Similar to the majority of adoption procedures, the regulations and statutes which govern an open adoption will vary based on state and jurisdiction. How many would go through with it? Often, the birth parents have an agreement to have some type of contact with the child after the adoption process completes, but other times there is the need to have a formal contract between the parties to ensure it is enforceable in a court of law. The contract is for photos, updates, and visits only. Let us be clear: Open adoption agreements (continuing contact agreements in legal parlance) aren't enforceable. Do you think most PAPs would want to adopt? However, if an open adoption agreement is made verbally or in writing (open adoption agreement) and one party does not abide by the agreements made, the other party can use the services of a lawyer to go to court. Open adoption is the adoption industry's answer to all the woes that beset adoptees and natural mothers by their forced separation. Although post-adoption contact agreements are not legally enforceable in all states, it still highly advisable to create one. I ... And that’s why she is decidedly in favor of written, enforceable agreements that can be re-evaluated over time — which Utah’s adoption law does not address and is the subject of a below-the-surface debate among adoption groups. I also had been working with a mother who spent 500,000 fighting for her open adoption in a state (FL) where open adoptions are legally enforceable when included in the post adoption contract. When she asked about it she was told, “Yes, our state has legally enforceable open adoptions.” However, she had no legal representation of her own and found out, after her open adoption was closed and she sought relief, that the law in her state required the open adoption contract to be entered with the final decree of adoption. In some, they are enforceable only with certain types of adoptions. No party is signing this Agreement in exchange for giving up parental rights to the child, or in exchange for receiving consent to the adoption from either parent. That is, they are not legally enforceable. These agreements are not initially considered legal documents. (2) Agreements regarding communication with or contact between child adoptees, adoptive parents, siblings of child adoptees, and a birth parent or parents shall not be legally enforceable unless the terms of the agreement are set forth in a written court order entered in … When a birth parent places a child for adoption, they relinquish any and all parental rights. If you’re considering choosing open adoption for your baby, one of the questions you may have is, “Are open adoptions legally enforceable in North Carolina?”For prospective birth mothers who want to ensure continued communication with their baby’s adoptive family after placement, this is a reasonable question. Open Adoption Agreements - Are They Legally Enforceable? AGREEMENT If you make a promise to enter into an open adoption, there should be recourse if you then decide to change your mind. However, if an open adoption agreement is made verbally or in writing (open adoption agreement) and one party does not abide by the agreements made, the other party can use the services of a lawyer to go to court. An open adoption is not legally binding; as a result, nearly 80% of all open adoptions assume a closed status within 3 months of the adoption assuming finalization in court.