Open Adoptions FAQ
By Lisa Burden, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed September 19, 2024
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If you’re considering open adoption, you likely have several questions. Understanding how open adoptions work and their unique advantages and challenges is key to making the most informed choice for your family.
Open adoptions involve complex written contracts. These contracts (or post-adoption agreements) outline the rules and parameters for contact between an adopted child and their birth family. Adoptive parents and biological parents must work together to agree on the level of contact, rules, and boundaries.
This page answers some common questions adoptive families have about the open adoption process. You can also talk to an adoption attorney near you for personalized legal advice.
- What are open adoptions?
- Is there more than one type of open adoption?
- What is the difference between open and closed adoptions?
- Are there advantages to open adoptions?
- Are there disadvantages to open adoptions?
- What are the rules of open adoptions?
- How can I get an open adoption?
- What are the costs of an open adoption?
- Who pays for the birth mother's hospital/birth expenses in an open adoption?
- Is a home study required in an open adoption?
- What are the legal rights of the birth parents in an open adoption?
- Is an agreement for contact between the birth parents and the adoptive family legally enforceable?
- What kind of support is available for adoptive and birth parents in open adoptions?
- Still have questions on open adoptions? Get professional guidance
What Are Open Adoptions?
Open adoptions are an adoption arrangement where there is communication and interaction between the adoptive parents, birth parents, and the adopted child. An open adoption means the birth and adoptive parents have agreed on an arrangement that is in the child's best interests.
Despite the cooperative contact between the parties, the parental rights of the birth parents and the extended biological family end when the adoption is final. The adoptive family has permanent, legal parental rights.
Is There More Than One Type of Open Adoption?
Yes. There are two types of open adoptions with different levels of openness:
- Fully open adoptions
- Semi-open adoptions (sometimes called mediated adoption)
In a fully open adoption, the birth mother has direct contact with the adoptive family. They may meet in person. This means the parties have identifying information about one another. Names, addresses, letters, and phone calls are exchanged in a fully open adoption.
The birth father may also have contact with the adoptive family. Other members of the birth family may also have contact with the child and adoptive parents.
In a semi-open adoption, an agency caseworker or an attorney passes along information between the birth family and the adoptive family. This information can include:
- Letters
- Photos
- Family history and background
- Medical history information
Identifying information like names and addresses is not shared. The two families do not meet in person.
What Is the Difference Between Open and Closed Adoptions?
birth family chooses not to have any contact with the adoptive family. But nonidentifying information about the birth family may be provided, including background and medical information.
Domestic adoptions are often a form of open adoption. According to a report issued by the Donaldson Adoption Institute, more than half of domestic infant adoptions are fully open. Semi-open or mediated adoptions comprise 40% of adoptions. Closed adoptions make up only 5% of adoptions.
Increasingly, women who face unplanned pregnancies seek open adoptions. Conversely, international adoptions are almost always closed adoptions.
Are There Advantages To Open Adoptions?
There are several potential benefits of open adoptions. For example, it can reduce the anxiety of birth parents to see their child in a safe and loving home.
Open adoptions can offer benefits to the child as well. It can give the adoptee a clearer understanding of their personal history. An open adoption allows them to ask questions about their birth family's background as they age.
According to the Child Welfare Information Gateway, research has shown children do better in open adoptions because it allows them to understand their background and adoption story.
Are There Disadvantages To Open Adoptions?
There are challenges associated with open adoptions. One significant concern arises when the relationship between the birth parents and adoptive parents deteriorates post-adoption. This could result in the adoptive parents revoking visitation with birth family members. Even if an agreement about such third-party visitation is in the legal adoption documents, the biological parents have little to no legal recourse to continue their visits to the child under the family law of many states.
What Are The Rules of Open Adoptions?
At its core, an open adoption is a contract between birth families and adoptive families. All parties must work together to agree on:
- Types of contact
- Frequency of communication
- Healthy boundaries
- And more
Outside of any legal requirements of an open adoption agreement, some informal rules can help ensure a nurturing and respectful agreement that is the best interest of the adopted child. Ultimately, the well-being of the child should inform all decisions surrounding the open adoption relationship.
Clear communication is crucial. All parties should be transparent about their expectations and boundaries. Any changes in circumstances should be discussed immediately. Keep a consistent schedule for visits or contact—they can help provide stability for the adoptee.
Mutual respect is one of the most important informal rules of any open adoption. Birth parents and adopted parents should acknowledge and celebrate the unique role they play in the adoptee’s life. Use positive and uplifting language when discussing each other with the adopted child.
Even families who follow all the rules of an adoption adoption may run into challenges. Adoptions are complex and emotionally charged, and open adoptions are no different. Recognize when you need outside support and work with a counselor or adoption professional if necessary.
How Can I Get an Open Adoption?
Generally, there are three ways to get an open adoption:
Work with an adoption agency. You can partner with an agency offering open adoptions. Most agencies explain their adoption programs on their websites.
Consider an independent adoption. An independent adoption does not involve an agency. The adoption process requires the services of an adoption attorney. This route is expensive because it may involve advertising to find birth parents who have decided to put their child up for adoption. Once you have found birth parents open to an independent adoption, the attorney can help you with the paperwork and court filings necessary to finalize the adoption.
Adopt a child through foster care. These are also called public adoptions. Public adoptions through the foster care system are often free. Circumstances are different for each foster child, but open adoptions may be an option.
What Are the Costs of an Open Adoption?
Open adoption can occur through various types of adoption, whether from foster care, through a private agency, or through independent adoption. As a result, costs for prospective adoptive parents vary.
Adoption through foster care has few, if any, costs. A private adoption will cost between $30,000 to $60,000, and an independent adoption can cost between $25,000 to $45,000.
Adoptive parents in private agencies and independent adoptions pay for several services. The adoption process fees include:
- Home study
- Agency, court, and legal fees
- Pre-adoption and post-adoption counseling for birth parents
- Birth parent medical and legal expenses
- Adoptive parent training
- Social worker services
There is financial help for open adoption. There are state and federal adoption tax credits. Some employers offer adoption subsidies. Some organizations offer grants.
Who Pays for the Birth Mother's Hospital and Birth Expenses in an Open Adoption?
Under most state laws, adoptive parents can pay “customary and reasonable expenses" incurred by the birth mother. Customary and reasonable expenses can include:
- Legal expenses
- Adoption agency expenses
- Medical and hospital expenses related to the pregnancy
- Living expenses
Courts may review and question the expenses.
Is a Home Study Required in an Open Adoption?
Yes. A home study is necessary for open adoption, even with birth parent involvement. State adoption laws require a home study.
An adoption services provider or a licensed social worker will conduct the home study. The study reviews the prospective adoptive parents and their home for suitability for adoption. The process usually involves:
- Interviewing the adoptive family
- Checking the parents' home for safety
- Completing family and friend referrals and references
- Background checks
Background checks typically include a look at the adoptive parent's criminal history, income, and medical history.
The home study concludes with the caseworker's recommendation of the children you can adopt. For example, the social worker might approve you to adopt one child younger than 5. In another instance, the caseworker might approve an adoption plan allowing you to adopt two children under 10.
Home studies generally cost between $1,500 and $3,000. The fee varies depending on the:
- Type of adoption
- Adoption agency
- State where you live
There might be financial help for home studies. Adoption tax credits can help defray the cost. According to the Internal Revenue Service (IRS), adoptive parents can claim home studies as a legitimate adoption expense.
What Are the Legal Rights of Birth Parents in an Open Adoption?
After the adoption is final, the adoptive parent has permanent and legal parental rights over the adopted child for the child's life. The birth parents' legal parental rights are terminated. But an adoption relationship between the adoptive family and the birth parents can continue if all agree.
Is an Agreement for Contact Between Birth Parents and the Adoptive Family Legally Enforceable?
Post-adoption contact agreements detail the type and frequency of contact between a child's adoptive family and birth family. The agreement continues the adoption relationship. These open adoption agreements range from informal understandings to written, formal contracts. The enforceability of post-adoption agreements can be an issue in open adoptions.
Laws about enforcement vary among the states. Some state laws specifically mention the agreements are non-binding and non-enforceable. Other states allow enforcement of post-adoption agreements when the adoption court has approved them. Generally, states allow adoptive parents to put aside the agreement if doing so is in the best interests of the child.
What Kind of Support is Available for Adoptive and Birth Parents in an Open Adoption?
Support is available for adoptive and birth parents. Adoption agencies often provide counseling. Counseling can include access to support groups and resources for managing relationships in an open adoption. In an independent adoption, prospective adoptive parents usually pay counseling costs.
Counseling is important if you are considering adoption, especially open adoption. Open adoption can have a significant emotional impact on family members. Counseling can help parents understand the emotional dynamics unique to open adoption. You might not encounter these issues in a traditional closed or semi-closed adoption.
Still Have Questions on Open Adoptions? Get Professional Guidance
Open adoptions are becoming increasingly common. The paperwork and clearances must be carefully prepared. An adoption attorney can make sure that everything goes smoothly. Contact a local adoption attorney to discuss the details of your adoption case.
Can I Solve This on My Own or Do I Need an Attorney?
- It is a good idea to have an attorney for complex adoptions
- An attorney can ensure you meet all legal requirements and that your adoption is finalized appropriately
- An attorney can help protect the best interests of adoptive children, adoptive families, and birth parents
- For simple adoptions, you may be able to do the paperwork on your own or by using an agency
Get tailored advice at any point in the adoption process. Many attorneys offer free consultations.
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