If you're considering adoption and wondering are open adoptions legally enforceable in Tennessee, the answer is yes. Tennessee is one of the states that allows legally enforceable post-adoption contact agreements between birth parents and adoptive families.

Understanding how these agreements work can help you feel confident about maintaining a relationship with your child after adoption. We're here to explain your rights and show you how open adoption can provide the ongoing connection you hope for.

Are Open Adoptions Legally Enforceable in Tennessee?

Yes, open adoptions are legally enforceable in Tennessee under specific conditions. In March 2019, Tennessee enacted a law that allows birth parents and adoptive parents to create legally binding post-adoption contact agreements.

Here's what makes these agreements enforceable in Tennessee:

• Written and Signed: The agreement must be in writing and signed by all parties, including the birth parents, adoptive parents, and the child if they're 14 years or older.
• Court Approved: The agreement becomes enforceable when it's included in the final adoption order.
• Best Interest of the Child: The court reviews the agreement to ensure it serves the child's best interests.
• Voluntary: All parties must voluntarily agree to the terms. You can also create a "moral agreement" that's not legally enforceable if all parties prefer.

Once the adoption is finalized, if the adoptive family doesn't honor the agreement, you have legal recourse through mediation and potentially court enforcement.

It's important to understand that while the contact agreement is enforceable, a breach cannot undo the adoption itself. The adoption remains permanent regardless of any contact disputes.

Open Adoption Agreements Explained: What They Mean for You

A post-adoption contact agreement is a written plan that outlines how you'll stay in touch with your child and their adoptive family after adoption is finalized. These agreements typically include:

• Type of Contact: Photos and letters, phone calls, video chats, text messages, emails, or in-person visits.
• Frequency: How often you'll receive updates or have contact, whether it's monthly, quarterly, or annually.
• Special Occasions: Whether you'll be included in birthdays, holidays, or other milestones.
• How Contact Changes Over Time: The agreement can specify how communication might evolve as your child grows.

The beauty of these agreements is that they're customized to what feels right for everyone involved. You decide what level of openness works for you, and we help you find a family that shares your vision.

What Happens If an Open Adoption Agreement Is Broken?

If the adoptive family stops honoring your post-adoption contact agreement, Tennessee law provides a process for enforcement:

• Communication First: Start by reaching out to the adoptive family directly or asking your adoption specialist to help facilitate communication.
• Mediation: If direct communication doesn't resolve the issue, Tennessee law requires mediation before going to court. A neutral mediator helps both parties find solutions.
• Court Petition: If mediation doesn't work after two sessions, you can petition the court to enforce the agreement. The court will review the situation and can order the adoptive family to comply if it's in the child's best interest.

Important to know: As a birth parent, you can petition to enforce the agreement, but only adoptive parents or the child can petition to modify or terminate it. The adoptive parents bear the costs of mediation.

How to Choose the Right Family in an Open Adoption

Choosing an adoptive family who shares your vision for open adoption is one of the most important decisions you'll make. Here's how we help you find the right family:

• Browse Family Profiles: We provide detailed profiles of pre-screened adoptive families. You'll learn about their lifestyle, values, parenting philosophy, and their openness to contact.
• Review Their Openness Preferences: Each profile clearly states what level of contact the family is comfortable with, from semi-open to fully open.
• Ask Questions: You can ask families about their vision for open adoption and how they'll honor the contact agreement.
• Meet Them: Many birth mothers choose to meet prospective families in person or via video call before making a decision.
• Build a Relationship: Once you select a family, you'll have time to build trust and establish your relationship.

We only work with families who are committed to honoring open adoption agreements, so you can feel confident in your choice.

The Role of American Adoptions in Your Open Adoption Journey

We don't just help you create an open adoption agreement and then disappear. We're your partner throughout the entire journey:

• Family Screening: Every adoptive family in our network is carefully screened and must demonstrate their commitment to open adoption. We ask all families to be open to some degree of contact and to participate in at least one in-person visit within the first five years of the child's life.
• Agreement Creation: We help you and the adoptive family create a post-adoption contact agreement that reflects everyone's hopes and boundaries.
• Ongoing Mediation: If communication becomes difficult after placement, we step in to mediate and help both parties stay connected.
• Advocacy: Your adoption specialist remains your advocate. If you're not receiving the contact you were promised, we'll work with the adoptive family to address it.
• Post-Placement Counseling: We provide free counseling services to help you navigate your emotions and adjust to your relationship with the adoptive family.

Our goal is to ensure that trust in open adoption remains strong for everyone involved.

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

Open adoption offers powerful benefits for birth mothers, adoptive families, and most importantly, for the child:

For You as a Birth Mother:

• Peace of Mind: You can see that your child is happy, healthy, and thriving.
• Ongoing Relationship: You remain a meaningful part of your child's life and can watch them grow up.
• Reduced Grief: Many birth mothers find that ongoing contact helps them process grief and find healing.
• Answer Questions: As your child grows, you can answer their questions about you, their heritage, or why you chose adoption.

For Your Child:

• Identity and Belonging: Children in open adoption grow up knowing their full story.
• Love from Multiple Sources: Your child gets to experience love from both their adoptive family and you.

Learn more about the pros and cons of open adoption to see if it's right for you.

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

You're not alone in choosing open adoption. Many birth mothers have walked this path and found it to be a source of healing and connection.

"Even though adoption was the hardest decision I will ever make in my life, American Adoptions also made it the best decision I've ever made in my life." - Erika, birth mother

Through open adoption, Erika maintains a relationship with her child and their family, watching her daughter thrive while knowing she made the right choice.

Start Your Open Adoption Journey with American Adoptions

If you're considering adoption and want the reassurance of an ongoing relationship with your child, open adoption with a legally enforceable post-adoption contact agreement may be right for you.

We're here to answer your questions, help you understand your rights in Tennessee, and connect you with adoptive families who are committed to honoring open adoption.

Our Tennessee adoption specialists are available 24/7 to provide free counseling, explain how post-adoption contact agreements work, and guide you through every step of your adoption journey.

Call us at 1-800-ADOPTION or fill out our confidential contact form to speak with a compassionate specialist today.

You don't have to say goodbye forever. With open adoption, you can maintain a meaningful connection with your child while giving them the stable, loving home they deserve.

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