If you're considering adoption in Delaware and hoping to stay in touch with your baby after placement, you're probably wondering: are open adoptions legally enforceable? It's an important question, and you deserve a clear, honest answer.

The truth is that Delaware law does not specifically make post-adoption contact agreements legally enforceable. However, this doesn't mean open adoption can't work for you. Many adoptive families honor their open adoption commitments because they understand how important these relationships are for everyone involved—especially the child.

Get free information about open adoption and how American Adoptions can help you create and maintain meaningful connections with your baby and the adoptive family.

Below, we'll explain what Delaware law says about open adoption agreements, what your options are, and how American Adoptions supports birth parents who want to maintain contact after placement.

Are Open Adoptions Legally Enforceable in Delaware?

Delaware law addresses post-adoption contact in Delaware Code Title 13, § 929, but it does not make these agreements legally enforceable through the courts. According to Delaware statute, birth parents and adoptive parents must acknowledge in writing that "no legal right of or assurance of continuing contact after finalization of the adoption exists."

This means that if you create a post-adoption contact agreement with the adoptive family and they choose not to honor it after finalization, you cannot go to court to enforce the agreement in Delaware.

However, this legal reality doesn't mean open adoption is impossible or that adoptive families routinely break their promises. In fact, the vast majority of adoptive families who commit to open adoption follow through with their agreements because they:

• Understand the benefits of open adoption for their child
• Value the relationship with their child's birth family
• Made a commitment they intend to keep
• Recognize that openness helps their child develop a healthy identity

At American Adoptions, we work exclusively with families who are committed to some level of openness. Our adoptive families understand that open adoption is about building lasting, meaningful relationships—not just signing paperwork.

For more information about adoption laws by state, you can explore how different states handle post-adoption contact agreements.

Open Adoption Agreements Explained: What They Mean for You

Even though Delaware doesn't legally enforce post-adoption contact agreements, creating one is still an important part of the adoption process. An open adoption agreement—also called a post-adoption contact agreement (PACA)—is a written document that outlines:

• How often you'll receive updates about your child (monthly, quarterly, annually)
• What types of contact you'll have (photos, letters, emails, phone calls, video chats, visits)
• Whether you'll have in-person visits and how frequently
• Any other preferences for staying connected

These agreements are created before placement, when you and the adoptive family are getting to know each other and discussing your hopes for the future. The process of creating this agreement helps ensure everyone is on the same page about expectations and boundaries.

At American Adoptions, we help facilitate these conversations and put the agreements in writing. While the agreement may not be legally enforceable in Delaware, it serves several important purposes:

• It creates clear expectations for everyone involved
• It demonstrates the adoptive family's commitment to openness
• It provides a framework for your ongoing relationship
• It gives you peace of mind knowing there's a plan in place

The level of openness you choose is entirely up to you and what feels comfortable. Some birth parents want frequent updates and regular visits, while others prefer less frequent contact. There's no right or wrong answer—just what works best for you, the adoptive family, and ultimately the child.

What Happens If an Open Adoption Agreement Is Broken?

If an adoptive family stops honoring the open adoption agreement in Delaware, you don't have the option to take them to court to enforce it. However, that doesn't mean you're without options.

American Adoptions continues to support birth parents after placement, and we can help mediate if communication breaks down or if the adoptive family isn't following through with the agreed-upon contact. Our role includes:

• Facilitating conversations between you and the adoptive family
• Helping resolve misunderstandings or conflicts
• Reminding adoptive families of their commitments
• Providing counseling to help you navigate the situation

Many times, when contact slows down or stops, it's not because the adoptive family doesn't want to maintain the relationship—it's because life gets busy, communication styles differ, or expectations weren't clearly understood. With mediation and support, many of these situations can be resolved.

That said, it's important to choose an adoptive family carefully from the beginning. This is why American Adoptions gives you the opportunity to get to know families before making your choice, so you can select people you genuinely trust to follow through on their commitments.

How to Choose the Right Family in an Open Adoption

One of the best ways to ensure your open adoption agreement is honored is to choose an adoptive family who is genuinely excited about openness and who you feel you can trust.

At American Adoptions, we give you control over this decision. Here's how the process works:

Browse Family Profiles

You'll have access to hundreds of waiting families from across the country. Each profile includes information about:

• Their preferences for openness and post-adoption contact
• Their family, lifestyle, values, and parenting philosophy
• Photos and videos of their home and daily life
• Letters written to you explaining why they want to adopt

You can review as many profiles as you want until you find families that feel like the right fit.

Get to Know Them

Once you've identified families you're interested in, you can begin building a relationship with them through:

• Phone calls and text messages
• Email exchanges
• Video chats
• In-person visits (if desired and possible)

This process allows you to get a sense of who they are as people, how they communicate, and whether you feel comfortable trusting them with your baby and with your open adoption agreement.

Discuss Your Vision for Openness

Before placement, you and the adoptive family will have honest conversations about what open adoption will look like. You'll discuss:

• What types of contact you both feel comfortable with
• How often contact will occur
• What happens as the child grows and needs change
• How you'll handle challenges or changes in the relationship

These conversations help ensure you're choosing a family whose vision for openness aligns with your own. If you're finding open adoption families who match your preferences, your adoption specialist will help guide you toward families who are the best fit.

The Role of American Adoptions in Your Open Adoption Journey

At American Adoptions, we understand that open adoption is about relationships, not just legal contracts. While Delaware law doesn't enforce post-adoption contact agreements, we're committed to supporting meaningful, lasting connections between birth parents and adoptive families.

Here's how we support open adoption:

We Work with Open Adoption Families

All of our adoptive families are asked to be open to some degree of contact. At a minimum, they must agree to an in-person visit with the birth mother within the first five years of the child's life. Many families are comfortable with much more openness than this, including regular visits, phone calls, and ongoing communication.

We Help Create Your Agreement

Your adoption specialist will help you and the adoptive family create a post-adoption contact agreement that reflects everyone's wishes and comfort levels. We'll ensure the agreement is clear, specific, and realistic so everyone knows what to expect.

We Provide Ongoing Support

Our support doesn't end at placement. If questions or challenges arise in your open adoption relationship, we're here to help. We can:

• Mediate conversations between you and the adoptive family
• Provide counseling to help you process your emotions
• Offer guidance on how to maintain healthy boundaries
• Help facilitate communication if it breaks down

We're Here for Life

You can reach out to American Adoptions at any time—even years after placement—if you need support with your open adoption relationship. We're committed to helping these relationships thrive for the benefit of everyone involved, especially the child.

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

Open adoption has become the standard in modern adoption, and for good reason. Research shows that openness benefits everyone involved—birth parents, adoptive parents, and most importantly, the child.

Here's why so many birth parents choose open adoption:

Peace of Mind

Knowing that your child is safe, loved, and thriving can bring tremendous comfort. Through open adoption, you don't have to wonder—you can see for yourself through photos, updates, and visits.

Ongoing Connection

Open adoption allows you to maintain a meaningful role in your child's life. You're not erased from their story—you're part of it. This connection can be deeply healing and meaningful for both you and your child.

Answers to Your Child's Questions

As your child grows, they'll have questions about their adoption story and their birth family. Open adoption allows you to be available to answer those questions directly, helping your child develop a healthy understanding of their identity.

Reduced Grief and Loss

While adoption always involves some grief, open adoption can reduce feelings of loss by allowing you to stay connected to your child. Many birth parents find that openness helps them process their emotions and move forward in a healthy way.

Benefits for Your Child

Research shows that children raised in open adoptions tend to have:

• Better self-esteem and sense of identity
• Fewer questions about their origins
• Healthier relationships with both their birth and adoptive families
• Less confusion or trauma related to adoption

You can learn more about the pros and cons of open adoption to help you decide if it's right for you.

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

Many birth mothers who have chosen open adoption have found it to be one of the most meaningful aspects of their adoption experience. Here's what Caitlin, a birth mother who worked with American Adoptions, shared about her open adoption experience:

"Adoption has changed me — I'm more open and I talk more. I feel like I've become better because I know that if I can place him into someone else's arms and still move on, I can do anything. There is hope. It's a beautiful thing."

Caitlin also said she knew from her first conversation with her son's adoptive parents that she had found the right family, and their relationship continues to be strong and positive today.

Stories like these show that open adoption can create beautiful, lasting connections that benefit everyone involved. You can find more birth mother testimonials at American Adoptions to hear from women who have been where you are.

Start Your Open Adoption Journey with American Adoptions

If you're considering adoption in Delaware and want to maintain contact with your baby after placement, American Adoptions can help you create an open adoption plan that works for you.

Even though Delaware law doesn't enforce post-adoption contact agreements, we work with families who are committed to honoring their promises and maintaining meaningful relationships with birth families. Our track record speaks for itself—we've helped facilitate thousands of successful open adoptions where birth parents and adoptive families have built lasting, healthy connections.

Here's what you can expect when you work with American Adoptions:

• Access to hundreds of families who are open to contact
• Support in creating a clear, detailed post-adoption contact agreement
• Ongoing mediation and counseling throughout your open adoption journey
• 24/7 availability at 1-800-ADOPTION whenever you need support

Reach out for free information today to learn more about open adoption, how it works in Delaware, and how we can help you create the relationship you're hoping for.

Open adoption is about trust, commitment, and love—not just legal contracts. Let us show you how meaningful these relationships can be.

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