Is there any documented cases where an opened adoption was ruled by a judge to remain opened?

Possum

I have been online in the adoption cyber-world for 2 years now.
I have never heard of an open adoption being upheld in court.
I have time and time again heard of open adoptions that are closed by mostly AP's.
Adoption is not a custody issue like divorce.
Adoption often changes birth certificates to say that the AP's gave birth to the adoptee.
The US adoption system is one messed up mind numbing experience for any US adoptee.

Felicita1

The open adoption agreements that I have heard about that *are* enforced are when (1) older children are adopted from foster care and the judge rules that an open adoption agreement is "in the child''s best interest" if they have a "pre-existing relationship" with someone in their natural family (usually a grandparent or sibling as the parents have usually been declared unfit).

.. and (2) where the agreement was at-birth, but "enforcement" means that a small fine is paid or some form of other light penalty. Some laws say that mediation can occur, but this is not the same as arbitration and is not legally binding in any way.

In no way does "open adoption enforcement" mean the mother or father gain any right to see their child or have contact with their child if the adoptive parents are against it.

And remember: "open adoption" does not mean the right to visits or contact, but only that the two parties are not anonymous to each other. Even a single letter or photo sent per year is considered generous by many. Ge et al (2008) constructed openness as a 7 point scale:

1. I have no information about the adoptive parents
2. I only have general information about the adoptive parents that the agency provided.
3. All communication with the adoptive parents is through an agency.
4. I exchange letters/emails, cards, pictures, but have no face-to-face contact with the adoptive parents.
5. The adoptive parents and I have visits 1 to 3 times per year and communicate semi-regularly by phone, letter, or email.
6. The adoptive parents and I have visits about every other month and communicate often by phone, or letters/emails.
7. The adoptive parents and I have visits at least once a month and communicate several times a month by phone, letters, or email.

"1" and "2" constitute closed adoption. Everything else is open. So, you can have identifying information on the adoptive parents and receive a letter from the agency once every 10 years and it will be considered by the court to be an open adoption.

ETA: example being California, a supposedly "enforcable" state: "The terms of any postadoption contact agreement shall be limited to the sharing of information about the child, unless the child has an existing relationship with the birth relative." This means that the child is significantly older than a newborn -- I have yet to hear of any of these "enforcement" orders being issued for children under the age of 6!

red&sassy

A few years ago, at the most, there was someone who put up a link to take you to a site about adoption in that state. I t said open adoptions were legal and enforceable. It was a government site.

I called the number provided to see if this was true. The lady said "no" and I asked how it got on there. She said anybody can put anything on the web sites, but it doesn't mean it's true. She reassured me that it was not true about open adoptions.

The Quets Family

Not Adopted

I wonder how many attorneys would be interested in tackling this issue? The media would paint the "birth relatives" as abusers/abandoners who are trying to "steal" their own child and who have no rights whatsoever.

And how many women could afford to hire an attorney? Can't imagine too many lawyers being willing to work pro bono to enforce an open adoption agreement.

bjrodgerz

Open adoption is not legally enforced. Most people do not know this. After the papers are legal and bidding the adoptive parents are completely in charge and can reject, change the agreement at anytime

Serenity71

In the case of adoption I haven't heard of any open adoptions being made enforcable. If thats the case then a mother is better to chose permenant foster care rather adoption as its enforcable in fostering. Except in cases of abuse and violence. (Aust, law, not sure about US.)

Mostly its an honour system. Maybe more relinquishing parents should be told this before hand so they can decide if thats what they really want to risk it being closed.

Local Aust- We have a post adoptions case worker assigned to our files in post adoptions, she calls every once in a while to see how things are going, and to see if we need any help arranging visits, or if there are any issues that need to be addressed. (They do back off over time if all is going well, but at least we're not left alone to soon after the adoption order goes through) We still have athrid party there for some things. I see a benefit in that because I don't want misunderstandings that can be cleared up early on to mar my kids chance of a future relationship if they so chose one day.

I understand why some people want to make it enforcable... but maybe more needs to be done on the emotional side including adoptive parents. Dismissing an adoptive parents fears (rolling eyes and just saying they're insecure is a sure way to close doors,) and it is just as harmful as dismissing an adoptee and birth mothers fears and feelings. Counselling and talking through emotions that the adoptive parents may feel in the early stages after a child is placed is vital. A lot of the time they aren't prepared for the rush of emotions that happen and no amount of theory can prepare you for it.

I know I wasn't in some ways and had to work hard to keep my head in the right place at the beginning. I'm honest about that because to say I felt all peachy towards it at first is denial, and helps no one. I know they had fears too, but they had a social worker to help them through it, even now its counselling is available to them if they need it. (Lucky I did work through it, but we had a social worker who at times listened, at other times needed more training.)

My main concern with enforcable open adoptions is that this isn't joint custody, and a child when they are old enough should have a say in how much they want in all of this. At least if its been open once it can be opened up again. Hope is still there for the kids to know their biological parents.

39 Weeks Pregnant!

Every state has different adoption laws.
Here in Colorado, you may decide on an open adoption, but in the court's eyes an adoption is an adoption, no difference between closed, open, semi open etc. It's an agreement between the BP's and the AP's

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