Are Open Adoptions Legally Enforceable in Indiana?

Giving your baby up for adoption might feel scary because you don't like the thought of having to say goodbye forever. If you've heard of something called "open adoption," you may be wondering what exactly it means and whether it's really protected by law in Indiana.
Open adoption is a way for you and your child's adoptive parents to share contact after placement. You can stay connected through letters, photos, visits, and more. You'll watch your child grow up with the family you choose while still being part of their story.
Fill out our contact form to speak with an adoption specialist who can help you navigate open adoption in Indiana, or call 1-800-ADOPTION to get answers right away.
This guide explains everything you need to know about open adoption agreements in Indiana and why choosing the right agency makes all the difference.
What Indiana Law Says About Open Adoption Agreements
Will Indiana law protect your relationship with your child? Indiana does allow post-adoption contact agreements (PACAs) under Indiana Code § 31-19-16, but they're only enforceable in court if the child is at least 2 years old.
For children under 2, the agreement isn't legally binding at the state level, which means if a dispute arises, you can't take it to court.
Here's what matters more: American Adoptions creates post-adoption contact agreements for all our adoptions and helps you navigate any issues that arise. We match you with families who genuinely want the level of openness you want.
Concerns about anyone not following the agreement are rare because we help you find the right family from the start. These are families who share your contact preferences and are committed to maintaining the relationship you envision.
Open Adoption Agreements Explained: What They Mean for You
An open adoption agreement (also called a post-adoption contact agreement or PACA) outlines the type of contact you'll have with your child and their adoptive family after placement. These agreements are personalized to fit what you want your relationship to look like.
Your open adoption agreement might include:
- Text messages or phone calls at specific times
- Photo and video updates on birthdays or holidays
- Letters sharing milestones and everyday moments
- In-person visits once or twice a year
- Virtual meetings through video calls
- Holiday cards and special occasion messages
You'll get personal care you deserve from your adoption specialist, who will help you think through what level of openness feels right for your situation. Some birth mothers want frequent contact and regular visits. Others prefer updates a few times a year.
There's no single "correct" way to structure an open adoption.
Legal Requirements for Open Adoption Agreements in Indiana
If you want to create a legally enforceable open adoption agreement in Indiana, the agreement must include two important acknowledgements under Indiana Code § 31-19-16:
You acknowledge that: The adoption is irrevocable, even if the adoptive parents don't follow the agreement. This protects the finality of the adoption and ensures your decision can't be reversed.
The adoptive parents acknowledge that: You grant them full parental rights and they understand the terms of contact outlined in the agreement.
It's important to have an adoption attorney involved in creating your PACA. Our adoption specialists can connect you with free legal representation to ensure your agreement is properly structured and filed with the court.
This legal support is included as part of working with American Adoptions.
The agreement you create serves as a roadmap for your relationship with the adoptive family. American Adoptions carefully matches you with families who genuinely embrace open adoption and have proven track records of maintaining contact.
What If an Open Adoption Agreement is Broken?
Indiana's adoption laws recognize post-adoption contact agreements, but enforcement depends on the child's age. If your child is under 2 years old, the court cannot legally force the adoptive parents to follow the agreement.
Once your child turns 2, the agreement becomes enforceable in court.
If the adoptive family isn't honoring the agreement and your child is over 2, either you or the adoptive parents can file a petition with the court to seek enforcement. Your adoption attorney can guide you through this process if it becomes necessary.
When you work with American Adoptions, we only match you with adoptive families who have demonstrated their commitment to open adoption. Our adoptive parents understand that maintaining your connection with your child benefits everyone involved.
We ask all of our adoptive families to be open to some degree of contact and willing to meet in person within the first five years of the child's life. This isn't just a requirement we check off. It's a value we instill in every family we work with.
If communication challenges ever arise, your adoption specialist serves as a mediator to help both families work through them. We've facilitated thousands of successful open adoptions in Indiana and across the country.
How to Choose the Right Family in an Open Adoption
Finding the perfect adoptive family for your child starts with browsing family profiles. American Adoptions provides detailed profiles that give your insight into each family's life, values, home, and vision for open adoption.
These profiles include:
- Photos of the family and their home
- Letters written directly to you
- Information about their lifestyle, community, and extended family
- Their specific preferences for contact and openness
- Videos that let you see their personalities
You can browse profiles online at your own pace. When you find families you're interested in, your adoption specialist will share more information and help facilitate an initial conversation.
Many birth mothers in Indiana have met their chosen family multiple times before placement. You might meet over coffee, share a meal together, or spend an afternoon getting to know each other.
These meetings help you build trust and envision what your ongoing relationship might look like.
Questions to Ask Adoptive Families
Before choosing a family, it's important to understand their comfort level with open adoption in Indiana. Here are key questions to help you assess their long-term commitment:
- How do you picture our relationship looking in the years after adoption?
- Are you comfortable with in-person visits, and what feels right for photo and letter updates?
- How will you help our child understand why I chose adoption as they grow up?
- What would you do if communication becomes challenging between us?
The right family will welcome these conversations and answer honestly. Your adoption specialist will be with you during these discussions to help facilitate the conversation and make sure your questions are answered.
You get to choose the perfect family for your child based on what matters most to you:
- A family that lives nearby for easier visits
- Parents who share your faith or spiritual values
- A family that loves the outdoors or has hobbies similar to yours
- Parents with a similar cultural background
- A specific family structure you envision for your child
- Parents with certain educational or career paths
Whatever matters to you, we'll help you find it.
You can focus on your goals and dreams, knowing your child will have all the opportunities in the world with a wonderful family that you personally selected.
The Role of American Adoptions in Your Open Adoption Journey
American Adoptions serves as more than just a facilitator. We're your partner and advocate throughout this process. Our role in supporting open adoption relationships continues long after placement.
Here's how we support you:
Before placement: Your adoption specialist helps you define what you want from an open adoption. We walk you through different levels of openness, answer questions about what's realistic, and help you communicate your preferences clearly.
We match you only with families whose openness preferences align with yours.
During the hospital stay: We coordinate communication between you and the adoptive family. Whether you want them in the delivery room, prefer private time first, or have other specific wishes, we make sure everyone understands and respects your plan.
After placement: Your specialist remains available to mediate communication, address concerns, and help both families navigate the relationship as it evolves. We're here when you need support processing emotions, want advice about how to handle a situation, or simply need someone who understands what you're experiencing.
As a national adoption agency, we work with families across the country while maintaining deep expertise in Indiana's specific adoption landscape. We understand the nuances of Indiana adoption law and can explain exactly what protections and options you have.
Why Open Adoption Feels Right for So Many Birth Mothers
Maintaining a connection with your child provides ongoing reassurance that you made the right choice. You don't have to wonder how they're doing or imagine their life. You get to see it. Many birth mothers find this ongoing relationship helps them process their emotions and find peace with their decision. That connection can be incredibly healing.
Research consistently shows that children in open adoptions have better outcomes. They grow up understanding their full story from the beginning. There's no mystery, no confusion about their origins. They know they were loved by you and chosen by their adoptive family.
Adoptive parents in open adoptions can answer their child's questions about their birth family directly and honestly. They don't have to guess at medical history or wonder about your wellbeing. The relationship you maintain helps them be better parents.
Start Your Open Adoption Journey with American Adoptions
You deserve support from people who understand what you're going through. American Adoptions has helped thousands of women in Indiana and across the country create the adoption plan that feels right for their unique situation.
When you work with us, you'll receive:
- Financial assistance for pregnancy-related expenses allowed under Indiana law
- Free counseling before and after placement
- 24/7 access to your adoption specialist
- A carefully vetted family that matches your preferences
- Ongoing support for your open adoption relationship
- Expert guidance on Indiana adoption laws and procedures
Whether you're still pregnant and exploring your options or have recently given birth and are considering adoption, we're here to answer your questions without judgment. You can talk through your situation confidentially and get honest information about what adoption would look like for you.
Fill out our form to get connected with an adoption specialist and get the support you deserve. You're not alone in this decision — we're here to help you create the best possible future for both you and your baby.
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