Are Open Adoptions Legally Enforceable in Maryland?

Yes, open adoption agreements can be legally enforceable in Maryland when properly established as Post-Adoption Contact Agreements (PACAs).
When you choose adoption, you have the power to create an agreement that keeps you connected to your child's life through pictures, updates, visits, or other forms of contact that feel right for you.
With the right support from a licensed adoption agency like American Adoptions, you can build a relationship with your child's adoptive family that honors everyone's needs.
Open Adoption Agreements Explained: What They Mean for You
An open adoption agreement is your opportunity to decide how much contact you want with your child after placement.
Think of it as a roadmap for your ongoing relationship with your child and their adoptive family.
In Maryland, these agreements outline specific expectations like:
- How often you'll receive photos and updates
- Whether you'll exchange texts, emails, or phone calls
- If and when you'll have in-person visits
- What holidays or special occasions might include contact
You get to choose the perfect family for your child based on their openness to the level of contact you want.
Browse waiting family profiles to see families who are eager to create a meaningful relationship with you.
What Happens If an Open Adoption Agreement Is Broken?
Maryland is one of the states where open adoption agreements are enforceable in court. If the adoptive family stops following the agreement, you can ask a judge to require them to follow it.
The adoption itself stays in place—it can't be undone. But the judge can make sure the family keeps their promises about contact.
If contact stops, here's what can happen:
- Mediation First: American Adoptions encourages mediation as the first step. Often, families just need help communicating or adjusting expectations as circumstances change.
- Court Petition: If mediation doesn't resolve the issue, you can file a petition with the court to enforce the agreement. The judge will review the original terms and determine if the adoptive family is in breach.
- Continued Support: Your adoption specialist at American Adoptions remains available to help facilitate communication and resolve conflicts, even years after placement.
The reality is that most open adoption relationships thrive without legal intervention.
When you work with American Adoptions, you'll get personal care you deserve from your adoption specialist so that you feel safe during your journey. We help both sides communicate openly and adjust expectations as your child grows.
How to Choose the Right Family in an Open Adoption
You have control over every aspect of the adoption process, starting with selecting your child's family. This isn't a decision anyone makes for you.
Here's how it works:
- Review Family Profiles: Each waiting family creates a detailed profile showing their home, values, parenting philosophy, and openness to contact. You'll see photos of their daily lives and learn what makes them unique.
- Communication Begins: Once you find a family that feels right, you can start building a relationship before your baby is born. Many birth mothers exchange texts, phone calls, or even meet in person during pregnancy.
- Discuss Contact Expectations: During these early conversations, you'll talk openly about what kind of relationship you want after placement.
This is when you shape your open adoption agreement together.
American Adoptions works with families across Maryland and beyond who are committed to honoring open adoption agreements. Every family in our program agrees to some degree of openness, and we require families to be open to at least one in-person visit within the first five years of the child's life.
Whether you're in Baltimore, Silver Spring, Frederick, or anywhere else in Maryland, you can give your baby up for adoption and maintain the connection that feels right for you.
The Role of American Adoptions in Your Open Adoption Journey
American Adoptions acts as your advocate and mediator throughout the entire process and beyond.
Here's what sets us apart:
- Before Placement: Your adoption specialist helps you articulate what kind of contact you want and matches you with families who share that vision. We facilitate conversations so everyone enters the adoption with clear expectations.
- Creating the Agreement: We work with you and the adoptive family to create a Post-Adoption Contact Agreement that reflects your wishes.
- After Placement: Your relationship with American Adoptions doesn't end when the adoption is finalized. We remain a resource for both you and the adoptive family. If communication breaks down or expectations need adjusting, we're here to help.
- Ongoing Support: We offer post-adoption counseling and support to help you navigate the emotions that come with life after adoption. Many birth mothers find that talking with someone who understands the adoption experience helps them process their feelings.
You'll also receive financial assistance for living and medical expenses during your pregnancy.
Why So Many Birth Parents Feel Open Adoption Is Right for Them
Open adoption has become the preferred choice for the vast majority of birth parents who choose adoption. The reasons are deeply personal but often include:
Many birth mothers find that maintaining contact helps them heal and process the complex emotions that come with placement.
You can focus on your goals and dreams, knowing your child will have all the opportunities in the world with a wonderful family.
Maryland-Specific Considerations for Open Adoption
Understanding Maryland adoption laws helps you make informed decisions about your adoption plan.
- Consent Timing: In Maryland, you can sign consent for adoption at any time after your baby is born. This gives you the flexibility to make this decision when you feel ready.
- Revocation Period: Once you sign consent in Maryland, you have 30 days to change your mind for any reason. After that 30-day period, consent becomes final except in cases of fraud or duress. This permanency protects your child's placement and gives the adoptive family security.
- Legal Framework: Maryland law specifically allows for Post-Adoption Contact Agreements to be part of the adoption decree, making them enforceable if necessary. This legal protection is why working with an experienced, licensed agency matters.
- Statewide Services: Whether you're pregnant in Maryland and live in the Baltimore metro area or in more rural parts of Western Maryland or the Eastern Shore, American Adoptions provides the same comprehensive services. We work with families throughout the United States, so your geographic location doesn't limit your family choices.
Every situation is unique. That's why American Adoptions offers free consultations with adoption specialists who understand Maryland law and can answer your specific questions.
Start Your Open Adoption Journey with American Adoptions
You don't have to have everything figured out right now.
Many women considering adoption feel overwhelmed by emotions, logistics, and uncertainty. That's exactly why we're here.
Fill out our contact form today to get the support you deserve from an adoption specialist, or call 1-800-ADOPTION to speak with someone right now.
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