If you're considering open adoption, you can stay connected with your child after placement. But are open adoptions legally enforceable in Texas? What if the adoptive family doesn’t follow through on their promises?

Understanding what Texas law says about adoption contact agreements can help you make informed decisions and choose the right family for your baby. Below, we'll walk you through your options and how American Adoptions can support you every step of the way.

If you'd like to learn more about your options right now, fill out our form or call 1-800-ADOPTION to get free information.

Are Open Adoptions Legally Enforceable in Texas?

Post-adoption contact agreements are not legally enforceable in Texas private infant adoptions. Rather, these agreements are based on trust, mutual respect and genuine commitment.

Some states legally enforce open adoption through the courts, but Texas doesn't allow this. When you work with a private adoption agency in Texas, any agreement you make about staying in touch with your child and the adoptive family is a promise between you and them. This means open adoption agreements cannot hold up in court in Texas.

We know this might not be what you hoped to hear, but it’s important to consider as you create your adoption plan. Choosing an adoptive family that shares your contact preferences is crucial for building a strong long-term relationship.

Understanding Post-Adoption Contact Agreements

A post-adoption contact agreement is a written plan that outlines what kind of contact you'll have with your child and the adoptive family after placement. Even though these agreements aren't legally binding in Texas, the adoptive families we work with take them seriously because they understand how important ongoing contact is for you and your child.

You could choose to keep in touch through:

• Letters and photos

• Emails through the agency or directly with the family

• Phone calls or video chats

• Social media

• In-person visits

• And more

The level of openness varies significantly from family to family. What matters most is finding a family whose contact preferences align with yours and who demonstrates genuine commitment to maintaining contact.

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

In private adoptions in Texas, if adoptive parents don't honor the post-adoption contact agreement, you have no way to take legal action. You can't enforce an open adoption if the adoptive family stops contact. However, this doesn't mean an open adoption can't work for you. Here's what you can do:

Finding the Right Match: How to Choose the Right Open Adoption Family

When you browse waiting family profiles, you're not just looking at photos — you're finding people who share your values and vision for your child's future. Finding open adoption families involves looking at several key factors:

• Their Communication Style: Do they seem open and honest? Do their answers feel genuine?

• Their Understanding of Open Adoption: Have they educated themselves? Do they view you as part of their child's story?

• Your Gut Feeling: Do you feel comfortable with them? Can you imagine building a relationship with this adoptive family?

Many expectant parents find that meeting families in person (or virtually) helps them decide whether they are the right fit.

How American Adoptions Supports Your Open Adoption Journey

Every family in our program agrees to some degree of openness. We don't work with families who want closed adoptions because we know how important connection is for you and your child. In fact, we ask all our adoptive families to be open to exchanging letters and photos and scheduling at least one in-person visit within the first five years of your child's life.

Here’s what American Adoptions provides:

• Honest information about what Texas law does and doesn't protect

• Guidance in choosing families who demonstrate genuine commitment to openness

• Mediation services if communication challenges develop after placement

• Ongoing support as your relationship with the adoptive family evolves

The Benefits of Open Adoption for Birth Parents and Adopted Children

The decision to place a child for adoption is never easy. But for many expectant parents, the opportunity to stay in touch brings peace.

Here are some of the other benefits of open adoption:

• Staying Connected: You don't have to wonder how your child is doing. You receive updates, see photos and watch them grow.

• Helping Your Child: Children in open adoptions often have healthier identity development and fewer questions about where they came from.

• Honoring Your Relationship: You carried this child, and open adoption allows you to remain part of their life in whatever way feels right.

• Reducing Grief: Many birth parents find that open adoption helps them process their grief because they're not left imagining what might have been.

Birth Mother Perspectives: Real Open Adoption Stories

Sometimes the best way to understand open adoption is to hear from someone who's lived it.

Angelica

At 20 years old and already parenting two young boys, Angelica knew adoption was the right choice when she discovered she was pregnant with a daughter. Living with her aunt and navigating an on-and-off relationship with her baby's father wasn't the stable environment she wanted for another child.

After reviewing family profiles, Angelica connected with Keith and Jenn, a couple from Rhode Island. What struck her most was their honesty about their challenges and their genuine concern for what she wanted for her daughter.

Keith and Jenn flew in from Rhode Island to be there for the birth. They stayed with Angelica throughout her labor, with Jenn holding her hand through the pain. All three parents decided on the name Kaylin together and shared those first precious hours with the newborn.

Today, Angelica stays in contact through regular updates, photos and yearly visits.

Read more of Angelica’s story.

Randi

Randi was 20 years old, working at a call center in a small Nebraska town when she discovered she was pregnant. The baby's father, a coworker, stopped talking to her completely when he learned about the pregnancy. Fortunately, Randi's mom and grandfather supported whatever decision she made.

When she began looking at adoption, Randi was drawn to Matthew and Katheryn, a West Coast couple who had already adopted a biracial daughter named Verity. Their profile assured Randi they would maintain contact and always tell her daughter that Randi loved her.

The couple made themselves available throughout Randi's pregnancy with weekly phone calls. When Randi was seven months along, they traveled with Verity to meet her in person. When baby Juniper was born, Matthew and Katheryn rushed to the hospital from the West Coast, and the weekend was spent together bonding as an extended family.

Today, Randi describes her adoption as "pretty much as open as you get." Katheryn maintains a blog with photos and milestones that Randi checks daily. They exchange texts and emails, with phone dates that started weekly during pregnancy and are now monthly.

Read more of Randi’s story.

Start Your Open Adoption Journey With American Adoptions

Understanding whether open adoption is legally enforceable in Texas can help you make an informed decision. While Texas doesn't provide legal enforcement for private adoption contact agreements, open adoption can still work for you and your child. Thousands of birth parents have created lasting, meaningful relationships.

At American Adoptions, we understand the unique concerns of expectant parents in Texas. We're here to answer your questions and address your concerns. We carefully screen our families, ensure they understand the importance of open adoption and provide ongoing support to help maintain healthy relationships after placement.

You don't have to figure this out alone. Whether you're just starting to explore your options or you're ready to move forward, contact us today.

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.