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Are Open Adoptions Legally Enforceable in Ohio?

If you're considering an open adoption in Ohio, you might be wondering whether the adoptive family can be legally required to honor the contact agreement you create together. It's a fair question—and one that deserves a straightforward answer.

The reality is that Ohio does not legally enforce open adoption agreements. This doesn't mean open adoption is risky or that families routinely break their promises. In fact, most adoptive families who commit to open adoption follow through because they understand how important these connections are for everyone involved—especially the child.

Get free information about open adoption in Ohio and how American Adoptions helps you find families committed to honoring their promises.

In this guide, we'll explain what open adoption agreements mean, what happens if they're broken, how to choose a family you can trust, and how American Adoptions supports you throughout your open adoption journey.

Are Open Adoptions Legally Enforceable in Ohio?

No, open adoption agreements are not legally enforceable in Ohio. According to Ohio Revised Code § 3107.65, post-adoption contact agreements are voluntary and non-binding. This means that even if you and the adoptive family sign a detailed agreement outlining how often you'll receive photos, letters, or visits, that agreement cannot be enforced in court.

If the adoptive family decides to reduce or stop contact after the adoption is finalized, you have no legal recourse to compel them to honor the agreement. Any party to the agreement can discontinue communication at any time and for any reason.

However, it's important to understand what this really means in practice. While Ohio law doesn't provide enforcement mechanisms, the vast majority of adoptive families honor their commitments. They choose open adoption because they believe it's best for their child, and they understand that maintaining a relationship with you is part of that commitment.

When you work with American Adoptions, you're not just creating an agreement on paper—you're building a relationship with a family who has been carefully screened and educated about the importance of openness. We help facilitate these connections and provide ongoing support to ensure both parties feel heard, respected, and supported throughout the adoption journey and beyond.

Open Adoption Agreements Explained: What They Mean for You

An open adoption agreement is a written document that outlines the type and frequency of contact you'll have with the adoptive family and your child after placement. These agreements are created during the planning phase of adoption, before you give birth, and reflect the preferences of both you and the adoptive family.

Common elements of open adoption agreements include:

  • Photos and letters: Many agreements specify how often the adoptive family will send updates—monthly, quarterly, or annually
  • Phone or video calls: Some birth parents prefer regular check-ins via phone, text, or video chat
  • In-person visits: Visits might happen once or twice a year, on birthdays, or around holidays
  • Social media contact: Some families stay connected through private social media groups or shared photo albums
  • Gift exchanges: Some agreements allow birth parents to send birthday or holiday gifts

The level of openness is entirely up to you and the adoptive family. There's no one-size-fits-all approach. Some birth mothers prefer minimal contact—maybe just annual photos and letters. Others want frequent communication and regular visits. Finding the right family means finding people whose vision for openness matches yours.

It's worth noting that open adoption agreements can evolve over time. What feels right when your baby is an infant might change as they grow older. Many families and birth parents adjust their contact arrangements as needs and circumstances shift. The key is maintaining open communication and a willingness to be flexible.

What Happens If an Open Adoption Agreement Is Broken?

If an adoptive family stops honoring the contact agreement, you have limited legal options in Ohio since these agreements are not enforceable by law. However, that doesn't mean you're without recourse.

Here's what you can do:

Reach out directly: Sometimes contact lapses due to busy schedules, life changes, or misunderstandings rather than intentional disregard. A respectful conversation can often resolve the issue.

Request mediation through your agency: American Adoptions offers ongoing support and mediation services if issues arise in your open adoption relationship. We can facilitate conversations between you and the adoptive family to address concerns, clarify expectations, and work toward solutions that honor everyone's needs.

Seek counseling support: If the loss of contact is causing emotional distress, working with a counselor who specializes in adoption-related emotions can help you process your feelings and decide how to move forward.

While you cannot petition the court to enforce contact, mediation through American Adoptions has helped many birth mothers and adoptive families work through challenges and restore healthy communication. The goal is always to prioritize the child's best interests while respecting the needs and boundaries of both families.

How to Choose the Right Family in an Open Adoption

One of the most important decisions you'll make in your adoption journey is selecting the adoptive family. When you're hoping for an open adoption, this choice becomes even more significant—you're not just choosing parents for your baby, you're choosing people you'll have an ongoing relationship with.

Here's how to find a family you can trust:

Review family profiles carefully: American Adoptions provides access to hundreds of approved family profiles. These profiles include information about the family's values, lifestyle, parenting philosophy, and their openness to contact. Pay attention to how they describe their vision for open adoption and whether it aligns with yours.

Ask questions during the matching process: Don't be afraid to ask direct questions about their commitment to openness. How do they feel about visits? Are they comfortable with social media contact? What happens if circumstances change? Their answers will give you insight into their intentions and flexibility.

Look for families who value open adoption: Choose a family that doesn't just tolerate openness but genuinely believes it benefits the child. Families who understand the research on open adoption and who approach it with enthusiasm are more likely to honor their commitments long-term.

Trust your instincts: Sometimes, you just know when a match feels right. If you feel comfortable with a family and believe they'll respect your relationship, that gut feeling matters. Building a relationship with the adoptive family before placement helps you gauge whether you can trust them to follow through.

Discuss expectations clearly: Before placement, have honest conversations about what openness looks like for both of you. Be specific about your hopes for contact, and listen to their perspective as well. Creating a detailed agreement that reflects mutual understanding reduces the likelihood of miscommunication later.

Remember, the families American Adoptions works with have been thoroughly vetted and educated about the importance of open adoption. They're not entering into this lightly—they're committed to honoring the role you'll play in your child's life.

The Role of American Adoptions in Your Open Adoption Journey

American Adoptions is committed to supporting birth mothers throughout their open adoption journey—not just during the placement process, but for as long as you need us. Here's how we help:

Matching with committed families: We only work with adoptive families who are open to some degree of contact. In fact, we require all of our families to be open to at least an in-person visit within the first five years of the child's life. This ensures that the families in our network are genuinely committed to openness, not just tolerating it.

Creating clear agreements: Before placement, we help you and the adoptive family create a detailed open adoption agreement that outlines expectations for contact. While these agreements aren't legally enforceable in Ohio, putting everything in writing helps both parties understand and honor their commitments.

Ongoing mediation: If issues arise after placement—whether it's missed contact, miscommunication, or changing circumstances—we step in to mediate. We facilitate conversations, help resolve conflicts, and work toward solutions that prioritize the child's well-being while respecting everyone's needs.

Emotional support: Open adoption brings unique joys and challenges. Our counselors specialize in helping birth mothers navigate the emotional complexities of maintaining contact with their child and the adoptive family. We're here to support you through the highs and lows.

Lifelong availability: Even years after placement, you can reach out to American Adoptions if you need support, have questions, or want help addressing concerns in your open adoption relationship. You're always part of our community.

We believe that trust in open adoption is built through relationships, not just legal documents. By working with families who share your values and providing ongoing support, we help create the foundation for healthy, lasting connections.

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

Open adoption has become increasingly common in recent years, and research shows it offers significant benefits for birth parents, adoptive families, and—most importantly—children.

Here's why many birth mothers choose open adoption:

Peace of mind: Knowing your child is safe, loved, and thriving brings immense comfort. Receiving photos, updates, or visits allows you to see firsthand that your baby is doing well.

Ongoing connection: Open adoption allows you to maintain a relationship with your child and watch them grow up. You don't have to wonder what they look like or whether they remember you—you can be part of their story.

Reduced grief and regret: Studies show that birth mothers in open adoptions often experience less grief and anxiety than those in closed adoptions. Seeing your child happy and healthy can affirm that you made the right decision.

Helping your child: Children in open adoptions benefit from knowing their birth story, having access to medical history, and understanding that they were loved by their birth family. These connections support healthy identity development and reduce feelings of rejection or abandonment.

Flexibility: Open adoption agreements can evolve as circumstances change. If you need more or less contact at different stages of life, most families are willing to adjust as long as communication remains open and respectful.

Of course, open adoption isn't without challenges. It requires ongoing communication, flexibility, and emotional resilience. But for many birth mothers, the pros of open adoption far outweigh the cons.

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

Hearing from birth mothers who have experienced open adoption can provide valuable perspective as you consider your options.

Caitlin, a birth mother who worked with American Adoptions, shared her thoughts on her open adoption relationship:

"Adoption has changed me — I'm more open and I talk more. I feel like I've become better because I know that if I can place him into someone else's arms and still move on, I can do anything. There is hope. It's a beautiful thing."

Caitlin's story illustrates how open adoption can be healing and empowering. She maintains a relationship with her son's adoptive family and feels confident that she made the right choice for everyone involved.

You can read more birth mother testimonials to hear from women who understand what you're going through and who have found peace in their open adoption journeys.

Start Your Open Adoption Journey with American Adoptions

If you're considering open adoption in Ohio and want to ensure your child ends up with a family that honors their promises, American Adoptions can help. While Ohio doesn't legally enforce open adoption agreements, we work exclusively with families who are genuinely committed to maintaining contact and building lasting relationships with birth families.

Reach out today to learn more about open adoption, explore adoption options in Ohio, and connect with a specialist who can answer your questions without pressure.

Open adoption is about trust, commitment, and love—not just legal contracts. Let us show you how meaningful these relationships can be.

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