open adoption is…comparable to that between in-laws."

In marriage, a spouse accepts his or her in-laws because he or she realizes that they are an important part of who his or her spouse is. In open adoption, the adoptive family and birthfamily make a commitment to stay in contact because they also realize that the birthfamily is an important part of who the child is. As with in-laws, relationships vary. Some open adoption relationships develop into friendships while others are more distantly involved. All, however, recognize that they are family to one another, and important in the life of the child.

Answer 8

In most states (if not all) 'Open Adoption' is not legally binding.

And sadly many adoptive parents close adoptions down the track once they have the baby. Relinquishing mothers can do nothing about it.

It all depends on the adoptive family - and how willing they are to allow you to have contact - which they should - morally - as it is what is best for the adoptee to know, personally, all their family.

If the adoption has already taken place - you could try contacting the adoption agency you went through - and perhaps they can try to contact the adoptive parents on your behalf. (and hope that they will help you)

Good luck.

Answer 9

I advise you to approach open adoption very carefully and to get everything that you want in writing.  You can choose to have an open adoption, however, there are no guarantees that the adoption will stay open.  Even in states where open adoptions are legally enforceable, adoptive parents can close the adoption "for the sake of the child".  That could mean just about anything.  Also, open adoption can take many forms.  Adoptive parents are advised to negotiate as little contact as possible.  I have heard of some agreements where open adoption means pictures and letters 2-3 times year for the first year and after that the "birth" family is cut off.

Many "birth" parents close the adoption because that find that contact is too painful for them.  Open adoption is still adoption with its inherent loss for the "birth" family and the child.

Answer 10

you need to make sure this is what you want to do.  i'd suggest counseling and making sure this is the right choice for you and your baby.  of course nothing is set in stone until you relinquish your parental rights.  because open adoption is nothing more than a promise the adoptive parents make to the mother.  the adoptive parents do not have to fullfill that promise.  once the adoption is finalized the a-parents have legal say in what happens.  personally i am an a-parent, i fully believe in upholding the promise i made.  it's up to you to find an a-family that you truely believe will fullfill what you are looking for.  what we agreed to and do is pics, letters, phone calls and visits.  many are just pics and letters.  all are considered to be an open type of adoption.  the only reason i would every personally stop any of what we're doing is if i felt as a parent it was harmful to my child to continue.  and i can't see that.  you need to find a family that fits what you want out of the adoption, but just understand that legally you cannot force visits and pics and letters to be sent.  and sadly there are some a-parents out there that will promise you anything you ask to have that child placed with them and then not follow through and there will be very little you can legally do about it.  i'm not trying to scare you and say don't do it, you'll regret it.  but you'll need to make sure you're well informed about the decsion you are making.  as an a-parent i would feel awful if the mother was lied to and promises not tried to be upheld.  but that's me, and i pray most a-parents are like me.

Answer 11

This is a too important question to be depending on Yahoo Answers.  Talk to a lawyer.

Answer 12

Open Adoption Laws vary from state to state and may even vary based on the agency (if you use one).  We have been told that although we have an open adoption, it is not enforceable by the courts in PA.  Our agency's view of open adoption was that it required us to send at least one letter and picture per year to the agency to provide with the birthfamily.  For us, that is not an issue as we adopted from his bio-grandparents and have open communication and visits with them.  

To be sure that "open" means what you want it to, I would highly recommend speaking with either the agency or the attorney that you decide to use and make sure that you understand if it is enforceable by law or not.  I'd hate to see someone enter into something without all of the information.

Good luck to you.

Answer 13

dnt do it. You'll rue the day you had when they change his name, his personality, anything thats left of you.

Answer 14

You were asked to give your baby up????  By who??

If you want to give your child away I dont understand why you would want to see him/her, is that not the whole point of adoption that you give away all rights to your child!

Also i really dont think this is the place for such a question, you need to go and see your solicitor or the adoption agency you are going through

Answer 15

There are no laws that guarantee an open adoption.  While you might choose a wonderful couple who are interested in making sure the child's relationship with you is maintained, they might also change their minds, or adopt with no intention of leaving the adoption open.

Consider this carefully.