Open Adoption Agreement

Open Adoption Agreements are legally binding in CA now. Are you going through an agency or a lawyer? You need to talk to a lawyer to make sure that it is all safely dotted. PM me if you need more info.

Amen to that!

Thanks for your replies. I am going through an agency (LDS Family Services). Can I still have a lawyer? Would I pay for it or are they supposed to provide that for you? I agree with you guys that all states should have a legally binding, open adoption agreement. I think it could only do a lot of good for the adoption world. It would make it seem a little less scary, and maybe girls would be able to trust it more.

Just make sure that you get the kind of open adoption you want. Really spell out visits. While LDS is getting better, they are still not 100% behind open adoption. Make sure it is all in writing and part of the court record. It would help to have a lawyer make sure that it is all done the right way.

lcm618, here's a link that might be of interest to you: [url]http://library.adoption.com/Laws-Legal-Issues/Open-Adoption-Given-Legitimate-Standing-in-California/article/2563/2.html[/url] I would also recommend doing an internet search on the terms: "Open adoption", "Legally binding", and "California". I tried this, and the search yielded a wealth of information, far more than I have time to sift through... but, considering this is your deal, not mine, I'm sure you'll have time to sift through it. ;) Best wishes, ~ Sharon

Hi, In the state where i live there is a thing called a contact agreement and you and the adoptive parents come up with an agreement about how often you see the baby and pictures. So ask about that and you go to court to make it legal and so that we you will always be able to see your baby!! That is what i have with the people who adpted my son!;)

I know that in oregon there is a law on adoption agreement but be very careful make sure it says what you want before you sign it and they told me as you cant get the baby back if they dont but you can take steps to keep the agreement as long as it doesnt hurt the child emotinaly or other wise

I often work with Agencies when a bmom would like a consultation with a lawyer. You absolutley CAN have one and I would be seriously surprised if you were asked to pay for it. I would suggest that you politely explain to the agency your specific concerns about making sure your open adoption agreement is what you want and then stick to your guns on your request. It won't cost them (or the aparents) very much in relation to the whole adoption and it will provide you with a lot of confidence. Good Luck! -Scott

All agencies are not trusting, that is what I think. I would recommend a lawyer. I am in California and I used an agancy and a lawyer. Let me know if you would like his name. As for the gency I used, I wouldn't recommend them.

You absolutely can and should have your own legal representation, this is not an unusual practice in domestic parental placement adoption. In almost every case, paparents can and do pay for your legal representation, though this in no way should 'bias' your attorney as they are representing you. I'd suggest getting in touch with the American Academy of Adoption Attorneys (Google it), they keep their member list online. Contact at least three members in your local area and ask for services, legality of open adoption agreements, etc. Open Adoptions are very much about trust and commitment on both parts. In addition to seeking this agreement, please continue working with this family to build a relationship. Yes, there are stories of where aparents break their word. There are also stories of where bparents do (they disappear, break contact, etc.), though less of that is publicized. One of the agreements we made with Ryan's bfamily was that they would take him home from the hospital and keep him for 2 nights. We actually all drove home in our rental car, then DH & I left for the evening. The next morning they called and said "OK you can come get him now." When we reminded them of the 2 day agreement, they said yes, now they knew they could trust us that we would keep our word and that they were all tired now and wanted us to lose sleep instead. We continue 21 months later to have a strong open relationship as we all watch our son grow into a little man. HTH Regina, AMom to Ryan Joshua Thomas