If you're considering open adoption, one of your biggest concerns is probably whether the adoptive family will keep their promises about staying in touch. You want to know: are open adoptions legally enforceable in Michigan? Can you take legal action if contact stops?

The answer is no. Michigan does not have laws that make open adoption agreements legally enforceable. However, this doesn't mean open adoption is just a handshake deal with no protection.

American Adoptions works exclusively with families who genuinely embrace openness and are committed to maintaining contact. We carefully screen families, facilitate communication, and provide mediation if issues arise—helping ensure that open adoption relationships remain healthy and sustainable.

Get free information today to learn how American Adoptions supports open adoption and helps you choose a family that will honor their commitment to you.

This article will explain Michigan's laws around open adoption, what happens if contact breaks down, and how American Adoptions protects your interests even without legal enforceability.

Exciting news: We are in process of becoming licensed in Michigan. Coming Soon!

Are Open Adoptions Legally Enforceable in Michigan?

According to the Child Welfare Information Gateway, Michigan does not have statutes that make post-adoption contact agreements (PACAs) legally enforceable between birth parents and adoptive families in private domestic infant adoption.

What this means:

When you create an open adoption agreement with an adoptive family in Michigan, that agreement is based on good faith and mutual commitment—not legal obligation. You cannot:

• File a lawsuit to enforce contact if the adoptive family stops communicating
• Petition the court to require visits if they're not happening
• Use legal action to compel the family to follow the agreement

Why Michigan doesn't enforce open adoption agreements:

Michigan law, like many states, prioritizes the finality and permanency of adoption. Once an adoption is finalized, the adoptive parents have full parental rights and authority to make decisions about their child—including decisions about contact with birth family members.

Courts in Michigan have historically been reluctant to interfere with adoptive parents' authority or to create ongoing legal relationships that could be seen as undermining the permanency of adoption.

States that do enforce open adoption agreements:

Some states have laws that make post-adoption contact agreements legally enforceable under certain conditions. These states include:

• Alaska
• Arizona
• California
• Colorado
• Connecticut
• Florida
• Indiana
• Louisiana
• Maryland
• Massachusetts
• Minnesota
• Montana
• Nebraska
• New Hampshire
• New Mexico
• New York
• Ohio
• Oklahoma
• Oregon
• Rhode Island
• South Dakota
• Texas
• Vermont
• Washington
• West Virginia

Even in these states, enforcement typically applies only to agreements made through the foster care system or in cases where parental rights were involuntarily terminated—not always to private infant adoptions like those facilitated by American Adoptions.

You can review your state's specific laws through the Child Welfare Information Gateway state-by-state resources.

Open Adoption Agreements Explained: What They Mean for You

Even though open adoption agreements aren't legally enforceable in Michigan, they're still meaningful documents that outline expectations and help build trust between birth families and adoptive families.

What open adoption agreements typically include:                              

An open adoption agreement outlines the type and frequency of contact you and the adoptive family have agreed upon. This might include:

Photos and updates:

• How often (monthly, quarterly, annually)
• What format (printed photos mailed through the agency, digital photos via email, shared albums)
• What information will be shared (milestones, daily life, special events)

Letters or messages:

• Frequency and format
• Whether communication is direct or goes through the agency
• Expected response times

Phone or video calls:

• How often
• Who initiates
• Whether calls are scheduled or spontaneous

In-person visits:

• Frequency (annually, on birthdays, multiple times per year)
• Location (adoptive family's home, neutral location, your area)
• Duration and format
• Who attends (just you, extended family members, the child)

Special occasions:

• Birthday acknowledgments
• Holiday contact
• Major milestones (first day of school, graduations, etc.)

What open adoption agreements don't include:

These agreements don't give you any legal rights to:

• Make decisions about the child's upbringing
• Have custody or visitation rights
• Override the adoptive parents' authority
• Interfere with the adoptive family's life

The adoptive parents are the legal parents with full parental rights. The agreement simply outlines how you'll maintain a relationship within the boundaries everyone has agreed upon.

What Happens If an Open Adoption Agreement Is Broken?

If the adoptive family reduces contact or stops communicating altogether, you don't have legal recourse in Michigan, but you do have options.

Mediation through American Adoptions:

The first step is to reach out to your adoption specialist. American Adoptions provides mediation services to help address breakdowns in communication. We can:

• Contact the adoptive family to understand what's happening
• Facilitate conversations about concerns from both sides
• Help renegotiate the agreement if circumstances have changed
• Provide counseling support to both parties
• Work toward restoring contact in a way that feels comfortable for everyone

Many times, contact breaks down not because the family doesn't care, but because of:

• Life changes (moves, job changes, new babies, illness)
• Misunderstandings about expectations
• Discomfort with the level of openness
• Uncertainty about how to maintain the relationship

Mediation can often resolve these issues and get the relationship back on track.

When mediation doesn't work:

If the adoptive family refuses to engage in mediation or is unwilling to maintain any contact, you don't have legal options to force them. This is the reality of non-enforceable open adoption agreements.

However, this is rare when you work with American Adoptions. Our screening process specifically evaluates families' commitment to openness, and we only work with families who genuinely embrace it. Most families understand that open adoption benefits their child and are committed to honoring their agreements.

Protecting yourself:

The best protection against broken promises is choosing the right family from the beginning. This is why the family selection process is so important—and why American Adoptions invests significant time helping you find open adoption families who truly understand and value openness.

How to Choose the Right Family in an Open Adoption

Since open adoption agreements aren't legally enforceable in Michigan, choosing a family that genuinely embraces openness is critical. Here's how to identify families who will follow through on their commitments.

Review family profiles carefully:

When you browse adoptive family profiles, pay close attention to:

How they talk about openness: Do they seem genuinely enthusiastic about maintaining contact, or does it feel like they're only willing to consider it? Look for families who express understanding of why openness matters and who seem excited about building a relationship with you.

Their openness preferences: Profiles typically indicate what level of contact the family prefers. Make sure their preferences align with yours. Don't choose a family who prefers minimal contact if you want an ongoing relationship.

Whether they've educated themselves: Families who have read about open adoption, attended workshops, or spoken with other adoptive families in open adoptions tend to be more committed and better prepared.

Ask questions during matching:

Before committing to a family, have conversations where you ask:

• Why do you want an open adoption?
• How do you plan to talk to our child about me and their adoption story?
• What concerns do you have about openness, and how do you plan to address them?
• Have you talked to other families in open adoptions? What did you learn?
• How will you maintain contact during busy or difficult times?

The family's answers will give you insight into their true commitment. Families who have thought deeply about these questions and have concrete plans are more likely to follow through.

Look for emotional intelligence:

Choose families who demonstrate:

• Empathy for your situation and feelings
• Understanding that open adoption requires ongoing effort
• Willingness to communicate openly about concerns
• Flexibility to adjust the relationship as needed
• Respect for boundaries

Building a relationship with your adoptive family during pregnancy can also help you assess their commitment and develop trust before placement.

Trust your instincts:

If something feels off about a family's commitment to openness, listen to that feeling. You deserve a family who will honor their promises to you. Don't settle for a family you're uncertain about just because they seem perfect in other ways.

The Role of American Adoptions in Your Open Adoption Journey

American Adoptions plays a crucial role in supporting open adoption—even though we can't provide legal enforcement, we can provide something equally valuable: careful screening, ongoing support, and mediation when challenges arise.

How we screen families for openness:

Every family in American Adoptions' program must demonstrate genuine commitment to open adoption. We require:

Stated openness preference: Families must indicate their willingness to maintain contact and their preferred level of openness.

Open adoption education: Families complete training specifically about open adoption, including understanding birth parent perspectives, managing ongoing relationships, and talking to children about adoption.

Minimum contact commitment: All American Adoptions families commit to at least some level of ongoing contact and at least one in-person visit within the first five years of the child's life. This ensures that every family in our program embraces openness as a core value, not just a requirement they're willing to tolerate.

Home study evaluation: During the home study process, social workers assess families' readiness for open adoption and their ability to maintain healthy boundaries while honoring commitments.

How we facilitate communication:

Throughout your open adoption relationship, American Adoptions can:

• Serve as an intermediary for communication if you prefer semi-open contact
• Facilitate initial meetings between you and the adoptive family
• Help establish communication schedules and expectations
• Provide guidance when questions or concerns arise
• Offer mediation if the relationship becomes strained

Ongoing support for both parties:

We provide counseling and support not just to birth mothers, but also to adoptive families. This helps both sides navigate the challenges of open adoption and maintain healthy relationships over time.

Our goal is to set everyone up for success and provide the support needed to make open adoption work—even without legal enforceability.

You can learn more about trust in open adoption and how relationships develop over time.

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

Despite the lack of legal enforceability, most birth mothers choose open adoption because the benefits far outweigh the risks.

Benefits for birth mothers:

Ongoing connection: You get to see your child grow and know they're happy and loved. This can bring tremendous peace and help with healing after placement.

Reduced grief and anxiety: Many birth mothers report that seeing photos and receiving updates reduces the intense wondering and worrying they might otherwise experience. You don't have to imagine how your child is doing—you can see it.

Relationship with the child: In fully open adoptions, you can develop a meaningful relationship with your child over time. Many children in open adoption grow up with a healthy understanding of their adoption story and appreciation for their birth mother's love.

Input on important matters: While you don't have decision-making authority, many adoptive families value your input on things like cultural connections, family health history, and understanding your child's personality traits.

Benefits for the child:

Research shows that open adoption often benefits adopted children by:

• Reducing identity confusion and helping them understand their story
• Providing access to medical history and family information
• Normalizing adoption and reducing feelings of rejection
• Allowing them to know their birth family as real people, not just ideas

Benefits for adoptive families:

Adoptive parents benefit from:

• Access to important medical and family history information
• Ability to answer their child's questions about their birth family
• Deeper understanding of their child's heritage and identity
• Reduced fear and anxiety about the unknown

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

Start Your Open Adoption Journey with American Adoptions

Are open adoptions legally enforceable in Michigan? No—but that doesn't mean open adoption is risky or that you have no protection.

American Adoptions carefully screens families for their commitment to openness, provides ongoing support and mediation, and works with you to choose a family that will honor their promises. While we can't offer legal enforcement, we can offer something equally valuable: a proven track record of successful open adoptions and dedicated support throughout your journey.

Contact American Adoptions today to learn more about open adoption in Michigan and how we help ensure that birth mothers and adoptive families build lasting, meaningful relationships.

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