Are Open Adoptions Legally Enforceable in Virginia?

Virginia allows post-adoption contact agreements between birth parents and adoptive families. These agreements can be legally binding when approved by a court, though they're ultimately built on trust and open communication rather than strict legal action.

If you're considering adoption in Virginia, you can create a plan that honors your wishes for ongoing connection with your child. The key is working with an experienced agency that understands both the legal framework and the relational foundation that makes open adoption successful.

Fill out our contact form today to get the support you deserve from an adoption specialist.

Below, we'll walk you through how open adoption agreements work in Virginia, what happens if contact arrangements change, and how American Adoptions helps you build a sustainable plan for staying connected with your child.

Open Adoption Agreements Explained: What They Mean for You

An open adoption agreement outlines the type and frequency of contact you'll have with your child after placement. In Virginia, these arrangements can include:

Letters and photo updates throughout the year
Text messages or phone calls at agreed-upon intervals
Video chats to watch your child grow
In-person visits on special occasions or regular schedules

Virginia law recognizes post-adoption contact agreements under specific conditions. When both parties consent and the court determines the arrangement serves the child's best interest, the agreement becomes part of the adoption order. This means it carries legal weight, though it's designed to be flexible as circumstances change.

At American Adoptions, we ask all prospective adoptive families to be open to some level of contact and commit to at least one in-person visit within the first five years of the child's life. This baseline ensures you have meaningful opportunities to see your child thrive.

The specifics of your open adoption plan are entirely up to you. During the matching process, you'll discuss your preferences with potential families and find people who share your vision for ongoing connection.

Some birth mothers prefer quarterly photo updates and an annual visit. Others feel comfortable with more frequent contact, including regular video calls or attendance at birthday parties.

Your adoption specialist will guide these conversations, making sure everyone understands expectations before placement. The goal is creating a plan that feels sustainable and genuine for all parties.

What Happens If an Open Adoption Agreement is Broken?

Virginia law allows either party to file a petition with the court that issued the adoption order if contact arrangements aren't being followed. The court can modify the agreement or order compliance, always keeping the child's best interest as the primary consideration.

However, the court cannot reverse the adoption or remove custody based solely on contact agreement violations. Virginia law explicitly protects the finality of adoption regardless of whether the contact agreement is followed.

Working Through Challenges Before Court

Before taking legal action, many families find it helpful to work with their agency to understand what's happening and explore solutions. Sometimes families need support navigating changes in circumstances like a move to a new state, health challenges, or shifts in the child's needs.

Most open adoptions succeed because they're built on mutual respect and genuine care for the child's wellbeing. When families choose adoption through American Adoptions, they've already demonstrated their commitment to honoring birth parents' wishes.

Our thorough screening process ensures we work with families who understand the sacred nature of the trust you're placing in them.

The relationship you build with your child's adoptive family, supported by your agency, is the foundation that keeps open adoption meaningful over time.

How to Choose the Right Family in an Open Adoption

Finding the right adoptive family starts with understanding what matters most to you. American Adoptions maintains detailed profiles of waiting families, allowing you to learn about their values, lifestyle, parenting approach, and openness preferences.

You'll review profiles at your own pace, looking for families whose vision for open adoption aligns with yours. When you find potential matches, your adoption specialist arranges phone calls or video meetings where you can ask questions and get a feel for who these people are.

Family profiles typically include:

Photos showing their home, extended family, and daily life
Letters explaining why they chose adoption and what they'll offer your child
Details about their approach to open adoption and specific contact they're comfortable with
Information about their community, schools, and the opportunities available to your child

During conversations with prospective families, discuss your hopes for contact clearly. Talk about the communication that feels meaningful to you and what role you hope to play in your child's life.

The families we work with have been carefully screened for open adoption. They understand that your ongoing presence is a gift to your child and have thought deeply about how they'll celebrate their adoption story.

You control this matching process. If a family doesn't feel right, keep looking. Your adoption specialist supports you through every conversation.

The Role of American Adoptions in Your Open Adoption Journey

American Adoptions doesn't disappear after placement. We continue supporting both birth and adoptive families as they navigate their open adoption relationship, offering guidance when questions arise and celebrating milestones together.

Our ongoing support includes:

Mediation services if communication challenges develop
Counseling referrals through our partnership with Beam Support
Connection to our birth mother support group on Facebook, where you can share experiences with others who understand
Check-ins with your adoption specialist during important times
Resources for talking about adoption with friends and family

We help facilitate communication between you and your child's family. Your adoption specialist remains available for support long after placement, ensuring your agreement is properly documented while recognizing that authentic relationships are what make open adoption meaningful.

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

Open adoption allows you to make an adoption plan without completely closing the door on your relationship with your child. You can witness firsthand that they're happy, healthy, and thriving with their adoptive family.

Birth parents often choose open adoption because it offers:

Peace of mind knowing your child is loved and cared for. Regular updates mean you don't spend years wondering how they're doing or if you made the right choice.
The ability to answer your child's questions as they grow. Children in open adoptions have direct access to their birth parents, which often helps them develop a secure sense of identity and belonging.
Reduced grief and loss. While adoption involves profound loss regardless of openness, many birth parents find that ongoing contact helps them process their decision and find healing.
Connection to your child's milestones. You can celebrate birthdays, graduations, and other important moments, staying connected to your child's story as it unfolds.

A relationship that evolves over time. Open adoption isn't static. As your child grows and circumstances change, your communication can adapt to meet everyone's needs.

Open adoption benefits children by giving them access to their full story and the ability to maintain connections with both families.

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

Start Your Open Adoption Journey with American Adoptions

You can choose a brighter future for your child through open adoption in Virginia. You have control over every aspect of the adoption process, from selecting the perfect family to determining how much contact feels right.