Open Adoption Attorney in San Antonio, Texas

Open adoption represents a unique approach to the traditional adoption process, one where the birth family has access to the child. While open adoptions are common in many states, please note that they are not legally enforceable in Texas and are generally frowned upon.  

If you're considering an open adoption or are currently involved in one, it's essential to consult with a knowledgeable adoption attorney to fully understand your rights and obligations and maneuver through the process appropriately.  

In this regard, James P. Peterson Attorney at Law is a trusted legal ally helping clients reach positive futures for their families. Located in San Antonio, Texas, James P Peterson also serves families in Boerne and New Braunfels.

Contact the firm today to explore how James P Peterson can use over three decades of experience in adoption law to help with your specific situation. 

What Is Open Adoption? 

Open adoption is an arrangement in which one or both of the biological parents continue to have contact with the adopted child after the adoption has been finalized. This contact can vary from occasional letters or photos to regular visits, and the level of openness is usually agreed upon before the adoption is finalized. 

Open adoption offers many benefits that can positively affect all parties involved. For birth parents, maintaining contact with their child can provide emotional reassurance by allowing them to see their child thrive in a loving environment. This connection can significantly lessen the feelings of loss and grief that often accompany the adoption process.  

For adoptive parents, open adoption allows access to vital information about the child's background, which can be instrumental in health care and understanding family history. Additionally, having a relationship with the birth family can enrich the child's identity and foster a sense of belonging, as they can learn about their heritage and cultural background directly. 

Furthermore, some say an open adoption can enhance the child's emotional stability, as the child grows up with a clear understanding of their adoption story and the love that surrounded their placement. Overall, open adoption aims to create an environment of transparency and support, benefiting the child, birth parents, and adoptive families alike. 

Each open adoption agreement is unique and can be adapted based on what all parties deem best for the child's wellbeing.  But adoptive parents in Texas should not enter into such an agreement, because the birth parent might be able to use such an agreement to allege and try to prove fraud in order to overturn the termination and the adoption. And such an agreement is against the law in Texas.

How Texas Law Treats Open Adoption 

While open adoptions may seem appealing due to their collaborative nature, it's crucial to note that Texas law does not recognize these agreements as legally binding. This means courts cannot enforce any agreement made between birth parents and adoptive parents regarding contact after an adoption has been finalized. 

Any arrangement made between the birth parents and adoptive parents regarding post-adoption communication is not enforceable in a court of law. This legal stance is intended to maintain the stability of the adoptive family unit and ensure that adoptive parents have full and unrestricted authority over the child's upbringing without any obligation or interference from the biological parents. 

Nevertheless, while the formal agreements are unenforceable, many families choose to engage in open adoption informally. It would then be guided by mutual respect and understanding of each party's wishes. Informal contact can include regular correspondence, visits, or sharing updates about the child's development.  

By understanding the unique dynamics of open adoption in Texas, families can make informed decisions that prioritize the child's best interests while fostering meaningful relationships among all parties involved. It is crucial for those considering or currently involved in an open adoption to consult with a knowledgeable adoption attorney like James P. Peterson, who can provide clarity on the legal implications and help you fully understand the implications of this type of arrangement.  

What Is Closed Adoption? 

Closed adoption is a process where the identities of the birth parents are kept confidential and there is no ongoing contact between them and the adopted child once the adoption is finalized. In closed adoptions, all records pertaining to the adoption are sealed, preventing the adoptive parents or the child from accessing any identifying information about the biological parents, (except in rare circumstances usually after the child has reached majority or when medical issues are involved).  

This arrangement provides a clear division between the birth family and the adoptive family, allowing the adoptive parents to have complete authority and autonomy in making decisions regarding the child's upbringing. 

Closed adoption can offer several benefits for both birth parents and adoptive families. For birth parents, the choice to maintain anonymity can provide peace of mind, as it allows them to move forward without the emotional difficulties of ongoing contact. It helps them separate their lives completely from their past decisions and provides distance for a fresh start for them and the child.  

They may find comfort in knowing that their child is in a stable and loving home while also feeling a sense of closure regarding their decision to place the child for adoption.  

For adoptive families, closed adoption can foster a clear family structure, alleviating concerns about potential interference from birth parents and creating a sense of stability and security in their parenting role. This boundary helps ensure that adoptive parents can make decisions regarding their child's upbringing without outside influence.  

Additionally, it can help the child adapt to their new environment without the potential confusion that could stem from dual relationships.  

However, the lack of ongoing communication and information can present challenges for the adopted child later in life, especially regarding understanding their heritage, health history, and personal identity. But in Texas and in the Orders prepared by attorney James P Peterson, the birth parents are required to complete a Health Social, and Genetic History Report before the termination or upon demand after the adoption. It is important for families to carefully consider their options and seek guidance from the experienced adoption attorney James P Peterson to understand the implications of both types of adoption.