I came across this link regarding OA agreements. One thing that I see in this article is that the agreement has to be "filed with the courts". Isn't this the very same thing that the birth mother that is suing AP's in California trying to overturn the adoption of her daughter, Peri (now 6 y/o), was/is trying to enforce? Carla Moquin of www.bringperihome.com? And wasn't that agreement to have been filed by the adoptive parents who chose not to do that?
Are there really legally enforceable contracts now in the last couple of years? Does anyone know?
Answer by BlooBird at 1:52 AM on Apr. 13, 2010
Interesting link. I've been involved with adoption agencies, issues,classes, and groups, and I have never heard any say that it can be enforceable. Thanks for the link.
Answer by BlooBird at 1:56 AM on Apr. 13, 2010
Answer by Anonymous at 9:28 AM on Apr. 13, 2010
Answer by doodlebopfan at 11:10 AM on Apr. 13, 2010
Answer by doodlebopfan at 11:20 AM on Apr. 13, 2010
(con't) EDIT: I do agree that relationships should have flexibility & that "structured visits or contracts" shouldn't have to be mandated. (Ran out of room.) Again, my posts are about "TRUTH" vs. "PERCEPTION". I would say that both posts will get a variety of answers from one end of the spectrum to the other. But it is hard to talk about adoption issues without a clear understanding of adoption terninology and an understanding of laws that vary from state to state. I think as we discuss these matters, intelligibly, that anyone who is effected by adoption can stay up to date on laws that affect them. This includes first/birth moms, adoptive parents, and adoptees.
Answer by doodlebopfan at 11:41 AM on Apr. 13, 2010
I also know that because of the agencies "selling" the idea of a very open arrangement & then telling PAP's that it's unenforceable so "do what you want, the baby is yours now & the birth mom can't do anything about it", that it has caused at least one birth mother, Carla Moquin, to take this to as high a legal level as she can & there ARE changes on the horizon.
Who is the agency in 2010 that tells Aparents this????? I followed the Carla Moquin case and didnt see this in the court transcripts, do have inside information.
Answer by Anonymous at 11:46 AM on Apr. 13, 2010
In D.C. there are legally enforceable open adoption agreements. I am not sure about the consequences for not following but there is an article in Adoptive Families magazine that a lawyer wrote about how it is enforceable. The thing that does not happen is giving the child back if you are not compliant.
Answer by frogdawg at 12:15 PM on Apr. 13, 2010
Answer by Anonymous at 12:44 PM on Apr. 13, 2010
Answer by doodlebopfan at 3:40 PM on Apr. 13, 2010