Open adoption agreements in Nevada are legally enforceable in some cases, which means you can take adoptive parents to court if they stop sending updates or allowing visits.

However, the vast majority of open adoptions succeed not because of legal contracts, but because they're built on mutual respect, clear communication, and the support of a trusted adoption agency that helps maintain those relationships over time.

Below, we'll explain exactly how open adoption agreements work in Nevada, what happens if contact stops, how to choose an adoptive family you can trust, and how American Adoptions helps protect your connection with your child—even without legal enforcement.

Are Open Adoptions Legally Enforceable in Nevada?

Yes, in some cases Nevada can legally enforce post-adoption contact agreements (PACAs).

This means that if you and the adoptive family agree to exchange letters, photos, or have visits after placement, and they later stop honoring that agreement, you can take them to court and the court can require families to allow contact, although this does not change their legal status as parents.

Why Nevada Law Works This Way:

Once an adoption is finalized, the adoptive parents have full legal custody and parental rights, but PACAs are put into place to allow for continued contact for an important relationship between birth parents and their children.

Here's the Reality:

While this might sound reassuring if you’re worried about losing contact, legal enforcement isn’t usually necessary. In fact, in our experience as an agency, the vast majority of open adoptions work because they're based on relationship and trust—not legal obligation.

When adoptive families voluntarily agree to openness and are supported by a reputable agency, they follow through at very high rates. The key is choosing the right family from the start and working with an agency that facilitates healthy, lasting connections.

Open Adoption Agreements Explained: What They Mean for You

Even though open adoption agreements are legally binding in Nevada, they're mostly used as a way to set relationship expectations early.

What Is an Open Adoption Agreement?

An open adoption agreement is a written or verbal understanding between you and the adoptive family about what kind of contact will happen after placement. This can include:

• Letters and photos: Sent directly or through the agency at agreed-upon intervals (monthly, quarterly, annually)
• Text messages or emails: Ongoing communication between you and the adoptive parents
• Phone or video calls: Scheduled conversations to stay connected
• In-person visits: Meeting up to spend time together with your child

What Does the Agreement Cover?

Your open adoption agreement outlines:

• How often contact will happen
• What type of contact (digital, letters, visits)
• Who initiates contact (you, them, or both)
• Boundaries and expectations (e.g., advance notice for visits, privacy preferences)

Why It Matters

Open adoption agreements set expectations from the beginning. They create a roadmap for how the relationship will work, which helps both parties feel secure and respected. Most adoptive families honor these agreements because they genuinely value your role in their child's life—not because they're legally required to.

Learn more about the pros and cons of open adoption.

What Happens If an Open Adoption Agreement Is Broken?

If the adoptive family stops following your open adoption agreement, you have legal recourse in Nevada—but it is usually used as a last resort.

Here's What You Can Do:

1. Contact Your Adoption Agency

If you worked with American Adoptions, reach out to your adoption specialist. We can:

• Mediate conversations between you and the adoptive family
• Help identify what's causing the breakdown (miscommunication, life circumstances, boundary issues)
• Work to re-establish contact if both parties are willing

2. Request Mediation

Sometimes, contact stops not because of ill intent, but because life gets complicated. Mediation can help both parties communicate their needs and find a path forward.

3. Legal Action

While you technically can petition a court, Nevada judges may not always enforce open adoption agreements. The court's priority is the child's best interest and stability, and generally it is a best practice to try your best to communicate and repair the relationship without legal steps.

How to Choose the Right Family in an Open Adoption

Since legal action is a last resort, the most important protection is choosing a family you trust from the beginning.

Here's How to Vet Adoptive Families:

1. Look for Families Who Prioritize

Openness When browsing profiles, pay attention to how families talk about open adoption:

• Do they mention it enthusiastically, or does it feel like an afterthought?
• Have they educated themselves about open adoption?
• Do they have realistic expectations about what it involves?

2. Ask Direct Questions

During your first conversations, ask:

• "Why is open adoption important to you?"
• "How do you envision staying in touch after placement?"
• "Have you talked to other adoptive families who have open adoptions?"
• "What would you do if staying in contact became difficult?"

3. Trust Your Gut

If something feels off—if they seem reluctant, dismissive, or overly controlling—listen to that instinct. You deserve a family who genuinely values you, not just one who sees openness as a hoop to jump through.

4. Work With American Adoptions

We pre-screen all adoptive families and ask them to commit to at least some level of openness, including an in-person visit within the first five years of the child's life. This means the families you're choosing from have already agreed to prioritize connection.

View waiting families open to open adoption.

The Role of American Adoptions in Your Open Adoption Journey

American Adoptions plays a critical role in supporting and protecting your open adoption relationship.

Here's How We Help:

Before Placement:

• We only work with families who agree to some level of openness
• We help you create a detailed adoption plan that outlines contact expectations
• We facilitate initial meetings so you can get to know the adoptive family

After Placement:

• We act as a mediator if communication breaks down
• We provide counseling to help you navigate the emotional complexities of open adoption
• We check in with both parties to ensure the relationship is healthy and sustainable

Our Commitment: All of our adoptive families commit to being open to ongoing contact and agree to at least one in-person visit within the first five years of the child's life. This isn't a legal requirement—it's a value-based standard we hold our families to.

We've helped countless birth parents and adoptive families work through misunderstandings, set boundaries, and maintain connection over the years.

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

Open adoption remains the most popular choice among birth parents—and for good reason.

Benefits for Birth Parents:

• Peace of mind: You know your child is safe, loved, and thriving because you see it with your own eyes
• Ongoing connection: You don't have to wonder "what if" or grieve in isolation—you're part of your child's story
• Emotional healing: Birth parents in open adoptions experience less regret and more closure than those in closed adoptions
• Identity clarity for the child: Your child grows up knowing who you are and why you made your decision, which can reduce identity struggles later

Benefits for Your Child:

• Medical history access: Adoptive parents can get updated health information directly from you
• Sense of identity: Children in open adoptions tend to have fewer questions about their origins
• Expanded support network: Your child benefits from more people who love them

The Reality: Most adoptive families honor open adoption agreements because they see the value for everyone involved—especially their child. When you choose a family who genuinely embraces openness, legal enforcement becomes unnecessary.

Real Stories: Open Adoption from a Birth Mother's Perspective

Start Your Open Adoption Journey with American Adoptions

If you're considering open adoption but worried about what happens if contact stops, you're not alone. It's a valid concern.

But here's what we know: when you choose the right family, set clear expectations, and work with an agency that supports you long-term, open adoption works.

We're here to help you find a family you can trust, create an adoption plan that protects your connection, and support you through every stage of your journey—before, during, and after placement.

Let's find the family who's right for you and your baby. We're ready when you are.

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