Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Is there open adoption

Is there open adoption in the state of wisconsin?

Answer Question
 
geiken27

Asked by geiken27 at 11:38 PM on Jan. 27, 2009 in Adoption

Level 1 (0 Credits)
Answers (16)
  • yes
    VanessaV

    Answer by VanessaV at 12:38 AM on Jan. 28, 2009

  • However, it is not legally enforcable in WI
    VanessaV

    Answer by VanessaV at 12:39 AM on Jan. 28, 2009

  • its not legally enforeable anywhere is it? its not a legal thing. its a verbal agreement that the adoptive parents can withdraw on at anytime.
    Anonymous

    Answer by Anonymous at 12:51 AM on Jan. 28, 2009

  • I didnt think open adoptions we're "legal" either, until i did some research. In our state of Minnesota, you can petition the courts for a legally open adoption. Here is a bit of what I've found on the State of Minnesota website:

    An agreement regarding communication with or contact between minor adoptees, adoptive parents, and a birth relative is not legally enforceable unless the terms of the agreement are contained in a written court order entered in accordance with this section.

    You can read more about it here: https://www.revisor.leg.state.mn.us/statutes/?id=259.58&year=2008
    BobMariah

    Answer by BobMariah at 11:50 AM on Jan. 28, 2009

  • Yes it is. My adoption was in MN. I did not choose to go with one that is legally enforcable though. My friend did however. Her adoption is also in MN. There are a couple of other states that have that as well.
    VanessaV

    Answer by VanessaV at 12:36 PM on Jan. 28, 2009

  • You can have an open adoption in any state. I have heard some people say that their state claims it is illegal, but they're full of it. The open adoption agreements are not even legally binding contracts, so how can they be "illegal" at all?

    Yes, you can get an open adoption. But once the adoption is finalized, it is up to the adoptive parents to unhold their promise or agreement. They can back out at any time and give you no reason. The open-ness will vary from individual to individual. For some it means just updates and pictures once or twice a year, for others it means scheduled visitations between the child and their first parent(s), and for a small few, it means merely picking the adoptive parents.
    randi1978

    Answer by randi1978 at 4:21 PM on Jan. 28, 2009

  • continued:
    Just remember, once the adoption is finalized, you will have no rights to see the child or even know of their progress contract or no contract. There are many adoptive parents who honor their agreements and have been doing so for years. And sadly, there are some who decide that you're a burden or inconvenience and cut you off after a few years and then there are the ones who will promise open-ness just to get their hands on a baby and then slam the door in your face once the ink is dry. Luckilly, those types are fewer and fewer and number as time goes on. But be prepared, because if that ever happens, there is nothing legally you can do to force the updates or visits.

    randi1978

    Answer by randi1978 at 4:25 PM on Jan. 28, 2009

  • Open adoptions agreements are legal and enforceable in a few states. That means even after finalization, you are bond to hold up your end of the agreement.
    luckyshamrock

    Answer by luckyshamrock at 8:39 PM on Jan. 28, 2009

  • Technically no. They are not legally binding because no court upholds the contract unless the children are older foster adopts and the contact is usually between extended family and not the biological parents.
    Anonymous

    Answer by Anonymous at 8:47 PM on Jan. 28, 2009

  • Randi:
    Yes there are legally binding documents in some states. As I mentioned earlier, the state that I was in at the time of the adoption (MN) had legally binding open adoptions. Not all of the adoptions were legally binding (such as mine). I had the choice to have a contract drawn up for that. But, I choose not too because I was not concerned about my adoption being closed by the aparents. If they choose to close it, I would be SOL because I did not choose to do that contract. Luckily that has not happened. My friend (also in MN) did however choose to have a legaly binding contract drawn up to make sure her adoption stayed open. In her agreement (which is legally enforceable), it stated how many visits a year and how many pictures she would receive, and until what time. If the aparents went back on that, my friend can take them to court because they breached the contract (this includes after finalization also).
    VanessaV

    Answer by VanessaV at 10:34 PM on Jan. 28, 2009

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.