Florida recognizes open and closed adoptions. To learn more about the process, reach out to our Florida adoption lawyers today. Here’s what you need to know.
What is the difference between open adoptions and closed adoptions?
Open adoptions allow parents to freely exchange information. They know each other’s identities and may communicate as they choose. Closed adoptions are facilitated through a third party without sharing personal contact details.
Understanding Adoption in Florida
Florida law allows for both open and closed adoptions. Both the adoptive and placing parents have the right to choose the type of adoption they want. When a child is voluntarily placed for adoption, those involved must agree on the type of adoption and communication that may occur once the adoption is complete.
What Is an Open Adoption?
An open adoption is an adoption with some communication and information sharing between parents. The amount of communication and contact may vary. It can be anything from knowing the names of those involved to regular visits and communication with the child. The parties are free to customize their agreement.
Examples of communication in an open adoption
Open adoption is not one-size-fits-all. There are various ways communication may work in open adoption.
- An annual, semi-annual, or quarterly letter and photograph from the adoptive parents to the birth parent
- Birth parents send birthday and other holiday gifts
- Phone calls or video communications
- In-person visits
- Letters exchanged between placing parent and child
- Updates about milestones in the child’s life
What Is a Closed Adoption?
A closed adoption is an adoption without information sharing between parents. The parents will not know each other’s identities, and there will not be communication after the adoption is complete.
Key Differences Between Open and Closed Adoptions in Florida
| Factor | Open Adoption | Closed Adoption |
| Birth Parent Contact | Allowed (letters, visits, etc.) | No contact after finalization |
| Access to Records | Some information may be shared | Sealed records, limited access |
| Emotional Impact | More ongoing relationships | Greater privacy but potential unknowns |
Pros and Cons of Open and Closed Adoptions
- Open adoption allows for information sharing, including medical information and family history.
- Closed adoption gives everyone privacy and the ability to move forward.
- As the child grows, identities may not be kept secret. With DNA testing, social media, and reunion registries, the child may easily find their birth parent when they reach adulthood.
- Open adoption is difficult to enforce. The courts are hesitant to enforce agreements; however, the courts sometimes order sibling contact in foster care adoptions.
- Closed adoption may be best when there are circumstances where communication with the placing parent is not in the best interest of the child.
Even when an adoption is closed, the placing parent can still review information about the adoptive parents and choose characteristics that are most important to them in an adoptive family.
Florida Adoption Laws: Open vs. Closed Adoptions
Florida does allow parties to create agreements for continued contact after adoption. However, enforcement is limited. There must be trust between those involved to follow the agreement.
Sealed adoption records are kept by the State of Florida. When the child is over 18, they may ask for a court order to release the record, explaining why they believe it is necessary. Florida has the Florida Adoption Reunion Registry (FARR), where those involved can consent to the release of information.
How To Decide Between Open and Closed Adoption in Florida
There is no “right” answer when it comes to deciding between open and closed adoption in Florida. That’s why Florida allows both types. It’s important to consider the entire situation and what may be best for children and parents going forward.
Most people choose open adoption, but that doesn’t mean it’s best in every situation.
Open adoption can be customized. It can be as little as an annual letter and photograph, or it can be direct communication between the birth parent and child.
Changing an Adoption Agreement in Florida
Can an open adoption become closed?
It’s difficult for an open adoption to become closed. Once information is known, it’s hard to forget. However, the nature of communication may change. As time passes, it may be appropriate to stop communication for a variety of reasons, increase it, or change the type of communication and how it is facilitated.
Can a closed adoption be opened later?
A closed adoption can be opened later if everyone consents. Parents can use the Florida Adoption Reunion Registry. If everyone registers, FARR facilitates communication. In addition, you may seek a court order to unseal records, but there must be good cause.
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