Are Open Adoptions Legally Enforceable in Washington?

If you're considering adoption for your baby, you're probably weighing many factors right now. You may be wondering whether you'll see your child again after placement.
Washington is one of the states that legally enforce open adoptions. This means you have a say in how you stay connected to your child after placement.
This article will walk you through how Washington handles open adoption agreements, what happens if contact stops, your rights as a birth parent and how American Adoptions can support you through every step of this journey. Ready to learn more? Fill out our form for free information.
Are Open Adoptions Legally Enforceable in Washington?
Yes. In Washington, open adoption agreements can hold up in court when they're made official as part of the adoption process. These are called post-adoption contact agreements — written arrangements between birth parents and adoptive parents that outline how everyone will stay in touch after the adoption is complete.
Here's what you should know about post-adoption contact agreements in Washington:
What You Need to Know About Open Adoption Agreements
A post-adoption contact agreement is essentially a roadmap for your relationship with your child and their adoptive family after placement. Think of it as a plan that gives everyone clarity about what to expect.
These agreements are flexible and can be customized to fit what feels right for you and the adoptive family. Some common forms of contact include:
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Letters about your child's milestones, development and daily life
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Photos and videos shared digitally or through the mail
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Phone calls or video chats at agreed-upon times
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In-person visits at a frequency that works for everyone
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Social media connections
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Birthday and holiday cards to mark special occasions
What Happens if Adoptive Parents Don’t Follow the Open Adoption Plan?
If the adoptive family stops honoring your post-adoption contact agreement, you have rights as a birth parent in an open adoption.
Your first step would typically involve reaching out to your adoption professional. American Adoptions works to mediate these situations and help everyone get back on track. Sometimes contact has been disrupted due to miscommunication, life circumstances or logistical challenges rather than intentional avoidance.
If mediation doesn't resolve the issue, you can legally enforce an open adoption if the adoptive family stops contact. The court will review the situation and can order the adoptive family to comply with the original terms.
Finding an Adoptive Family Who Values Openness
Choosing adoptive parents who share your communication preferences is one of the most important decisions you'll make. You can browse profiles that give you real insight into families’ values, lifestyles, parenting philosophies and commitment to open adoption.
At American Adoptions, we ask all our prospective adoptive families to be open to some degree of ongoing contact and to commit to at least one in-person visit within the first five years of your child's life. This baseline ensures that families in our program understand and embrace the value of continued connection.
How American Adoptions Supports Your Open Adoption
American Adoptions will help facilitate conversations between you and the prospective adoptive family, ensuring everyone's expectations are clear from the start. We assist in drafting post-adoption contact agreements that reflect your wishes while also considering what's realistic and sustainable long-term.
Our role doesn't end at placement. We continue supporting both birth parents and adoptive families as your open adoption relationship evolves. If questions arise, if circumstances change or if building your relationship with the adoptive family feels challenging, we're here to help navigate those moments.
The Benefits of Open Adoption
Research and lived experience have shown that open adoptions offer significant benefits.
For birth parents, open adoption often provides:
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Peace of mind
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Continued connection
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Healthier processing
For children, open adoption offers:
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Connection to their roots
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Answers to identity questions
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The knowledge that they have two families who care about them
Hear From Birth Mothers: Open Adoption Stories
Sometimes the best way to understand open adoption is to hear from someone who's lived it.
Caitlin
Caitlin initially thought she'd only receive letters and pictures after placing her son for adoption. She was surprised to discover she could choose both the level of contact and the adoptive family. After finding Matt and Amanda almost six months before her due date, she developed a close relationship with them through daily emails and texts.
At the hospital, Amanda stayed by Caitlin's side throughout the delivery. After baby Weston was born, Caitlin invited Amanda to cut the umbilical cord. While waiting for interstate clearance, Matt and Amanda joined Caitlin and her family for barbecues and other gatherings, deepening their bond. Though they now live in different states, they update each other regularly.
Randi
When Randi chose Matthew and Katheryn as adoptive parents for her daughter Gethsemane (nicknamed Juniper), their profile promised ongoing contact and assurance they'd always tell Juniper that Randi loved her. Meeting them in person at seven months pregnant — and seeing them interact with their already-adopted daughter — gave Randi confidence in her choice.
After Juniper's birth, Matthew and Katheryn never pushed for time with the baby, respecting that it was Randi's time. They spent the weekend together at the hospital, and Randi asked for an hour alone with Juniper before signing the placement papers. Today, Katheryn maintains a blog with photos and milestones that Randi checks daily, alongside regular phone calls.
Take the First Step Toward Open Adoption With American Adoptions
Understanding whether open adoption is legally enforceable in Washington is just one piece of the larger picture. The real question is whether open adoption feels right for you.
At American Adoptions, we've supported many expectant parents through this decision. We understand the unique aspects of Washington's adoption laws and can help you understand your options. Get free information about adoption today.
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