When birth parents choose adoption, they also decide what type of adoption they prefer. The majority of adoptions occuring today include some level of openness. Often birth parents want to know what defines an open adoption, how an open adoption works, and if it can be enforced.
An Open Adoption
In an open adoption, the birth parent and the adoptive family typically meet each other either before the birth of the child or at the hospital after the birth of the child. The birth parent and adoptive family also share personal, identifying information with each other. There are many different levels of openness and frequency of contact in this type of adoption, and it is important that both parties agree to the same level of openness and frequency of ongoing contact. One defining factor of open adoption is that the option of visits is present. It is highly recommended that an adoption attorney or agency assists in facilitating this type of agreement between the parties, and that each party understands their rights and what type of contact can and cannot be legally enforced.
The Cost of An Open Adoption
There is no cost to birth parents for placing a child for adoption, whether it is open or closed. Traditionally, the adoption attorney or agency who handles the case will monitor and dispense funds to the expectant mother according to state law. In many states, prospective adoptive parents are allowed to pay for the expectant mother’s following expenses:
- Medical bills
- Rent, utilities, and transportation costs
- Maternity clothing
The family or individual who wishes to adopt the unborn child pays for these costs as allowed by state law governing the adoption. However, it is strongly discouraged that prospective adoptive parents provide funds directly to the expectant mother for a variety of reasons. And no funds may be given to an expectant mother outside the costs associated with living or pregnancy expenses, as it is illegal to be paid to place a child for adoption.
Adoption Plans
An adoption plan is a guide or document that details how birth parents want to proceed in their adoption process. This plan is usually laid out with the help of an attorney or agency. The plan serves as a kind of template that is referred to for the rest of the adoption process.
The Details of an Adoption Plan
An adoption plan may include what characteristics the birth parents are looking for in prospective adoptive parents, such as race, religion, the presence of siblings, if they live in-state or out of state, etc. An adoption plan will also include the birth mother’s desires for the hospital experience, such as:
- Who she would like in the delivery room
- If she would like to hold the baby post-birth
- If she would like the baby in the room with her during her hospital stay
- If she would like to name the baby on the birth certificate
The type and frequency of post-adoption contact desired with the adoptive parents and child will also be included in an adoption plan. While the adoption plan is undeniably important, it is not a binding document. The birth parents may make changes to the plan at any time, including during the delivery of the baby itself.
Post-Adoption Contact Agreement
This part of the adoption plan details all aspects of post-adoption contact between the birth parents and adoptive family. Sometimes post-adoption contact agreements are just verbal and sometimes they are written agreements. In a written post-adoption contact agreement, the frequency of adoptive parents providing pictures and updates to the birth parents is outlined as well as how those pictures and updates will be provided. If visits have been agreed to by both parties, the frequency and details of visits will also be described.
It is important for birth parents to understand that they have no legal rights to the child once their parental rights have been terminated by a court. However, some states do allow enforcement of written post-adoption contact agreements; therefore, it is important for birth parents and adoptive parents to understand the legal aspects of a post-adoption contact agreement before signing one.
Need Additional Information About Open Adoption?
Open adoption can be incredibly rewarding for all parties involved in an adoption, including the child. Adoption attorneys can provide additional insight and legal guidance pertaining to your specific situation. For more information, contact Tammi Driver at 727-800-6681 or by email.
Frequently Asked Questions About Open Adoption for Birth Parents in Florida
What is an open adoption in Florida?
An open adoption is an adoption in which the birth parents and adoptive family have some level of ongoing communication or contact. The amount of openness varies by family and may include sharing identifying information, photographs and updates, phone or video calls, social media communication, or in-person visits.
Can I choose how open I want my adoption to be?
Yes. When creating an adoption plan, a birth parent can discuss the type and frequency of contact they would like after placement. Prospective adoptive parents can also discuss their expectations so everyone can determine whether they are comfortable with the proposed relationship.
Can I choose an adoptive family that wants an open adoption?
Yes. If ongoing contact is important to you, you can consider prospective adoptive families who are comfortable with the level of openness you want. Discussing expectations before selecting a family can help determine whether you are a good match.
Can I meet the adoptive parents before my baby is born?
Yes. In many private adoptions, a birth mother can communicate with or meet prospective adoptive parents before the baby’s birth. This can give you an opportunity to learn more about them, ask questions, and determine whether you feel comfortable choosing them to parent your child.
Can I visit my child after an open adoption?
An open adoption can include in-person visits if the birth parents and adoptive family agree to them. The frequency and circumstances of visits should be discussed before placement so both sides understand what type of relationship is expected after the adoption.
What kind of contact can I have after an open adoption?
Contact can vary considerably. Some birth parents receive photographs and written updates, while others communicate through texts, phone calls, video calls, social media, or in-person visits. The appropriate arrangement depends on what the birth parents and adoptive family agree upon.
Can grandparents or other birth family members be included in an open adoption?
Potentially, yes. An adoption plan can include discussions about relationships with grandparents, siblings, or other members of the child’s birth family. Whether and how those relationships continue after adoption should be discussed with the prospective adoptive family.
Is an open adoption the same as co-parenting?
No. Open adoption does not mean that the birth parents and adoptive parents share legal custody or jointly make parenting decisions. Once the adoption is finalized, the adoptive parents are the child’s legal parents and have the legal authority and responsibilities associated with parenthood.
Do I still have parental rights in an open adoption?
No. Openness does not preserve the birth parents’ legal parental rights after those rights have been terminated and the adoption has been finalized. Open adoption concerns the relationship and contact between the birth family, adoptive family, and child rather than shared legal parenthood.
Can the amount of contact in an open adoption change over time?
Yes. Relationships and circumstances can change as a child grows. Birth parents and adoptive parents may find that the type or frequency of contact evolves over time. Clear communication about expectations can help families navigate those changes.
Are open adoption agreements legally enforceable in Florida?
The legal effect and enforceability of post-adoption contact arrangements can depend on Florida law and the circumstances of the adoption. Birth parents and adoptive parents should speak with a Florida adoption attorney before relying on a contact agreement so they understand what legal effect the agreement may have.
What happens if the adoptive parents stop communicating with me?
What options are available can depend on the circumstances and any agreement that was made regarding post-adoption contact. A birth parent who is concerned that an agreed-upon level of contact is not being followed should speak with a Florida adoption attorney about the specific situation.
Does an open adoption cost the birth mother anything?
There is generally no fee charged to a birth mother simply because she chooses an open rather than closed adoption. Florida law also permits certain reasonable pregnancy-related expenses to be provided in connection with an adoption when the legal requirements are satisfied.
Can I change my mind about how much contact I want before the adoption?
You can discuss changes to your adoption plan and contact preferences with your adoption professional and prospective adoptive family. It is particularly important to communicate changes before placement so everyone understands the expectations for the relationship after adoption.
Should an open adoption agreement be in writing?
Putting expectations in writing can help birth parents and adoptive parents clearly understand what has been discussed regarding photographs, updates, communication, and visits. However, the legal effect of a written agreement is a separate issue, so the parties should discuss it with a Florida adoption attorney.