Are Open Adoptions Legally Enforceable in Pennsylvania?

If you're considering adoption in Pennsylvania, you might wonder whether the promises made in your open adoption agreement will actually hold up after placement. The answer is yes, but with some important details you need to know.
Pennsylvania is one of the few states where post-adoption contact agreements (PACAs) can be legally enforceable. However, they must be approved by the court before or when your adoption decree is finalized.
That means your agreement isn't just a handshake or a promise. It can have real legal backing.
Fill out our contact form today to speak with an adoption specialist who can explain how Pennsylvania's open adoption laws protect your relationship with your child.
Open Adoption Agreements Explained: What They Mean for You
An open adoption agreement is a written plan that outlines the type and frequency of contact you'll have with your child and their adoptive family after placement. This might include:
In Pennsylvania, these agreements are called post-adoption contact agreements, and they're created before your adoption is finalized. You and the adoptive family work together (often with help from your adoption specialist) to decide what feels right for everyone.
The key is that these agreements are flexible and personal. You might want monthly photo updates and an annual visit, while another birth mother might prefer quarterly letters with no in-person contact.
What makes Pennsylvania different from many other states is that these agreements can be approved by the court. That means they're not just a private understanding. They can be legally enforceable.
What Happens If an Open Adoption Agreement Is Broken in Pennsylvania?
Your Legal Options
If your open adoption agreement is approved by the court, it becomes part of your adoption decree. That means if the adoptive family stops following the agreement (like not sending promised updates or refusing scheduled visits), you have legal options.
You can file a petition with the court to enforce the agreement or ask for mediation to work things out.
According to Pennsylvania adoption law, post-adoption contact agreements may cease if the child is 12 and requests to modify or discontinue the agreement. They automatically cease to be legally enforceable after the child has turned 18.
Why Most Relationships Don't Need the Courts
But here's the reality: most open adoption relationships don't require court intervention. At American Adoptions, we counsel both birth and adoptive families about the importance of honoring the commitments they make to each other.
We help set realistic expectations from the start, and we stay involved as a resource if communication breaks down.
If contact is lost for any reason, we hold onto letters, photos, or other correspondence for up to 18 years in case either party wants to reconnect. That safety net means your relationship with your child's family doesn't have to end just because life gets complicated.
How to Choose the Right Family in an Open Adoption
Choosing an adoptive family is one of the most important decisions you'll make in your adoption journey, and it's also one of the most empowering.
At American Adoptions, you're in control. You get to review family profiles, see photos, read letters they've written, and learn about their lives, values, and dreams for the future.
When you're considering an open adoption, pay attention to a few key things in those profiles:
- Their openness preferences. Look for families who share your vision for what open adoption should look like.
- Their communication style. Do they seem warm and genuine? Do their letters feel like they're really talking to you, or do they feel stiff and impersonal? Trust your instincts.
- Their lifestyle and values. You want your child to grow up in a home that reflects what matters to you. This might include religion, education, a love of the outdoors, or a close-knit extended family.
Once you've narrowed down your options, your adoption specialist will help you set up phone calls or video chats with potential families. This is your chance to ask questions, get a feel for their personalities, and start building the foundation for an open adoption relationship.
You'll also work together to create your open adoption agreement before placement. This is the time to be honest about what you want, whether that's regular visits, frequent updates, or occasional check-ins. At American Adoptions, we ask all of our adoptive families to be open to some degree of contact.
The Role of American Adoptions in Your Open Adoption Journey
From the moment you reach out, your adoption specialist becomes your advocate, your counselor, and your guide. They'll help you:
- Understand Pennsylvania's open adoption laws and what's enforceable in your situation
- Create an open adoption agreement that reflects what you truly want
- Choose a family that shares your values and respects your wishes
- Navigate any challenges that come up during or after placement
We don't disappear once your adoption is finalized. If contact slows down or stops, we're here to help mediate. If the adoptive family moves or changes their contact information, we'll make sure you can still reach them.
You'll get personal care you deserve from your adoption specialist so that you feel safe during your journey.
Why So Many Birth Parents Feel Open Adoption Is Right for Them
Open adoption isn't the right choice for everyone, but for many birth parents, it offers something that closed adoption can't: connection.
When you choose open adoption, you're not giving up your relationship with your child. You're redefining it. You get to watch them grow up, see them reach milestones, and know that they're loved and thriving.
You can share your story with them when the time is right, and they can grow up knowing where they came from and why you made the decision you did.
Start Your Open Adoption Journey with American Adoptions
If you're in Pennsylvania and considering adoption, you don't have to figure it all out on your own. American Adoptions is here to help you understand your rights, create an open adoption agreement that works for you, and find a family who will honor the relationship you want.
Fill out our contact form today to get the support you deserve from an adoption specialist. You can also call 1-800-ADOPTION to speak with someone right now.
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