Are Open Adoptions Legally Enforceable in Minnesota?
Open adoption allows you to stay connected with your child after placement. After choosing an adoptive family for your baby, you'll set up a post-adoption contact agreement and get it approved by a court. This step ensures your agreement is legally enforceable.
Below, we’ll cover how open adoption agreements hold up in court in Minnesota, what rights that birth parents have in an open adoption and the role American Adoptions plays in supporting your journey. If you'd like more personalized guidance, fill out our form to get free information or call 1-800-ADOPTION to connect with an adoption specialist.
Are Open Adoptions Legally Enforceable in Minnesota?
Yes, open adoptions are legally enforceable in Minnesota when the contact plan is included in a written court order before the adoption becomes final. Minnesota is one of the handful of states that legally enforce open adoption arrangements.
In private adoption, birth parents and adoptive parents can create a post-adoption contact agreement that spells out plans for ongoing communication. For the agreement to be legally binding, both the adoptive parents and birth parents must agree to it in writing. A judge will then review the plan and confirm it's in the child's best interests.
What's Included in an Open Adoption Agreement? Here's What You Should Know
An open adoption agreement is a plan that describes how you, the adoptive family and your child will stay connected after the adoption. These agreements can include different types of contact, such as:
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Exchanging letters and photos through the adoption agency
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Phone calls or video chats at scheduled times
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Annual or semi-annual in-person visits
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Text messages or emails with updates
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Attendance at special events like birthdays or school performances
The rights that birth parents have in an open adoption depend entirely on what's written in the post-adoption contact agreement. That's why it's so important to be clear about your wishes during the planning process. A well-crafted agreement protects your ability to maintain a relationship with your child and gives the adoptive family clear expectations.
What Happens if Adoptive Parents Don’t Follow the Open Adoption Plan?
If adoptive parents stop following the terms of a court-ordered post-adoption contact agreement, you do have legal options in Minnesota. You can ask the court to step in and enforce the agreement.
However, before you do that, you'll need to show that you've tried to work things out first — usually through mediation. Mediation is when a neutral third party helps both families talk through the issue and find a solution. If mediation doesn't work, or if both families already agree on how to fix the problem, you can then take it to court.
Finding the Right Match: Choosing an Open Adoption Family
In an open adoption, you get to look through adoptive family profiles that include photos and letters about each family's lifestyle.
Think about what kind of family you want for your baby. Are shared values important to you? What about their parenting style? You'll also want to consider what kind of ongoing relationship feels right to you. For instance, if you want to visit occasionally, you may want to find a family that lives in the same state.
Once you've narrowed down your choices, you'll have the opportunity to meet your baby’s potential adoptive family. This is your chance to ask questions and share your hopes for contact. Building a relationship with the adoptive family before placement helps create a foundation of trust.
How American Adoptions Supports Your Open Adoption Experience
American Adoptions supports expectant parents every step of the way. When it comes to open adoption, we work with you to identify your hopes for contact and help you find the right adoptive family.
All of the families we work with have agreed to some level of openness. We ask our adoptive families to be open to sending photos and letters and scheduling at least one in-person visit within the first five years of the child's life.
We also act as a mediator if any issues come up after placement. If communication becomes difficult, or if someone isn't following through on the contact plan, we're here to help facilitate conversations and find solutions that work for everyone.
The Benefits of Open Adoption for Birth Parents and Adopted Children
For many birth parents, staying connected to their child brings peace of mind. You get to see your child grow up and maintain a relationship that can be meaningful for both of you.
For children, open adoption can help answer questions about their origins and identity. They grow up knowing they were loved by their birth family and chosen by their adoptive family. This understanding can reduce feelings of loss or confusion that sometimes accompany adoption.
Of course, open adoption isn't without challenges. It requires ongoing communication, flexibility and emotional resilience. There will be hard moments. But for many birth parents, the ability to stay connected and see your child thrive can be deeply healing.
Real Open Adoption Stories From Birth Mothers
Hearing from other birth mothers who've chosen open adoption can help you understand what the experience is really like.
Randi
Randi placed her daughter, Juniper, for adoption and has maintained a close relationship with the adoptive family ever since. She was drawn to Matthew and Katheryn because they made it clear they'd be open to contact and would always tell Juniper that Randi loved her.
They made themselves available with weekly phone calls during Randi's pregnancy, and when Randi was seven months along, they traveled to meet her in person. After Juniper was born, they exchanged emails and texts.
Caitlin
Caitlin knew adoption was right for her from the beginning. She was already raising a son and had plans to go back to school and further her career. When she found Matt and Amanda's profile, she was excited to see their tight-knit extended family. With almost six months between her match and her due date, Caitlin had time to really get to know them through daily emails and texts.
When Caitlin was induced for delivery, Amanda and Matt were there. Now, they update each other about every other day and video-chat when they can.
Ready to Begin? Start Your Open Adoption Journey With American Adoptions
Now that you know whether open adoption is legally enforceable in Minnesota, you might be ready to take the next step.
American Adoptions is here to answer your questions, walk you through the legal process and connect you with open adoption families. To get in touch, fill out our form or call 1-800-ADOPTION. Our adoption specialists are here to listen without judgment and help you figure out what comes next.
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