Is open adoption legal in the state of PA?

Felicita1

It is not "illegal" but nor is it legally recognized. She may want to visit him or remain in contact with him, but once the adoption happens, he is no longer her child, he is legally "As if Born To" the adoptive parents complete with new birth certificate stating that they gave birth to him, his original birth record is sealed up by the court so that no-one can actually "find out" that he was ever adopted, and they have ALL rights. She will be a "legal stranger" to her child, with no more right to see or contact him than any other unrelated stranger on the street. Ask her if she really wants to lose him forever.

If the people who adopt him let her, if they're really generous, they might let her have occasional visits, and they might also change their minds at any time and forbid them. They have ever right to change the child's name and move away to another state. They don't have any obligation to pass on letters, photos, gifts etc. and many adoptive parents 'save them up' until the child is 18 to "prevent confusion about who are the real parents."

People will advise her to get an agreement in writing, but it is not worth the paper it is written on. It cannot be legally enforced, and even in states where "enforcement" exists, all it means is that the case goes to a mediator -- the AP's still have all final say and control.

Adoption means probably losing your child for the rest of your life. It is a legal mechanism to provide homes for unloved and unwanted children. The message that adoptees get from being "given away" is that they are unloved and unwanted because you don't leave someone you love. Does your sister really want to show her son that he is neither loved nor wanted, to give him this message for the rest of his life? If not, then she should fight for him and show him that she loves him.

MamaKate

Dear Ang,

"Open Adoptions" are not illegal anywhere (the Constitution guarantees our right to freely associate) however, they are also not legally enforceable anywhere either. PLEASE, PLEASE, PLEASE be sure that your sister is aware of this!!!

If your sister decides on allowing her child to be adopted, she would be wise to get any "visitation/contact agreement, IN WRITING. (She MAY be able to at least recover damages and/or have a leg to stand on should the adoptive parents fail to honor the agreement.)

She should also be aware that if she does anything that the APs could cut her off for (ie:"harassment", "stalking", etc.) they could be able to get a restraining order which WOULD prevent her from contacting either the APs or her child. She needs to be FULLY aware of what the PA's statutes are regarding things like how often one can call before it is considered harassment, what types of things could get her in trouble as a stalker, etc.

I hope that if your sister decides to do this she is FULLY educated about the possible ramifications for both herself and this child. There are MANY cases where PAPs have "offered" to have open relationships without really meaning it and then literally disappeared with the children after the adoption is finalized -despite written agreements stating that we would remain in contact.

I have a cousin who lives in PA and has done three "open adoptions/surrogacies" (she is a surrogate & biological mother) and has good relationships with two the families she has provided services for. I am a first mother who had kids (biologically mine and my husband's) for someone I thought was a good friend who cut us out as soon as the adoption was finalized. It really depends on the people involved.

http://www.keepyourbaby.com/open_adoption.html
http://www.exiledmothers.com/open_adoption/index.html
http://www.motherhelp.info/open_adoption.htm
http://www.origins-usa.org/

From the FAQ for Berks Co. Foster to Adopt page:

"There is no such thing as "open adoption " legally in Pennsylvania. Many times positive situations develop between birth and adoptive families during the adoption process and there can be individually arranged plans for letters, pictures, and even visits after adoption. BCCYS can be the go-between for some of these arrangements. The adoptive family is always in control of these arrangements."

http://www.co.berks.pa.us/berks/cwp/view.asp?a=1160&q=445000

Your sister should also be aware that PA is VERY against open records, so IF (God forbid) the APs DO choose to close on her, she and her child will have a very difficult time obtaining information which would allow them to reunite or for her son to obtain his OBC and medical history - even if she wishes him to have access.

Good luck to you, your sister and your nephew. I hope that whatever happens works out for the best for all of you.

ETA: Anastasia, I almost put in a dig about it being an "oxymoron" too! Great minds think alike...

anastasia beaverhausen-the real1

open adoption is not ILLEGAL- however- trying to uphold an open adoption is not legally able to be enforced.

have your sister talk to some other first mothers about how they were promised open adoption and the ap's fled as soon as they got the goods.

my own cousins did it. oh sure, they promised it would be open. so the mom allowed them to adopt her baby. then they moved from wisconsin to nj just to get rid of the natural mother.

happens alllll the time. if she never wants to see her kid again, sure- "open adoption" is a great plan.

monkeykitty83

States cannot outlaw open adoption. The US Constitution guarantees the right of free association between adults, so as long as the adoptive parents and the biological parents are in agreement, it would not be legally possible for the state to deny contact. (In certain abuse cases the state may deny contact with the child while that child remains a minor, but that's not applicable here.) This would be between you and the adoptive parents.

However, open adoption is not legally ENFORCEABLE in Pennsylvania. Big difference. That means that no matter what the adoptive parents promise, even if it's in writing, they cannot be forced by law to keep the agreement. It's up to their own discretion to keep the adoption open, and you cannot legally compel them to do so or seek damages if they don't.

Yes, you can have an open adoption. Free association is a constitutional right in the United States. But you can't force the other party to keep an adoption agreement in most states, including Pennsylvania.

Rowan

i highly doubt open adoptions are illegal in PA. i cant point you towards any specific sites, but i would definitely have her contact an attorney before she goes and starts the adoption process.

Also, even if she does succeed in an open adoption, that still does not guarantee that she'll get to see the child. They arent enforcable.

mom of many

I am not sure if it varies by state or not but in Wisconsin open adoption is not enforceable. Meaning, she could verbally make this agreement with the foster/adoptive parents but once the adoption is final, they could forbid any contact and there is nothing anyone can do. Personally I feel that would be legal, but definitely morally wrong. Her case worker would have the honest answer to that.

BPD Wife

Open adoption is not illegal in PA. However, it is not legally "enforceable" in PA which means that if one of the parties choose to "close" the adoption, the other party has no recourse.

I'm wondering however if there is something different that might be at play here because the child is in foster care. Depending on why the child was removed from the original parents, there may be something "legal" that the state is requiring so as not to put the child in harm. That is the only "legality" that I could see coming into play with the adoption.

cmc

I've heard of it not being enforceable, but haven't heard that it is not legal in any state. Maybe because of the foster care situation visits might be more difficult, but I definitely think she should discuss it with a lawyer.

Krystal

when my mother adopted me in 1990 it was an open adoption and i was born in philadelphia. so im 99.9% sure its legal in PA.

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