If you're considering adoption in South Carolina and hoping to stay connected with your baby after placement, you're probably wondering: Are open adoption agreements legally enforceable? Can the adoptive family be forced to honor their promises about visits, photos, and contact?

In South Carolina, open adoption agreements are not legally enforceable. But that doesn't mean open adoption can't work. In fact, most open adoptions succeed beautifully—not because of legal contracts, but because of trust, commitment, and mutual respect.

Get free information about open adoption and speak with a specialist who can answer your questions and help you find a family committed to staying in touch.

Below, we'll explain what this means for you, how open adoption really works in South Carolina, and how American Adoptions helps build lasting relationships that go beyond legal agreements.

Are Open Adoptions Legally Enforceable in South Carolina?

No. South Carolina law does not make post-adoption contact agreements (also called PACAs) legally enforceable.

According to South Carolina Code Section 63-9-760(D), any agreement between biological parents and adoptive parents about visitation, exchange of information, or other interaction after adoption does not preserve parental rights and cannot be enforced in South Carolina courts.

This means:

• You cannot take legal action if the adoptive family stops sending photos or letters
• You cannot force the adoptive family to honor visits they agreed to
• The validity of the adoption is not affected even if the adoptive family breaks their promises

What This Means in Practice: Open adoption in South Carolina is based on mutual trust and good faith rather than legal obligation. The adoptive family's commitment to stay in touch comes from their character and values—not from fear of legal consequences.

How South Carolina Compares to Other States: Approximately 25 states plus Washington D.C. have laws that make post-adoption contact agreements enforceable when a court approves them. However, South Carolina is among the states that explicitly state these agreements are non-binding. Each state has different adoption laws, so understanding your state's rules is important.

Open Adoption Agreements Explained: What They Mean for You

Even though open adoption agreements aren't legally enforceable in South Carolina, they're still an important part of the adoption process. Understanding what they are and how they work can help you create realistic expectations for your relationship with your child's adoptive family.

What Is an Open Adoption Agreement?

An open adoption agreement, also called a post-adoption contact agreement (PACA), is a written plan that outlines what kind of contact you'll have with your child and their adoptive family after placement.

These agreements typically include:

• Photos and letters: How often the adoptive family will send updates (monthly, quarterly, annually)
• Phone calls or video chats: Whether you'll have direct communication and how frequently
• In-person visits: Whether visits will happen, where they'll take place, and how often
• Social media contact: Whether you'll be connected on social media platforms
• Text messages or emails: The type of ongoing communication you'll maintain

How These Agreements Work in South Carolina:

In South Carolina, open adoption agreements are considered "good faith" agreements. This means both parties agree to honor the terms out of mutual respect and commitment to the child's best interests—not because they're legally required to do so.

Your adoption specialist will help you and the adoptive family create a contact plan that feels right for everyone. This plan gets discussed before placement, and both families commit to honoring it. While it's not legally binding, American Adoptions only works with families who take these commitments seriously.

What Happens If an Open Adoption Agreement Is Broken?

If the adoptive family stops honoring your open adoption agreement, you have limited legal options in South Carolina. Since the agreement isn't enforceable in court, you cannot sue for breach of contract or force them to resume contact.

However, that doesn't mean you're completely without recourse:

Agency Mediation: If you worked with American Adoptions, your adoption specialist can help mediate communication issues. Sometimes contact breaks down because of misunderstandings, busy schedules, or changed circumstances—not because the family doesn't care. Mediation can often get things back on track.

Direct Communication: Sometimes the best approach is to reach out directly to the adoptive family and express your feelings. Many families don't realize how much contact means to you, and an honest conversation can help rebuild the relationship.

Adjusting Expectations: In some cases, the original contact plan may need to be adjusted. Life circumstances change, and what worked in the beginning may not work five years later. Being flexible and willing to adapt can help preserve the relationship.

When Contact Needs to Stop: In rare cases, a court may determine that contact with birth parents is not in the child's best interests due to safety concerns or other serious issues. This is decided on a case-by-case basis and is meant to protect the child.

The reality is that most open adoptions don't need legal enforcement because most adoptive families genuinely want to maintain contact. When you choose the right family and build a strong foundation of trust, the relationship naturally continues.

How to Choose the Right Family in an Open Adoption

Since open adoption in South Carolina relies on trust rather than legal enforcement, choosing the right adoptive family is one of the most important decisions you'll make. The family's character, values, and commitment to open adoption matter more than any legal contract ever could.

What to Look for in an Adoptive Family:

When reviewing adoptive family profiles, pay attention to:

• Their feelings about open adoption: Do they seem excited about staying in touch, or reluctant?
• Their relationship with other birth families: If they've adopted before, are they still in contact with previous birth parents?
• Their communication style: Do they respond promptly and thoughtfully during your pre-placement relationship?
• Their openness to your preferences: Are they willing to accommodate the level of contact you want?

How to Find Open Adoption Families:

American Adoptions makes it easy to find families who support open adoption. You can browse waiting families and review profiles that include information about their openness preferences, their lifestyle, and their commitment to ongoing contact.

Getting to Know Potential Families:

Before placement, you'll have opportunities to get to know your chosen family through phone calls, video chats, emails, and sometimes in-person meetings. Pay attention to how they communicate, how they make you feel, and whether you can envision a lasting relationship with them.

Trust Your Instincts:

If something doesn't feel right about a family, trust your gut. The right family will make you feel comfortable, respected, and confident that they'll honor their commitments. Building that trust in open adoption from the beginning is key to a successful long-term relationship.

The Role of American Adoptions in Your Open Adoption Journey

While South Carolina law doesn't enforce open adoption agreements, American Adoptions does everything possible to ensure your open adoption succeeds. Here's how we support you:

We Screen for Commitment to Openness:

Every adoptive family who works with American Adoptions must agree to a minimum level of openness. At a minimum, families commit to:

• Sharing photos and letters for 18 years
• Providing their contact information for direct communication before and after placement
• Having at least one in-person visit within the first five years after placement

This means you'll never be matched with a family who wants a closed adoption or who is reluctant to stay in touch.

We Help You Build Relationships:

Open adoption works best when there's a strong foundation of trust and communication. We facilitate pre-placement contact through phone calls, video chats, and meetings so you can build a relationship with the adoptive family before placement happens.

We Provide Ongoing Support:

After placement, your adoption specialist remains available to help with communication issues, mediate misunderstandings, and provide support as your relationship with the adoptive family evolves. We're here for the long term, not just until placement happens.

We Create Clear Agreements:

While not legally binding, we help you and the adoptive family create a detailed written agreement about post-adoption contact. Having clear expectations in writing helps prevent misunderstandings and gives everyone a reference point as the relationship continues.

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

More than 90% of birth mothers who work with American Adoptions choose some level of openness in their adoption. Here's why:

For Birth Parents:

• Peace of mind: You can see that your child is happy, healthy, and thriving
• Ongoing connection: You maintain a relationship with your child as they grow
• Answers to questions: You can answer your child's questions about their adoption story
• Healing: Staying connected can help with the grief and loss that come after placement
• No regrets: You won't spend your life wondering how your child is doing

For the Child:

• Identity formation: Knowing their birth family helps adoptees understand who they are
• Medical history: Access to updated family medical information as needed
• No secrets: Growing up knowing their adoption story from the beginning
• Love from many: Feeling loved by both their birth family and adoptive family
• Answered questions: Not having to wonder or search for birth parents later in life

For Adoptive Families:

• Supporting the child: They can help answer questions and facilitate healthy relationships
• Gratitude: Staying connected allows them to express ongoing appreciation
• Complete picture: Understanding the child's background and history helps them parent better

You can learn more about open adoption pros and cons to help you decide if it's right for you.

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

You don't have to wonder if open adoption works—you can hear from birth mothers who have lived it.

Caitlin, a birth mother who placed her son for adoption, shared: "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 also said she knew from her first conversation with her son's adoptive parents that she had found the right family, and their relationship continues to be strong and positive today.

Stories like these show that open adoption can create beautiful, lasting connections that benefit everyone involved. You can find more birth mother testimonials at American Adoptions to hear from women who have been where you are.

Start Your Open Adoption Journey with American Adoptions

If you're considering adoption in South Carolina and want to maintain contact with your baby after placement, American Adoptions can help you create an open adoption plan that works for you.

Even though South Carolina law doesn't enforce post-adoption contact agreements, we work with families who are committed to honoring their promises and maintaining meaningful relationships with birth families. Our track record speaks for itself—we've helped facilitate thousands of successful open adoptions where birth parents and adoptive families have built lasting, healthy connections.

Here's what you can expect when you work with American Adoptions:

• Access to hundreds of families who are open to contact
• Support in creating a clear, detailed post-adoption contact agreement
• Ongoing mediation and counseling throughout your open adoption journey
• 24/7 availability at 1-800-ADOPTION whenever you need support

Reach out for free information today to learn more about open adoption, how it works in South Carolina, and how we can help you create the relationship you're hoping for.

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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