Are Open Adoptions Legally Enforceable in Florida?
If you're considering adoption for your baby, understanding whether open adoptions are legally enforceable helps you make informed decisions. You want to know that the relationship you create with your child's adoptive family will be honored and respected for years to come.
Below, we'll walk through how Florida handles open adoption agreements, what happens if contact plans change and why so many birth parents find peace in open adoption. When you're ready to take the next step, you can get free information by filling out our online form.
Are Open Adoptions Legally Enforceable in Florida?
Florida courts can approve a post-adoption contact agreement as part of the final adoption order. These agreements outline how you'll stay connected with your child after placement.
While open adoption agreements can hold up in court in Florida, understanding how they work will help you set realistic expectations.
Before approving contact, the judge reviews input from the Department of Children and Family Services, a court-appointed advocate for your child and the prospective adoptive parents. Everything centers on what's best for your child.
If the court decides that staying in touch is good for your child, they'll write the specific details into the final paperwork that completes the adoption. The adoption is permanent and legally binding whether or not contact continues exactly as planned.
The adoptive parents can ask the court to look at the contact plan again if they feel it's no longer working well for your child. The court might reduce or stop contact, but they can't require more contact than the adoptive parents agree to. Sometimes the court will ask everyone to work with a neutral third party to talk through concerns and find solutions.
Open Adoption Agreements Explained: What They Mean for You
A post-adoption contact agreement is a written plan that describes how everyone will stay connected after your baby's adoption is finalized. Think of it as a roadmap for your ongoing relationship with your child and their adoptive family.
These agreements typically include:
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Frequency of contact
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Types of communication
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Special occasions
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Photo sharing
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Future adjustments
Every open adoption situation looks different. Some birth parents prefer quarterly photos and annual visits. Others feel comfortable with monthly video calls. You get to decide what’s best for you; that’s your right as a birth parent in open adoption.
What Happens if Adoptive Parents Don't Follow the Open Adoption Plan?
Florida law doesn't give you a way to go to court if the adoptive family stops contact. However, if communication breaks down, you can:
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Work with a mediator to solve problems together
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Participate in court reviews if the adoptive parents ask the court to change the agreement
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Seek agency support for helping talking through challenges
The bottom line: Florida courts can include contact plans in adoption paperwork, but the state does not have specific laws that enforce open adoption agreements the way it enforces other family law matters. However, you can trust that the court will focus on what's best for your child.
How to Choose the Right Family in an Open Adoption
Finding the right match starts with looking through family profiles. You'll see photos, read about their backgrounds, learn about their approach to parenting and understand their vision for open adoption.
Here's what to look for:
American Adoptions helps with this process by asking all prospective families to be open to photos, letters and at least one in person visit before your child turns 5. Learn more about how to find open adoption families.
The Role of American Adoptions in Your Open Adoption Journey
We’re here to support you through every conversation, every decision and every emotion that comes with this process.
Here's how we help with open adoption:
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Setting Expectations: At the start of the process, we talk with you about what kind of contact you'd like.
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Facilitating Communication: During your pregnancy, we can coordinate meetings and conversations between you and the adoptive family.
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Screening Families: We ask our adoptive families to be open to some degree of contact and an in-person visit within the first five years of the child's life.
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Providing Counseling: Our licensed counselors can help you process your feelings about the adoption.
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Mediating Concerns: If questions or difficulties come up after placement, we can step in to help both parties understand each other's perspectives and find solutions.
We've walked this path with thousands of families, and we know how to help relationships thrive. Read more about building trust in open adoption.
Why So Many Birth Parents Feel Open Adoption Is Right for Them
Open adoption offers benefits that closed adoption simply can't provide. This includes:
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Peace of mind
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Ongoing connection:
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Identity clarity
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Reduced grief
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Extended family
You can explore more open adoption pros and cons to help make your decision.
Real Stories: Open Adoption From a Birth Mother's Perspective
Sometimes the best way to understand open adoption is through the experiences of women who've lived it.
Angelica
At 20 years old and already raising two boys, Angelica knew adoption was right for her baby girl. She connected with Keith and Jenn, a Rhode Island couple who had overcome their own challenges.
When they flew to Texas for the birth, Jenn held her hand through labor, and all three parents chose the name Kaylin together. Now, Angelica treasures yearly visits and regular phone calls with her daughter's family.
Read more of Angelica’s story.
Caitlin
Caitlin was already raising a son when she became pregnant again. She found Matt and Amanda, a couple with strong family ties, and spent six months getting to know them before her son was born.
Amanda stayed by her side through labor and even cut the cord at Caitlin's invitation. While waiting for legal clearance, they shared barbecues and family gatherings. Today, they text and video chat regularly with baby Weston.
Start Your Open Adoption Journey With American Adoptions
Now that you know whether open adoption is legally enforceable in Florida, you might be looking for the right family. American Adoptions works with hopeful parents who genuinely value openness and understand how important you are to your child's life.
You deserve honest answers and real support. Our specialists are ready to walk with you through every step of this process. For more information, fill out our online form.
Disclaimer
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