5 Legal Issues All Adopting Parents Should Know

Open adoptions are the most popular choice for pregnant women. Most agencies offer open adoptions as an option. While an open adoption is more complicated than traditional agreements, they do give the birth-mother the right to choose who gets to raise her baby. Additionally, birth-mothers who wish to have some future contact with their child will have the ability to select a candidate that will respect this right even after the adoption is finalized. Many believe open adoptions allow for a much healthier dynamic that is trademarked with openness and honesty. While this seems like a good option, it can require adoptive parents to go through a sometimes stressful legal process.

1. Differing Laws

Open adoption contracts are governed by state laws. In an open adoption, birth parents, and other birth relatives, may be eligible for contact. In some states, siblings may even be granted visitation rights. Couples who are interested in open adoption should check their state’s laws before they move forward.

2. Future Changes

All adoption agreements must be approved before the adoption is finalized. A birth parent cannot legally request additional visits that are not covered in the original agreement. All legal contracts should specify the kind and frequency of all future contact between the birth parents and the biological child. There are occasions when changes to existing agreements are permitted when it is in the best interest of the child, and both sides can come to an agreement.

3. Future Involvement

The reality is that a lack of contact does prompt some birth parents to seek to overturn an adoption. Their argument is usually centered around the adoptive parents breaking the original promise to allow regular visits. Courts will generally only enforce an open adoption agreement if it clearly benefits the minor child and enforcement happen at a state level. Overall, courts mainly side with the adoptive parents, but couples must decide how much contact they will want to permit. At the end of the day, the adoptive parents will have the final say over who they let in their child’s life and how much.

4. Reclamation

The greatest fear of any adoptive parents is that the birth mother will want their child back. The reality is that that fear is rarely a reality. Most adoption agencies ensure that all proper legal steps are taken to ensure this situation never comes to fruition.

5. Relinquishment

The birth mother has the right to withdraw from the adoption process, without consequence, even after selecting the adoptive parents. The adoptive parents have no legal rights over the child until the birth mother has signed the final relinquishment papers. Studies show that one-third of all cases involve a withdrawal.

The most important thing is to go in with an open heart and mind so that you are prepared for all possible outcomes and carry with you realistic expectations of the process.