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Are Open Adoptions Legally Enforceable in Alaska?

If you're considering adoption in Alaska and want to stay connected to your child, you're probably wondering: are open adoptions legally enforceable?

Here's the good news: Yes, open adoptions are legally enforceable in Alaska. Under Alaska law (Alaska Stat. § 25.23.130), if you and the adoptive family agree to a post-adoption contact agreement and the court approves it as part of the adoption decree, that agreement is legally binding.

At American Adoptions, we help birth mothers find families who genuinely want to stay connected. We've been doing this for over 30 years, and we've seen how meaningful these relationships can be for everyone involved.

Call us at 1-800-ADOPTION or connect with an adoption specialist to learn more.

Are Open Adoptions Legally Enforceable in Alaska?

Let's get specific about what Alaska law says.

In Alaska, post-adoption contact agreements (PACAs) are legally enforceable if they meet certain requirements:

  • The agreement must be in writing. Verbal promises don't count—you need a written document that clearly outlines the type and frequency of contact.
  • Both parties must agree to it. You and the adoptive family both need to consent to the terms before it becomes binding.
  • The court must approve it. The agreement has to be included in the adoption decree and approved by a judge who finds that it's in the child's best interest.

Once these conditions are met, the agreement becomes legally enforceable under Alaska law. This means that if the adoptive family stops following the agreement without good reason, you have legal options to address it.

Important to know: While the agreement is enforceable, it's not a custody or visitation agreement like you'd see in a divorce. Once the adoption is final, your parental rights are terminated, and the adoptive parents have full legal authority to make decisions for the child. A post-adoption contact agreement is about maintaining a relationship, not co-parenting.

At American Adoptions, we help you understand exactly what this means for you and guide you through creating an agreement that protects your connection to your child. Learn more about building trust in open adoption here.

Open Adoption Agreements Explained: What They Mean for You

A post-adoption contact agreement (sometimes called a PACA) is a written plan that spells out how you and the adoptive family will stay in touch after the adoption is final. It can include photos and updates, letters or emails, phone or video calls, and in-person visits—maybe once a year or whatever everyone agrees feels right.

The agreement should spell out exactly what type of contact you'll have and how often. For example: "Birth mother will receive photos and updates via email every three months, with one in-person visit per year."

The more specific, the better. Vague agreements like "we'll stay in touch" can lead to misunderstandings. A clear, detailed agreement helps everyone know what to expect.

At American Adoptions, we help you think through what level of openness feels right and help you communicate that to prospective adoptive families.

What Happens If an Open Adoption Agreement Is Broken?

This is the question that keeps a lot of birth mothers up at night: What if the adoptive family stops following the agreement?

If you have a court-approved post-adoption contact agreement in Alaska and the adoptive family isn't honoring it, you do have options:

  • Mediation: The first step is usually to work with a mediator (like American Adoptions) to try to resolve the issue. Maybe there's been a misunderstanding, or life circumstances have changed. Often, these issues can be worked out without going to court.
  • Court petition: If mediation doesn't work, you can ask the court to enforce the agreement. Because it's part of the adoption decree, a judge has the authority to review what's happening and order the adoptive family to comply.
  • Important reality check: While the agreement is legally enforceable, getting a court to step in takes time, money, and proof that the contact was stopped without good reason. Judges can also modify or void the agreement if they believe that continuing contact is no longer in the child's best interest.

This is why choosing the right family is so important. You want a family who genuinely values open adoption and isn't just agreeing to it because they think it's what you want to hear.

At American Adoptions, we work only with families who are committed to honoring open adoption agreements. In fact, we require all our adoptive families to be open to some degree of contact and to agree to at least one in-person visit within the first five years of the child's life. We don't just ask families to agree—we make sure they understand the importance of following through. Learn how to find open adoption families here.

How to Choose the Right Family in an Open Adoption

Choosing an adoptive family is one of the biggest decisions you'll make, and when you're planning for open adoption, it's important to find a family who shares your vision for staying connected.

  • Look at family profiles carefully. At American Adoptions, every adoptive family creates a detailed profile that includes their openness preferences. You'll see exactly how much contact they're comfortable with.
  • Ask questions. Ask prospective adoptive families directly about their commitment to open adoption. Are they already in an open adoption with another child? Families who are already successfully navigating open adoption are often the most reliable.
  • Trust your gut. If a family seems hesitant about open adoption or their answers feel vague, that's a red flag. You want a family who is genuinely excited about including you in their child's life.

Browse adoptive family profiles to start getting a sense of families who are waiting to connect with you. Learn more about building a relationship with the adoptive family here.

The Role of American Adoptions in Your Open Adoption Journey

At American Adoptions, we're with you throughout the entire journey—and that includes helping you create and maintain a healthy open adoption relationship.

  • We screen for families who value openness. Every family we approve must be willing to have some level of contact with birth parents. We require all our families to agree to at least one in-person visit within the first five years of the child's life.
  • We help you create a clear contact agreement. We'll work with you and the adoptive family to create a written post-adoption contact agreement that spells out exactly what contact will look like. We make sure it's detailed, realistic, and approved by the court so it's legally enforceable.
  • We mediate if issues arise. If communication breaks down or the adoptive family isn't following the agreement, we step in to help mediate and get things back on track.
  • We provide ongoing support. Even years after placement, we're here to help you navigate your relationship with the adoptive family.

Open adoption works best when everyone is committed to making it work. At American Adoptions, we make sure that happens. Click here to learn more about how we support birth mothers.

Why So Many Birth Parents Feel Open Adoption Is Right for Them

Open adoption has become the most popular choice for birth parents. Here's why:

  • You get to see your child grow up. Instead of wondering how they're doing, you get photos, updates, and the chance to see them thrive.
  • Your child knows their story. Kids in open adoptions grow up understanding where they came from. Research shows this helps kids build a healthier sense of identity.
  • You maintain a connection. Adoption doesn't have to mean losing your child forever. Open adoption allows you to stay part of their life in a way that feels right for everyone.
  • It can bring you peace. Many birth mothers say that seeing their child happy and loved brings them a sense of peace. They know they made the right choice.
  • It's flexible. You and the adoptive family can decide what level of contact feels right—and you can adjust it over time if needed.

Read more about open adoption pros and cons here.

Real Stories: Open Adoption from a Birth Mother's Perspective

Here's what one birth mother shared about her experience:

"I was scared at first that seeing my daughter would make it harder. But it's actually brought me so much peace. I get pictures every few months, and we do a video call on her birthday. She knows who I am, and she knows I love her. Her parents are incredible, and I'm so grateful they've kept their promise to include me. Open adoption saved me."
— Emily, birth mother through American Adoptions

When it's done right, with the right family and the right support, open adoption can be healing and beautiful for everyone involved.

Read more birth mother stories here to hear from women who've been where you are.

Start Your Open Adoption Journey with American Adoptions

If you're wondering if open adoptions are legally enforceable in Alaska, the answer is yes—and American Adoptions is here to make sure your rights are protected every step of the way.

We work only with families who are committed to honoring open adoption agreements. We help you create a clear, court-approved contact agreement. And we're here to support you before, during, and after placement to make sure your relationship with the adoptive family stays strong.

You don't have to say goodbye forever. Open adoption gives you the chance to stay connected to your child, watch them grow up, and know they're exactly where they're meant to be.

Call 1-800-ADOPTION today to talk to a specialist about open adoption in Alaska. We'll answer your questions, help you explore your options, and connect you with families who genuinely want to stay in touch.

Browse adoptive family profiles or learn more about adoption by state.

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Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.

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