Most adoptions nowadays are open adoptions — but many people are still confused about the definition of open adoption. A simple open adoption definition could be this: an adoption in which the birth parent(s) have continuing contact with the child.
Continuing contact
There are no specific legal definitions of or laws about the contact biological parents may have with the child. The adoptive family might send photos or letters to the birth mom. The birth parents might be considered members of the adoptive family, with their extended families included, too. Most open adoptions fall somewhere between these two extremes. But each open adoption is different.
In a closed adoption, the birth parents may choose to be anonymous. They may not want the child to know their names or any information about them, and they may want no contact with the adoptive parents. This is a legal option in Arkansas. The birth parents may receive information about the adoptive parents, and they may choose to share some information — such as their medical history — with the adoptive family, or they may not want to do so.
In an open adoption, the birth parents usually meet the adoptive parents, and they may do so before the baby is born. They work out an open adoption plan, which is a legal document setting out an agreement about the amount and kind of contact the family prefers. Knowing the plans ahead of time makes it easier for everyone going forward.
Is an open adoption permanent?
An open adoption is permanent. The biological parents cannot change their minds or take the child back after the adoption is finalized. The adoptive parents become the legal parents, and the birth parents’ parental rights are terminated. There is no possibility for shared custody or temporary guardianship. This is a permanent adoption, just like a closed adoption.
Advantages of open adoption
For the adoptive parents, an open adoption can provide more information about their new child. The relationship with the expectant mom or the birth parents can be a very satisfying and fulfilling one. They can express their gratitude and admiration to her directly, and feel confident about her future.
For the birth parents, open adoption can make relinquishing the child less difficult. Even though she knows that the decision to allow her child to be adopted is a brave one and the right choice, there can be emotional challenges for women who make this decision. Continuing contact can make the experience less stressful, since she knows that the child is healthy and happy.
For the child, and open adoption can provide answers to questions that come up as he or she gets older. Open adoption can provide a positive experience, showing them that their birth parents care about them and their well-being. An open adoption can even provide them with additional family members, from grandparents to cousins.
If you are considering adoption, Heimer Law would like to help you. Our experience and expertise make your adoption journey smoother.
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