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FROM THE FOUNDERS
Are open adoptions a
substitute for opening records?
by Jeep Driving Genius
Co-Founder Aborn
http://www.Aborn.org
In my journeys through the
adoption online community I've often heard the argument that
"Open Adoptions" negate the need for open records. The
proponents of open adoptions often cite the fact that in open
adoptions the parties involved already know each others
identities which negates the need for open records laws, that
open records advocates like myself are working hard to initiate
nationwide.
So I decided to do some research on the subject of "Open
Adoption" to find out just how open and legally enforceable
such agreements are. I had several questions in mind when I began
my research.
Questions such as:
#1) Are open adoption contracts enforceable by law if one of the
parties later decides not to honor the agreement.?
#2) Are birthmothers contemplating relinquishing a child through
an open adoption agreement advised in advance as to their
options, choices, and support networks that can help them to
raise their children rather than to relinquish the children.?
#3) If open adoptions are not enforceable by law are birthmothers
told that they have no legal recourse if the adoptive parents
later decide not to honor the open adoption agreement?
My research began with Catholic Charities of Denver Colorado. I
wrote to Catholic Charities of Denver Colorado to pose those
questions to them in hopes of finding out more about open
adoption.
My first research letter was sent to Margaret Booker at the
Denver Catholic Charities office and read as follows:
Hi,
I visited your web site today and had a question about the following information contained at your webpage.
"Helping women with unplanned pregnancies Complete services are offered to women experiencing an unplanned pregnancy, including professional confidential decision-making counseling, medical and legal support and assistance in securing housing, clothing and other necessities. Counseling and support are also available to birth fathers, siblings and grandparents. There is no charge for this service.
If you choose adoption, you will select the adoptive family through portfolios of photos and profiles of potential adoptive families. You will decide how open the adoption will be and the amount and type of contact with the family throughout the child's life."
My question is
"Is open adoption legally enforceable by law in the state of Colorado?"
I would hate to chose open adoption as an option and then find out that I would have no legal remedy if the adoptive parents changed their minds and decided not to honor the "Open Adoption" agreement.
So therefore I'd like to know exactly what protections are offered BY LAW to enforce the contract of "Open Adoption plans" made by parents choosing to surrender their children to an open adoption.
Thank You,
The reply I received was as follows from Margaret Booker:
Open adoption plans in the State of Colorado are voluntary and carry no legal enforcement in either party living up to a communication/contact agreement. We do not, however, run into any problems with adoptive families or birth families living up to their agreements. People who come to open adoption are generally very committed to being accessible to one another for the benefit of the child being placed.
If I can answer other questions, please do not hesitate to contact me.
Margaret Booker
Well that only confirmed my
suspicions that open adoption was not enforceable by law in most
if not all states.
So I proceeded to write Margaret Booker again.
Posing the following questions:
Thank you for your reply to my query. Another question I have is: Are the birth parents informed by your agency that any agreements pertaining to "open adoptions" are NOT enforceable by law? Are they clearly informed that they have absolutely no legal recourse if the adoptive parents fail to abide by agreements to allow for participation in their childs lives?
I also have a question concerning the offer of assistance for birth mothers and birth fathers. Your website states that help is available for counseling, housing, etc. If the parents decide NOT to surrender their child to adoption are those costs then passed onto the parents and do they become responsible in any way for repayment of those services?
Margaret Booker of Denver Catholic Charities replied as follows:
"Absolutely, birthfamilies are informed of the lack of legal recourse in open adoption. No our agency does not operate with the fiscal arran gement you described."
But ironically, another
representative of the same Catholic Charities Denver office
somehow received the same original correspondence that I sent to
Margaret Booker and proceeded to answer my queries
simultaneously. The strange thing which became evident during
this research project was that the other CC Denver worker Nancy
McElheny replied to the question differently than Margaret Booker
This was Nancy McElheny's reply to the same questions:
There is no legal enforcement of the communication arrangements agreed upon by either party. Both parties sign a "good faith" agreement based upon what is decided at the time of placement. It is hoped that both parties will abide by this agreement, but there is no legal recourse if this ongoing communication is not honored.
Yes, the birth parents are informed that the communication agreement is not legally enforceable by our agency, and also by the magistrate when they go to their relinquishment hearing.
In answer to your second question, if monies from our agency are used for pregnancy related expenses, and the birth parents decide to parent, they would owe us for these costs. We offer counseling, referrals for public assistance, housing, etc. free of charge, whether they decide to parent or to place.
Nancy McElheny, M.A., L.P.C.
Birth Parent Counselor
Well that really raised my eyebrows. One representative states that CC Denver does not have fiscal arrangements in relation to cost reimbursements while the other representative clearly states that if the birthparents decide against relinquishing their child they would indeed owe the agency the monies paid on their behalf for any pregnancy related care. Being liable for costs that can run into thousands of dollars could indeed be intimidating to a teenage mother with no resources to begin with.
BUT they BOTH AGREE that OPEN ADOPTION IS NOT ENFORCEABLE BY LAW.
So if open adoption is NOT
enforceable by law it is definately not a good alternative to
open records. If an adoptive parent decides after agreeing to an
open adoption plan that they don't want to allow the birthparents
in sharing in the childs life then the birthparents are left
wondering forever more what became of their child, due to the
sealed records laws in most states. Even when the child becomes
an adult the birthparent will not be allowed access to
information about the child they surrendered by the agency
handling the adoption. In most states the only thing that a
birthparent is legally entitled to is non identifying information
on the child they surrendered. Even if that surrender was with
the agreement that the birthparent would play on ongoing role in
the childs life.
JDG- Co Founder ABORN
http://www.Aborn.org
PAST COLUMNS
Will it ever end?
http://taap.8k.com/founders/end.html
Fairmount Maternity Home
http://taap.8k.com/founders/fairmount.html
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