Legally binding OA agreements--which states and details?

You are probably referring to my answer to a prior thread. I was actually wrong, it is probably closer to 26 states that have some kind of enforceable open adoption agreements.Although they may be enforceable - you should note that the ability to enforce an OA agreement is not the same as the right to challenge an adoption. In Massachusetts, for example, you can file in court to enforce an agreement. The Judge has three options: (1) enforce the specific terms of the OA agreement; (2) reduce the obligations of the adoptive parents; and (3) nullify the OA agreement. The Judge can never expand the obligations of the adoptive parents, expand the rights of the birth parents or reverse the adoption itself. Once the adoption is final - it is final.

I found a site earlier that had all the states listed but can't find it now. However, I did find this on a US government site: I don't really know how enforceable they truly are and if anyone *breaks* the contract whether there will be any penalties of any kind. I have also heard of co-respondents signing the contract but there being a loophole that makes it non-enforceable.

Yes, I was. I'm trying very hard to adhere to the new rules, but perhaps I'm trying too hard. Thanks for the link, ca! Looking through the document, it appears that any OA agreement may be nullified for any reason that can possibly be construed as "in the best interest of the child." Given the general social attitudes, I would be surprised--happily--if any firstfamily were to succeed in having contact restored under those agreements. It may have happened, I'm not sure. I did notice that unlike many custody agreements I've seen, there's no requirement that APs remain in a specified geographical area in order for contact to remain viable. Thanks again for the link.

Delaware is interesting. They specifically state that OA agreements are NOT legally enforcable.

In some states - perhaps all states? that have legally binding open adoption agreements, the open adoption agreement must be filed with the petition to adopt. The problem that may happen is that the petition to adopt does not include the agreement and is processed as a closed adoption. The mother would not be party to the petition to adopt nor receive notice of the filing because she has already terminated her parental rights so receives no notice. Once the petition is approved there is no recourse. Not saying that always happens but the potential is always there if the open adoption agreement must be filed with the petition to adopt to become a valid legally bound open adoption. Kind regards,Dickons

That should be very rare. Typically the same court processes both the reliquishment or TPR and the adoption. The cases should be linked in the Court system. Both the agency sponsoring the adoption and the adoptive parents are obligated to disclose any prior court involvement and any OA agreements.

C.A., Not saying it happens all the time - saying it may and noting the reason why the mother would not know. Not all agencies are equal. Not all adoptions are agency adoptions. Not all lawyers, faciliators etc are always completely ethical. I have never seen a termination of parental rights document that includes the statement of open adoption. I have seen a conditional termination naming the adoptive parents and if they don't adopt then the termination is void. Have you seen one that is conditional on the adoption being open? It is in the mothers best interests to know the potential issues and protect herself accordingly. Kind regards,Dickons

The link does highlight the MA law fairly well. To add more details, my legally enforceable OA has tons of clauses built in. If BM breaks a clause (shows up impaired, brings an unapproved guest, says inappropriate things, etc, etc). I have a right to either end the visit or negate the contract (based on the particular action or history of actions). i do not need to go to court to negate the contract, I can just stop implementing it If BM disagrees with my decision, she can petition the court. She does not get a free attorney and the ruling is in our favor, she needs to pay all court costs AND my lawyer fees. This is no minor requirement. Like many people who lose their children to the foster care system, court costs and legal fees are beyond T's budget. If, on the other hand, I become aware of a life change and wish to cease contact because of that (she ends up in jail; or married to an abuser, etc), I would need to petition the court, have a ruling. Should i win, I could amend the OA without waiting until she voids the contract.

The link does highlight the MA law fairly well.:thanks:

I looked into the laws in my home state of California when I thought I might have to agree to an open adoption to get TPR on my son (Fortunately, it didn't come to that). The law here in California is pretty much the same as described by "c.a.". It is really stacked in favor of the adoptive parents. I've also been told that it is fairly easy for adoptive parents to have the agreement voided based on "best interests of the child" and that if it does go to court, neither side is entitled to a free court appointed attorney. This can pose a real barrier to birth parents who oftentimes don't have much money.