In
a semi-open adoption it is also a good idea to set up a method to share
important information (such as medical information) that may come up in the
future. Exchange of information through the adoptive parents’ counsel, the
adoption agency or direct contact are common arrangements.
True open adoption includes all elements of a semi-open
adoption plus a true continuing relationship between the birth parents and
adoptive parents and the birth parents and the adopted child. This relationship
usually consists at least an annual visit between all parties and sometimes
considerably more. The child grows up knowing who the birth parents are and that
they are his or her birth parents. The birth parents’ relationship to the family
can be similar to that of a child’s aunt or uncle or family friends. Open
adoption is not co-parenting. All parenting duties, decision, responsibilities
and privileges rest solely with the adoptive parents. Successful open adoptions
require a strong commitment to the relationship by all parties, good
communication, good boundary setting and constant attention to the child’s
needs.
Open adoption is becoming increasingly common in newborn adoptions in Tennessee
and nationwide.
The use of open adoption in step parent and relative
adoption is not new. Having a written agreement and child centered attention to
the relationship may be new. Certainly access to resources like books and
psychological research on the subject and professionals trained in the area is
new. In cases where clients are struggling with issues around open adoption the
existence of these resources should be brought to their attention.
Open adoption is also available to facilitate settlement in contested
termination actions of all kinds including for children in foster care. It is
tricky to have a constructive relationship with a former adversary but committed
parents and birth parents have made it work.
However, in Tennessee it is important that all parties
understand that open adoption agreements are not legally enforceable agreements.
It is a moral agreement only. An adoption decree cannot be conditional.
The practice of “open adoptions” is recognized by the Tennessee code, however it
clearly states that all such agreements are in the sole discretion of the
adoptive parents and that such agreements create no enforceable rights.
It
is a good idea to evidence the post placement contact agreement in writing.
Initially both parties tend to be vague about what they have in mind. Over time,
the exact nature and frequency of contact is a common area of misunderstanding.
The specific intervals of contact and the type of contact should be set out, as
should the expectation of all parties that the agreement is not legally
enforceable (in Tennessee).
My post post placement contact form in
Tennessee says that the agreement is a moral one and is not legally enforceable
and the contact is not a condition of the consent. This language has several
benefits. It evidences that the birth parent was informed before the consent was
signed of the extra-legal nature of the document. A writing also encourages
compliance by serving as evidence of the original agreement that can be shared
by either party with the adopted person when they are older.
Note: Some states do have a
process to enforce post placement contact agreements.
Reprinted from Coppock on Tennessee Adoption Law With Forms & Statues, 4th Edition. Lexis Nexis Publishers 2003.
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