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Many times couples who cannot conceive are left with only the choice of adoption to have children. When considering adoption, adoptive parents have the option of different kinds of adoption. Open adoption is one such option. Many times people are unaware of the advantages and disadvantages of open adoptions and its legal implications giving rise to a number of legal questions. Given below are answers to some of the most commonly asked questions about open adoptions: What does one mean by open adoption?
The main difference between an open adoption and a semi open adoption is that the adopted child may have the opportunity to keep a one on one relationship with its biological parents. The adoptive parents are not required to provide the birth parents any legal rights to the adopted child. Open adoption requires a direct contact in the form of phone calls, visits and letters between the adopted child, its adoptive parents and birth parents. Is it possible to reverse an adoption if one was promised an open adoption but the adopting mom later did not keep her word?
The legal action that one may take will depend on whether the open adoption was filed in court or was in its final stages. The laws of each state in the US can also have an impact on the decision of the court in such situations. The individual may be able to appeal for a contempt judgment if the adoption is still open. Are open adoption contracts enforced in any states of the US?
Most states of the US may not enforce an open adoption contract. The adoptive parents may have the right to determine who the child will see and visit once the birth parent’s civil rights are terminated. The contract in most situations is binding between the parties involved and may not be linked to the law. Is there a way for the mother to get her children back after she puts them up for open adoption?
If the court had ordered the adoption, the mother will have to try to re adopt her children if she wants back her parental rights. The adoptive parents will be required to give up the children’s guardianship. Hence, the same process will have to be repeated by both parties if the biological mother wants her children back. An open adoption was granted and the adoptive parents have stopped the siblings from visiting the child. What can one do in such a situation?
It may be contempt of court if the visitation rights were granted by the court and the adoptive parents prohibit the sibling from visiting the child. The sibling or the biological parent will have to file a motion for contempt if they want back the visitation rights. The adoptive parents can either face jail time or fines and court costs if they are held responsible. Open adoption can involve a lot of legal issues that lead to a number of questions, unique to one's circumstances. One may ask a family lawyer if one has any questions about the legal aspects of open adoption.
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