Why isn't Open Adoption legally enforceable?

Question

Why isn't Open Adoption legally enforceable?

Answer 1

Good question.  I wish they were legally enforceable.  You cannot promise one thing and then do the opposite once you get the baby.  Imho, bad role models and bad parenting skills.  Teaching your child that lying is okay?

Maybe their are some exceptions to this rule, i just can't think of any.

Answer 2

IMO,

open adoption is simply an arrangement (not a law) which in theory, is suppose to encourage openesss and acknowledgement of the child's natal family.  hence, there is no legal basis to enforce it.

also, there exists the belief that severing natal bonds is best for the child; hence, the aparents (at their discretion) can close it when it's felt like the presence of the f-parents are detrimental to the child. no matter how illogical the reason.

personally, i think it should be enforced (except in the cases of 'PROVEN' abuse or neglect.  that would really cut down on a lot of the "open-then-close" adoptions that occur.

Answer 3

Frankly I don’t see how it could even be enforceable. And on both ends because some birthparents do stop contact as well.   What would one do to enforce it have the parents and bioparents thrown in jail if either stopped contact with out reasons of why? Would you have the child taken away from his or hers parents even if the child has lived with them for years?  Charge a large penalty fee?

People should keep their word if they make any kind of  commitment but a lot of  people do not.

Answer 4

I believe because once the adoption becomes final, the aparents are the parents and the only responsible for the children in all aspects.  It is up to them if they choose to allow someone in their child's life (be it a birthparent, wierd neighbor, etc).  A parent has the right to make choices for their child until they're 18 and some parents choose to do that without the bmom.

i'm not saying it's right or wrong but i think that's the basis.

Answer 5

As of Jan. 2006 in New Hampshire Open Adoptions are legally enforceable in adoptions through the Division of Youth and Child Services. If a parent is interested in surrendering their rights they have the option of a Mediated Adoption. The agreements are made between bparent and aparents with the help of lawyers, mediators, and DCYF. The agreement is reviewed and becomes legally binding at the surrendering hearing. All parties must agree and are told that it is a legally binding agreement. They tell the birth parent that their rights go up to the agreement and not above. They are told it is enforceable and how to go about keeping it enforce. They are told that once they surrender they no longer have any parental rights and that ultimately the aparents with be responsible for deciding what is in the child's best interest.

The Mediated Adoption Agreement can include any contact that will continue and when and where, if update letters, pictures, report cards, or medical updates will be sent and when. They can also include what the child's name will be when adopted and agreements to keep communications sent to the child for them to have. They can include one or many things that are important the the bparent.

Answer 6

If it were enforceable, it would (gasp!) be enforced. The adoptive parents who have no intention of honoring open adoptions, but merely use the idea as a way to get a kid, would actually be held accountable to the first mother.

Not all adoptive parents are like this, of course, but research suggests that a surprising number of "open" adoptions close very early on.  Many a'parents would love to live in the old Baby Scoop days when healthy white infants were plentiful and first mothers never made their presence known. They can't get used to the idea of "sharing" "their" child.  But times are changing, and the more you resist that change, the less likely you are to ever adopt a child at all.  That's not my opinion, it's reality.

Answer 7

Well, I guess because you can't legally enforce maintaining a relationship.  Do you think adoptive parents should be at legal risk for loosing their child if they don't maintain contact with birthparents?  Then they aren't really on equal legal status as parents, then.  Do, I think adoptive parents are scum if they DON'T make every effort to maintain that contact for their child.  Absolutely, I just don't see how it could be legally enforced.  Same thing with birthparents.  Birthparents have relinquished or had rights terminated.  How can you legally enforce the responsibilty of contact on them when they have no parental rights?  Again, do I think they have a moral responsibility.  Yes.  But, what is moral, ethical,  and right can't always be legally enforced.

Answer 8

because its not fair. Once comeone is adopted they shouldn't have to share the child they gave up with them. When someone is adopted it is supossed to be as if they had the child themselfs there for it becomes theirs for them to raise as their own if you've got to be telling somone else about your child all the time it turns into you being the caregiver and them the parent