Legal Definitions - open adoption

Open adoption describes an arrangement where, after an adoption is legally finalized, the biological parents maintain some form of contact with their child and the adoptive family. This differs significantly from a "closed adoption," where no contact or identifying information is shared between the families.

The level of contact in an open adoption can vary widely:

• Fully open adoptions involve direct communication and interaction between the biological parents and the adoptive family. All parties typically know each other's identities, and there might be regular visits, phone calls, or emails.
• Semi-open adoptions involve contact facilitated by a third party, such as an adoption agency or attorney. This allows for the exchange of letters, photos, or updates without direct personal interaction, maintaining a degree of privacy or anonymity for one or both sets of parents.

It is crucial to understand that even in an open adoption, once the adoption is legally finalized, the biological parents' legal rights are completely terminated. The adoptive parents assume all legal rights and responsibilities for the child. The contact arrangement is a voluntary agreement between the families, not a continuation of legal parental rights for the biological parents.

Here are some examples of how open adoption might work:

• The Annual Picnic: A couple adopts a baby, and the birth mother expresses a desire to see the child grow up and know they are doing well. They agree to a fully open adoption where the birth mother attends an annual family picnic, exchanges holiday cards, and receives occasional photo updates directly from the adoptive parents.

  This illustrates a fully open adoption because there is direct, ongoing contact and communication between the birth mother and the adoptive family, including the child, after the adoption is finalized. The birth mother knows the adoptive family's identity, and they communicate without a mediator.

• Letters Through the Agency: A young man places his child for adoption. He prefers not to have direct contact with the adoptive family but wishes to send a letter and a small gift each year on the child's birthday, and in return, receive an update and photos. The adoption agency facilitates this exchange, ensuring neither party has the other's direct contact information.

  This is an example of a semi-open adoption. The biological father maintains contact and receives updates about his child, but the communication is indirect, managed by the adoption agency. This arrangement allows for privacy and a degree of anonymity while still fostering a connection.

• Evolving Connection: When a child was adopted at birth, the agreement was for a semi-open adoption, with the birth parents receiving quarterly updates and photos through the adoption attorney. As the child entered their teenage years and expressed curiosity about their biological heritage, the adoptive parents and birth parents mutually agreed to transition to occasional video calls and, eventually, a few direct meetings.

  This demonstrates how an open adoption arrangement can evolve over time, moving from a more private, mediated contact to a more direct form of communication. Despite the increased contact, the legal finality of the adoption remains, with the adoptive parents holding all legal rights.