An open adoption provides for some form of ongoing contact between a child and his/her biological parents after an adoption has been granted by the Probate Court or Juvenile Court.
In Connecticut, open adoption agreements may be governed by Connecticut General Statutes Section 17a-112 or may be based on strict contract principles – referred to as a Common Law Open Adoption Agreement.
Reasons to sign an Open Adoption Agreement:
1. Allows the child the opportunity to maintain biological, family ties;
2. Provides the child with love and support from a larger and “extended” number of adults;
3. May be positive for the child psychologically in that it eliminates the need for the child to search for his/her biological family; and
4. Avoids the uncertainty of Termination of Parental Rights litigation.
Potential disadvantages of an Open Adoption Agreement:
1. Unfulfilled promises by the biological parents (i.e. missing a visit, not sending a gift) may cause disappointment to the child;
2. Unclear expectations or a poorly drafted Agreement may result in significant disagreements between the adoptive parents and the biological parents concerning rights and responsibilities; and
3. Potential confusion (especially in younger children) surrounding the identities and roles of the multiple adult family members.
A well-drafted Open Adoption Agreement can be beneficial to the child. However, it is extremely important to reflect carefully on the advantages and disadvantages before entering into such an Agreement.
Please contact me to Connecticut Open Adoption Agreements.