Open Adoption v Closed Adoption in Texas 

Prospective adoptive parents and biological parents have a significant decision to make regarding whether the adoption will be open or closed. Both open and closed adoption arrangements come with distinct advantages and challenges, and understanding these differences is crucial for anyone committing to this process.  

James P. Peterson Attorney at Law has experience helping families and individuals make informed decisions about adoption. James P. Peterson strives to help families through every step so the adoption abides by Texas laws, making for a smoother process. 

What Is an Open Adoption?

An open adoption is an arrangement in which there is ongoing communication between the biological parents and the adoptive parents. Depending on the agreement, this could mean anything from occasional updates and photos to regular phone calls and even in-person visits. Unlike a closed adoption, open adoptions allow the child to maintain some degree of connection with their biological family. 

Open adoptions are often favored by individuals who want to prioritize the child’s emotional well-being. By allowing the child to maintain a connection with their biological roots, many adoptive families find that open adoption can provide a sense of identity and belonging that contributes to the child’s development.  

For biological parents, it offers the reassurance of knowing how their child is doing and being able to witness them thrive in their new family. 

Enforceability of Open Adoption in Texas

Texas law does not formally mandate the terms of an open adoption, but the parties involved can create a mutually agreed-upon contract outlining the arrangement. These agreements, also known as post-adoption contact agreements (PACAs), are not legally enforceable once an adoption is finalized in Texas.  

This lack of legal enforceability means that, after the adoption is finalized, the adoptive parents have the ultimate authority to decide whether to honor the terms of the post-adoption contact agreement. While these agreements are created with the best intentions to preserve relationships and maintain transparency, they rely entirely on the goodwill and commitment of the adoptive parents.  

Biological families may face challenges if the adoptive parents choose to limit or terminate contact, as there is no legal recourse available to enforce these agreements. This can create uncertainty and emotional strain, particularly for biological parents who hope to remain involved in a meaningful way in their child’s life.  

However, open communication and a strong foundation of trust between both parties can help ensure the spirit of the agreement is upheld even without legal backing. Many families find that these informal agreements provide a helpful framework for maintaining healthy relationships over time. 

What Is a Closed Adoption?

A closed adoption, on the other hand, is one in which there is no contact between the biological parents and the adoptive family after the adoption is finalized. Records are sealed, and identifying information about the biological and adoptive families is kept confidential.  

The child will be raised entirely under the care of their adoptive parents, with no ongoing communication or relationship with their biological family. 

Closed adoptions are often chosen by biological parents who wish to remain anonymous or feel that complete separation is necessary for a fresh start. Similarly, adoptive parents may prefer a closed adoption if they believe it will allow for a more stable environment for the child without the complications of maintaining contact with the biological family. 

Texas law allows for the legal rights of the biological parents to be terminated permanently in the case of a closed adoption. Once these rights are terminated, the biological parents have no legal standing to request contact or involvement in the child’s life. This finality ensures that the adoptive family can raise the child without interference. 

Factors to Consider When Choosing Between Open and Closed Adoption

Choosing between open and closed adoption is a deeply personal decision that depends on the specific needs and preferences of both the biological parents and the adoptive family. Here are some key considerations to help make an informed choice: 

Emotional Well-Being of the Child 

The primary focus of any adoption arrangement should be the child's best interests. Open adoptions can help a child develop a stronger sense of identity by allowing them to understand their background and maintain connections with their biological family. On the other hand, closed adoptions can provide a sense of stability and security by allowing the child to fully integrate into their adoptive family. 

Level of Comfort with Communication 

For some biological parents, maintaining communication with the adoptive family can offer peace of mind and emotional closure. Likewise, adoptive parents may feel that an ongoing relationship with the biological parents enriches the child’s life. However, a closed adoption may be a better fit if either party is uncomfortable with such interactions. 

Legal and Logistical Considerations 

Because Texas law does not enforce open adoption agreements after the adoption is finalized, this lack of enforceability can lead to misunderstandings or unmet expectations. Closed adoptions eliminate this uncertainty by establishing clear boundaries from the outset. 

Privacy Concerns 

Both biological and adoptive parents may prioritize privacy when making their decision. For some, the anonymity provided by a closed adoption can be a considerable advantage. Others may find that the benefits of an open adoption outweigh any potential privacy concerns. 

Cultural and Familial Preferences 

Cultural values and family dynamics often play a significant role in choosing between open and closed adoption. Some families may feel strongly about maintaining ties to their heritage or ensuring that the child has access to their biological family’s traditions, which open adoption allows. On the other hand, closed adoption can be more suitable for families who prioritize creating a fully integrated, independent unit. 

How James P. Peterson Can Help

The adoption process in Texas can be emotionally and legally complicated, requiring careful planning and attention to detail. James P. Peterson Attorney at Law has extensive experience assisting families and individuals with both open and closed adoptions.  

From helping biological parents understand their rights to guiding adoptive families, James P. Peterson is committed to ensuring a fair and compassionate experience for all involved. 

For biological parents, James P. Peterson provides clear and empathetic counsel to help them understand the long-term implications of their decision. He works diligently to protect their rights and strives to ensure that they are comfortable with their chosen adoption arrangement. 

For adoptive families, James P. Peterson offers thorough legal representation with the goal of ensuring that the adoption process complies with Texas law. Whether the family prefers an open or closed adoption, his goal is to facilitate a seamless transition that prioritizes the child's well-being. 

Make the Right Choice for Your Family

Open and closed adoptions each offer unique benefits and challenges, and there is no one-size-fits-all solution. The most important thing is to make a decision that aligns with the child’s best interests and the values of everyone involved. With the help of James P. Peterson, families can feel confident that they are making informed and sound decisions throughout the adoption process. 

If you are considering adoption in Texas, contact James P. Peterson Attorney at Law for comprehensive support. Located in San Antonio, Texas, his firm also serves clients in Boerne and New Braunfels.