If an open adoption agreement is a contract signed by the birth mother and the adoptive parents, I do not see why it would not be legally enforceable. I would think that the birth mother could file suit to enforce the contract.
For example, if the adoptive parents do not comply with their promises, why couldn't the birth mother file suit and ask a judge to enforce the contract and make the adoptive parents comply? People can sue for almost anything. Why not this?
Asked by Anonymous at 8:45 PM on Jun. 28, 2010 in Adoption
Answer by butterflyblue19 at 8:47 PM on Jun. 28, 2010
Answer by angevil53 at 8:49 PM on Jun. 28, 2010
Answer by matthewscandi at 8:50 PM on Jun. 28, 2010
Answer by LorisChar at 8:51 PM on Jun. 28, 2010
Answer by Iamgr8teful at 9:49 PM on Jun. 28, 2010
Answer by hollyanne31 at 10:49 PM on Jun. 28, 2010
Answer by onethentwins at 12:18 PM on Jun. 29, 2010
I was looking for info on legally enforceable open adoptions (there are none, but some states have been trying to enact laws that might give the birth mother an ability to enforce an agreement, of course, you still have to weigh how the "legal battle" will weigh on all involved and whether it would further strain an already strained relationship) but I found this informative link on "cooperative adoption". Going to re-post it for all.
Answer by doodlebopfan at 2:38 PM on Jun. 29, 2010
Answer by doodlebopfan at 2:42 PM on Jun. 29, 2010
"What issues are still unresolved?
Is it ethical to use promises of ongoing future contact with their children as an incentive for birth parents to relinquish parental rights?"
This was one of the many unresolved issues that were mentioned in the above link. Again, just trying to dispel wrong information. If you are considering adoption for your child, please research it thoroughly. I hope you find the answers you need.
Answer by doodlebopfan at 2:54 PM on Jun. 29, 2010
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I thought my son's birth certificate was sealed???