Are Open Adoptions Legally Enforceable in Vermont?
You can maintain a meaningful connection with your child through open adoption in Vermont—but understanding your legal rights matters. Vermont law provides specific protections for post-adoption contact agreements, though enforcement is limited to certain types of adoptions.
When you work with American Adoptions, you'll receive expert guidance about how open adoption works in your state and the support you need to create lasting relationships built on trust, not just legal contracts.
What if you could stay connected to your child while giving them the family they deserve? Schedule a consultation today to learn how we help birth mothers in Vermont maintain the connections that matter most through open adoption.
We're here to walk you through what the law says, how these agreements work, what happens if they're not followed, and how American Adoptions supports meaningful relationships between birth families and adoptive families.
Are Open Adoptions Legally Enforceable in Vermont?
Vermont law allows for legally enforceable post adoption contact agreement (PACAs), but only in specific circumstances.
Vermont Statute Title 33, Section 5124 states that post adoption contact agreement plans can be entered into when parents agree to voluntary termination of parental rights. The court must determine that the agreement serves the child's best interests.
However, here's what matters most: while Vermont provides some legal framework, the strength of an open adoption comes from the commitment both families make to honoring the relationship—not just from what's enforceable in court.
Open Adoption Agreements Explained: What They Mean for You
An open adoption agreement is a written plan that outlines how birth parents, adoptive parents, and your child will stay connected after placement. These agreements can include:
The beauty of open adoption is its flexibility. While the agreement sets expectations, healthy relationships often evolve naturally based on what feels right for everyone involved—especially your child.
What Happens If an Open Adoption Agreement Is Broken?
This is one of the most common concerns for birth mothers considering adoption.
In Vermont, if a post adoption contact agreement meets the legal requirements and is approved by the court, it can be enforced through civil action.
However, enforcement requires that the court find it remains in the best interests of the child. The reality is that taking legal action can be emotionally difficult and financially challenging.
But here's the truth that matters more: many adoption agencies, including American Adoptions, create accountability even when legal enforcement isn't available.
More importantly, the adoptive families American Adoptions works with want to maintain open adoption relationships. They understand that knowing you benefits their child in profound ways. These aren't families looking for loopholes—they're families who genuinely value you as an important person in their child's life.
How to Choose the Right Family in an Open Adoption
When you choose open adoption, you're not just choosing any family—you're choosing a family that shares your vision for ongoing connection.
American Adoptions gives you complete control over selecting your child's adoptive family. You'll review detailed family profiles that include photos, personal letters, openness preferences, and information about their values and parenting approach.
Once you've identified families you're interested in, we facilitate meetings—whether in person, by phone, or through video chat.
These conversations let you discuss your hopes for open adoption. You'll know whether they genuinely share your commitment to maintaining a relationship.
The Role of American Adoptions in Your Open Adoption Journey
American Adoptions does something unique: we don't just facilitate open adoption agreements—we actively support them for years after placement.
Before Placement:
- We carefully screen all adoptive families and only work with those genuinely committed to open adoption
- We help you and your chosen family create a clear, detailed open adoption agreement
- We facilitate initial meetings and ongoing communication during your pregnancy
After Placement:
- We act as a liaison if communication questions arise
- We help troubleshoot if either family has concerns
- We provide ongoing counseling and support to both families
- We maintain updated contact information to ensure connection continues
We also require that all our adoptive families commit to openness and ask them to agree to at least one in-person visit within the first five years of the child's life. This baseline expectation helps ensure every adoption includes meaningful connection.
Why So Many Birth Parents Feel Open Adoption Is Right for Them
The majority of modern adoptions include some degree of openness—and for good reason.
Research consistently shows that open adoption benefits everyone involved, particularly the child. Children in open adoptions have access to their complete identity and history. They grow up without secrets about their origins. They know they were placed out of love, not because they were unwanted.
For birth mothers, open adoption provides peace of mind knowing your child is thriving, ongoing connection that honors your love, the ability to answer questions as your child grows, and healing through seeing the positive impact of your decision.
Your child benefits by understanding their full story from the beginning, knowing they have more people who love them, access to medical history, and freedom from wondering about their birth family.
Open adoption isn't about co-parenting or maintaining parental rights—those are terminated in all adoptions. Instead, it's about creating an extended family relationship where your child has additional people in their life who care about them.
Real Stories: Open Adoption from a Birth Parent's Perspective
Josh's story demonstrates how meaningful open adoption can be, even across enormous distances.
When Josh and Alyssa discovered she was seven months pregnant during her study abroad in England, they decided adoption was the best choice for their son.
Working with American Adoptions, Josh and Alyssa found an adoptive family they connected with immediately. They agreed on visits every two years, with their first scheduled for when Cassius turned two.
Despite living in England, Josh has remained committed to maintaining a relationship with his son.
"I want to build a life where I am always accessible for my son," he says. "I believe just knowing his mother and I are there for him in body, mind and spirit will be of endless value to Cassius growing up."
Start Your Open Adoption Journey with American Adoptions
You don't have to navigate Vermont's adoption laws alone. American Adoptions has helped thousands of birth mothers create lasting relationships with their children through thoughtfully planned open adoptions.
Our Vermont adoption specialists understand the state's unique legal landscape and have decades of experience facilitating successful open adoptions that thrive long after placement. We'll work with you to find a family that shares your vision, create an agreement that feels right, and provide ongoing support for years to come.
The families you'll meet aren't looking for ways to close the adoption—they're looking for ways to honor you. Speak with a specialist today to discover how the connection you want with your child through open adoption is possible.
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