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Are Open Adoptions Legally Enforceable in North Carolina?

When you’re considering adoption, knowing what your future relationship with your child might look like is essential. For many expectant parents, open adoption offers the reassurance of ongoing connection — through letters, photos, calls or in-person visits.

But what if North Carolina isn’t one of the states that legally enforce open adoption? Can you still maintain a connection with your baby?

Below, we cover whether open adoptions are legally enforceable in North Carolina, what your options are if contact plans shift over time and how to choose the right open adoption family. If you’d like to learn more about the adoption process, fill out our form today. You can also call 1-800-ADOPTION to speak with one of our experienced specialists.

Understanding Whether Open Adoptions Are Legally Enforceable in North Carolina

In North Carolina, open adoption is permitted. State law says that expectant parents and prospective adoptive parents can create a post-adoption contact agreement about visitation, communication and other contact after the adoption is finalized. However, these open adoption agreements cannot hold up in court.

What does this mean for you? Most adoptive families who commit to open adoption follow through because they genuinely believe in it, not because the law requires them to. When you work with an agency like American Adoptions that carefully screens families and prioritizes open adoption, you're much more likely to build a relationship that lasts.

Breaking Down Open Adoption Agreements: What You Need to Know

Even though you can't enforce an open adoption if the adoptive family stops contact in North Carolina, creating this agreement is still incredibly valuable. It helps both you and the adoptive family start your relationship with clear expectations about what your relationship will look like.

Your post-adoption contact agreement can include any type of communication that feels right for both of you, such as:

  • Photo and letters

  • Phone calls

  • Video chats

  • In-person visits

  • Social media

Remember: These agreements can evolve over time. Life changes, and that's okay. A healthy open adoption relationship often adjusts naturally based on what feels right for the child and everyone involved.

What Happens if Adoptive Parents Don’t Follow the Open Adoption Plan?

If the adoptive family stops following your post-adoption contact agreement, you can't take legal action in North Carolina to enforce it. However, many adoption agencies, including American Adoptions, offer mediation services when communication breaks down. A mediator can help both sides work through misunderstandings and find solutions that feel right for everyone.

Adoptive families working with reputable agencies understand the importance of these relationships. They've been counseled on the benefits of open adoption and have committed to it as part of their journey. While circumstances can sometimes change, most families honor their commitments because they genuinely believe it's best for their child.

Finding the Right Open Adoption Family for Your Baby

One of the most powerful aspects of adoption today is that you get to choose your child's adoptive family. When you work with American Adoptions, you'll browse family profiles from hopeful parents across the country.

As you review profiles, pay attention to how families talk about open adoption. Do they seem genuinely excited about maintaining contact? Do their openness preferences align with what you're hoping for?

Once you find a family that feels right, you can meet them in person, by phone or by video chat. This is your chance to ask questions, share your hopes for the future and start building a relationship. Be honest about what you're envisioning for contact after placement. The more openly you communicate now, the stronger foundation you'll have moving forward.

How American Adoptions Supports Your Open Adoption

American Adoptions is here to support you through every step of your adoption journey, and that includes helping you create and maintain a healthy open adoption relationship.

That starts with our families. Every adoptive family working with us commits to open adoption. They agree to send photos and letters and be open to at least one in-person visit within the first five years of your child's life.

It continues with our support. Our team includes experienced adoption specialists who can guide you through finding families whose values align with yours, drafting a post-adoption contact agreement that reflects your wishes and accessing mediation services if communication challenges arise.

The Benefits of Open Adoption

When you consider the open adoption pros and cons, many birth parents find that the benefits far outweigh the challenges:

For you as a birth parent:

  • You'll receive updates and see how your child is growing.

  • You can answer questions your child may have about their story.

  • You can maintain a meaningful connection rather than wondering "what if."

  • Your grief may be easier to process when you maintain contact.

For your child:

  • They'll grow up understanding their adoption story.

  • They'll know they were loved by two families.

  • They'll have access to medical history and genetic information.

  • They'll be able to ask questions and form their own relationship with you over time.

Of course, open adoption isn't without its challenges. Navigating relationships can be complicated; boundaries need to be respected and emotions can run high at times. But for most families, these challenges are manageable and worthwhile.

Real Open Adoption Experiences

While every open adoption story is unique, common themes emerge: hope, healing, love and the profound gift of knowing your child is thriving.

Angelica

Angelica was 20 years old and already raising two young boys when she found out she was pregnant with a girl. She placed her daughter for adoption and has maintained a close relationship with her daughter's adoptive parents, Keith and Jenn.

Looking back on her decision, she has no regrets about choosing openness. Her daughter's adoptive parents have welcomed her into their lives with open arms, respecting her role and honoring their commitment to ongoing contact.

"They would never want to keep her from me because they just said I gave them the most precious gift they could ever have. I know that she's going to have the best life she could ever have. I don't ever want anything to stand in her way, and I know she has two people that she can look up to."

- Birth Mother Angelica

Read more of Angelica’s story.

Caitlin

Caitlin was already raising a son and planning to go back to school when she found out she was pregnant. She chose adoption for her son and has maintained an open relationship with his adoptive family, Matt and Amanda. The ongoing contact has brought her immense peace and joy, even as she acknowledges the emotional complexity of the situation.

"Knowing that I can be around and be there — I don't even know how to put it into words… I'm like a cheerleader on the sideline, and that's more than I could have asked for. He gets this family who can take care of him and do everything I couldn't, but he can also know that I didn't just give him away. I had a purpose for him, and it was meant to be."

- Birth Mother Caitlin

Read more of Caitlin’s story.

Take the First Step in Your Open Adoption Journey

At American Adoptions, we believe every child deserves to know their story and every birth parent deserves peace of mind. We carefully screen our adoptive families to ensure they're committed to openness, and we provide ongoing support to help these relationships flourish.

You don't have to navigate this journey alone. Whether you're just starting to explore adoption or you're ready to take the next step, we're here to provide information, answer your questions and support you every step of the way.

Fill out our form to get free information and connect with an adoption specialist who can help you create a bright future for you and your baby.

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