Are Open Adoptions Legally Enforceable in Maine?
Open adoption agreements are not legally enforceable in Maine, but that doesn't mean your relationship with your baby and their adoptive family can't thrive.
When you work with American Adoptions, you have the power to choose a family committed to keeping their promises—and you'll have ongoing support to help maintain that connection for years to come.
Schedule a consultation today to discover how we help birth mothers in Maine build lasting, meaningful relationships through open adoption—because your peace of mind matters.
Whether you're just beginning to consider adoption or you're further along in your pregnancy and want to understand your options, we're here to answer your questions about open adoption agreements, what they mean for you, and how to find a family you can trust to honor the relationship you envision.
Are Open Adoptions Legally Enforceable in Maine?
No, post adoption contact agreements are not legally enforceable in Maine.
The state does not have specific legislation that allows birth parents to petition a court if an adoptive family doesn't follow through on the agreed-upon contact arrangement.
However, this legal reality doesn't mean open adoption can't work in Maine.
The vast majority of adoptive families who agree to open adoption genuinely want to honor that commitment. When you choose a family through American Adoptions, you're selecting people who have already demonstrated their willingness to embrace openness—and you'll have our support in maintaining that connection.
The success of your open adoption depends more on choosing the right family and having proper support than on legal enforceability. That's where we come in.
Open Adoption Agreements Explained: What They Mean for You
An open adoption agreement is a plan that outlines what kind of contact you'll have with your child and their adoptive family after placement. This might include exchanging photos and letters, video calls, in-person visits, or a combination of these options.
You get to decide what feels right for you. Some birth mothers prefer to receive updates a few times a year through letters and pictures. Others want more frequent communication or regular in-person visits.
There's no single "right" way to do open adoption—it's about what works for your unique situation and provides you with the peace of mind you need.
The agreement is created before placement and reflects everyone's comfort level and preferences. While it's not legally binding in Maine, it serves as a roadmap for the relationship and sets clear expectations from the beginning.
What Happens If an Open Adoption Agreement Is Broken?
If an adoptive family doesn't honor the terms of an open adoption agreement in Maine, you cannot file a legal petition specifically for enforcement of post-adoption contact, as the state lacks legislation addressing these agreements.
However, Maine does recognize general contract law. While this doesn't provide a clear legal pathway for enforcement, some legal experts suggest that a well-drafted open adoption agreement could potentially be treated as a contract dispute in civil court.
This would require proving that all parties entered into a binding agreement with the intention of creating enforceable obligations—a complex and uncertain legal process.
The reality is that most open adoption relationships in Maine succeed not because of legal enforcement, but because of genuine commitment and ongoing support.
American Adoptions helps prevent broken agreements by carefully screening adoptive families, facilitating open communication from the start, and providing mediation support if challenges arise.
How to Choose the Right Family in an Open Adoption
If maintaining a relationship with your baby and their adoptive family matters to you, you can absolutely make that happen.
When you work with American Adoptions, you're in control of finding the perfect family—one that truly embraces the level of openness you want.
You'll review detailed family profiles that include photos, letters from hopeful parents, information about their homes and communities, and—most importantly—their preferences for post-adoption contact. You can see upfront which families are enthusiastic about open adoption and ongoing communication.
Once you've narrowed down your options, you'll have the opportunity to meet families and ask questions about their vision for staying connected. This conversation helps you gauge their sincerity and commitment to maintaining the relationship.
You can talk openly about what matters most to you, whether that's annual visits, regular phone calls, or frequent photo updates.
The Role of American Adoptions in Your Open Adoption Journey
American Adoptions doesn't just facilitate open adoption—we actively support it. Every adoptive family in our program must be open to at least some degree of contact with birth parents.
Additionally, we require all adoptive families to be willing to participate in at least one in-person visit within the first five years of the child's life.
These aren't just guidelines we mention once and forget. They're commitments we take seriously, and they're part of what makes our approach different.
Throughout your journey and after placement, we serve as mediators and advocates.
If communication challenges arise or if you need help navigating the relationship as your child grows, we're here to facilitate conversations and provide guidance. Many birth mothers find comfort in knowing they have ongoing professional support, not just during the adoption process but for years afterward.
We also help set realistic expectations. Open adoption relationships evolve over time, and what works when your child is an infant might look different when they're five or ten years old.
Our experience supporting thousands of open adoptions in Maine and across the country means we can help you anticipate these changes and adapt accordingly.
Why So Many Birth Parents Feel Open Adoption Is Right for Them
Choosing open adoption can be emotionally complex. You might worry about boundaries, about seeing your child living with another family, or about how you'll handle the relationship over time.
These concerns are completely valid, and they're part of why having the right support matters so much.
Despite these challenges, many birth mothers find that the benefits of open adoption far outweigh the difficulties.
Seeing your child thriving, receiving updates that reassure you they're loved and happy, and maintaining a connection that allows them to know you as they grow up—these experiences bring profound peace to many birth mothers.
For children, knowing their birth mothers and understanding their adoption stories helps them develop healthy identities. They don't have to wonder about where they came from or why they were placed for adoption.
Adoptive parents benefit too, often finding that openness enriches their family and helps them support their child's emotional well-being more effectively.
Research consistently shows that open adoption works well for everyone involved when there's mutual respect, clear communication, and ongoing support—exactly what American Adoptions provides.
Real Stories: Open Adoption from a Birth Mother's Perspective
For birth mothers considering open adoption in Maine, hearing from women who've been through the experience can provide valuable perspective.
Helina, who placed her daughter for adoption through American Adoptions, shares her experience with building a relationship with her daughter's adoptive family:
This kind of relationship with adoptive families isn't guaranteed by legal contracts. It's built on choosing the right family, setting clear expectations from the beginning, and having professional support when you need it.
Start Your Open Adoption Journey with American Adoptions
Open adoptions are not legally enforceable in Maine.
But that doesn't mean your open adoption can't be everything you hope it will be. With the right family, clear communication, and ongoing support from experienced professionals, you can create a lasting relationship that brings peace to everyone involved.
At American Adoptions, we've spent decades helping birth mothers in Maine and across the country build meaningful open adoption relationships. We know how to identify families who are genuinely committed to staying connected, how to facilitate healthy communication, and how to provide support when challenges arise.
Your journey deserves more than empty promises—it deserves a team that will stand by you every step of the way.
Imagine the relief of knowing your child is thriving with a family who keeps their word. Speak with a specialist today to start building the open adoption relationship you envision—because your peace of mind starts here.
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