When it comes to adoption, parents have choices. Those involved decide how much information to share and how much contact the parents placing the child will have after the adoption is complete. Today, most adoptions are open, but you may choose what is right for you and your child.
Gulf Coast Adoptions explains open versus closed adoption in Florida.
Defining Open and Closed Adoptions
What is an open adoption?
An open adoption is one where parents share at least some personally identifying information.
The amount of contact before and after the adoption varies according to the preferences of those involved. Some exchange a name, place of birth, and detailed family history, while other open adoptions allow for updates and even visits as the child grows.
Open adoption may mean:
- Knowing the identity of placing and adopting parents.
- Sharing detailed personal, medical, and social history beyond what is legally required.
- Adopting parents send periodic updates about the child.
- A placing parent sending gifts to the child.
- Phone or video calls.
- Visits.
- Contact that is direct or indirect.
What is a closed adoption?
A closed adoption is the placement of a child without the placing or adoptive parents knowing each other’s identities. A third party facilitates the exchange of information to finalize the adoption. Neither party has to make their identity known in the future, allowing for complete privacy of placing and adoptive parents.
Legal Implications of Open vs. Closed Adoption
The Florida adoption law never uses the words open adoption or closed adoption. The legal implication of any adoption, open or closed, is to give full parental rights to the adopting parents.
About half of U.S. states allow placing parents and adoptive parents to create a post-adoption contract that is legally enforceable. Florida is not one of them. Florida courts do not enforce co-parenting agreements with people who are not currently legal parents. See Springer v. Springer, 277 So. 3d 727 (Fla. Dist. Ct. App. 2019).
Pros and Cons of Open Adoption
Pros of open adoption
- Adoptive parents have access to a wider range of birth parents who want an open adoption.
- Those involved can openly discuss an adoption plan to see if they are a good match.
- Adopting parents can contact birth parents with questions regarding medical and social history.
- The child can know their birth family history.
- A growing body of research suggests that open adoption is beneficial for adoptees.
Cons of open adoption
- Even if adopting parents agree to allow some contact, they aren’t legally obligated.
- Once information is shared, the parties can’t change their minds.
- Some say it places the child in a confusing position with parental roles.
Most birth parents prefer open adoption. Those involved can discuss expectations so that everyone involved understands how much contact is expected.
Pros and Cons of Closed Adoption
Pros of closed adoption
- Some birth parents and adoptive parents are looking for a closed adoption. These people can connect with shared goals for the child.
- Closed adoption allows for privacy for the child, the adoptive parents, and the birth parents.
- Contact with the child is not something that needs to be discussed or negotiated with the birth parent in the future.
- The child may be protected if the extended birth family is unstable or there are family members with significant criminal history.
- A birth parent may prefer the finality of a closed adoption.
Cons of closed adoption
- Parents may lack medical information that could benefit the child.
- The adoptee may have questions about their family history.
- With DNA testing, a child may access their biological history quite easily in adulthood.
- Many placing parents are not interested in a closed adoption.
Even with a closed adoption, birth parents and adoptees can still connect in later years. Florida keeps a registry of adoption information. Parents placing a child for adoption may put identifying information in the registry, but it is not required. The adoptee, those involved in the adoption, and family members can access this information. A person who has entered information can withdraw it or limit its release.
Choosing the Best Path for Your Adoption Journey
The best path for your adoption journey depends on your situation and your goals. When it comes to open versus closed adoption, there isn’t a right answer. An experienced Pensacola adoption lawyer can help.
Contact an Experienced Pensacola Adoption Lawyer
You can work with an experienced Pensacola Adoption lawyer at Gulf Coast Adoptions. We can help you consider open versus closed adoptions in Florida.
We invite you to contact us.