Are Open Adoptions Legally Enforceable in Wisconsin?
You can maintain a relationship with your child after adoption through open adoption in Wisconsin—and the law is on your side. Wisconsin allows legally enforceable post adoption contact agreements, which means you can create a written plan for staying connected with your child that's protected by the court system.
With American Adoptions' support, you'll have professional guidance to create meaningful contact arrangements and the ongoing help you need to make those relationships thrive long after placement.
Below, we'll walk you through everything you need to know about open adoption agreements in Wisconsin, including what the law says, how these arrangements work, and why so many birth mothers find that open adoption gives them the ongoing connection and peace of mind they're looking for.
Are Open Adoptions Legally Enforceable in Wisconsin?
Yes, open adoptions are legally enforceable in Wisconsin. Wisconsin law allows birth parents and adoptive parents to create post adoption contact agreements that can be enforced by the courts.
According to Wisconsin state law, these agreements can be legally binding when certain conditions are met. This means if you create a written agreement with the adoptive family about staying in contact with your child after placement—whether through letters, photos, phone calls, or in-person visits—that agreement can be enforced through the court system if necessary.
Here's what makes an open adoption agreement legally enforceable in Wisconsin:
This legal enforceability is significant because it provides real protection for the relationship you want to maintain with your child.
Unlike states where open adoption agreements are merely moral commitments that depend entirely on the adoptive family's goodwill, Wisconsin law recognizes that these relationships have value worth protecting through the court system.
Open Adoption Agreements Explained: What They Mean for You
If maintaining some form of contact with your child feels important to you, open adoption can make that happen.
An open adoption agreement is a written understanding between you and the adoptive family about what kind of contact you'll have after placement—and in Wisconsin, this agreement has legal weight when properly established.
These agreements typically outline:
- How often you'll receive updates
- What types of communication you'll have
- Whether you'll have in-person visits and how frequently
- How photos and videos will be shared
- What happens as your child grows older
Open adoption creates opportunities for ongoing connection that can provide tremendous emotional benefits.
Many birth mothers find comfort in knowing how their child is doing, seeing them grow up through photos and updates, and maintaining a relationship that honors the love behind their adoption decision.
What Happens If an Open Adoption Agreement Is Broken?
In Wisconsin, because post adoption contact agreements can be legally enforceable, you do have options if the adoptive family stops following the agreement. However, the process requires specific steps.
Court enforcement is available. If the adoptive family isn't honoring the terms of your post adoption contact agreement, you can petition the court that approved the adoption to enforce the agreement. The court has the authority to order compliance with the contact terms you all agreed upon.
Mediation or dispute resolution comes first.
Before you can ask the court to enforce the agreement, Wisconsin law typically requires that you attempt to resolve the conflict through mediation or another appropriate dispute resolution process in good faith.
How to Choose the Right Family in an Open Adoption
Finding the right adoptive family for your baby is one of the most important decisions you'll make, especially when you're hoping for an open adoption relationship. The good news? You have complete control over this choice.
When you work with American Adoptions, you'll review detailed family profiles that include:
These profiles help you identify families who genuinely want an open adoption and understand its importance. Many birth mothers find it helpful to meet prospective adoptive families before making their final decision.
These meetings let you ask questions, share your hopes for open adoption, and get a sense of whether you'll be able to build a trusting relationship with this family.
What should you look for? Genuine enthusiasm about staying in touch, clear understanding of why open adoption matters for children, openness in their own communication style, flexibility and respect for your preferences about contact, and similar values or lifestyle that makes you feel comfortable.
The Role of American Adoptions in Your Open Adoption Journey
As a full-service, national adoption agency, American Adoptions provides comprehensive support for open adoption relationships—not just during the placement process, but for years afterward.
Every adoptive family in our program is required to be open to some degree of contact with birth families. In fact, we ask all of our adoptive families to be open to at least one in-person visit within the first five years of the child's life.
This foundational expectation ensures you'll be working with families who value and understand open adoption.
American Adoptions remains available to facilitate conversations, help resolve any misunderstandings, and support both you and the adoptive family in maintaining a healthy relationship.
Both birth mothers and adoptive families receive education about open adoption—what to expect, how to navigate potential challenges, and how to ensure the relationship benefits everyone, especially your child.
Why So Many Birth Parents Feel Open Adoption Is Right for Them
Open adoption has become the standard in modern adoption for good reasons. Research and the experiences of birth parents, adoptive families, and adoptees consistently show significant benefits for everyone involved.
For birth mothers, open adoption offers ongoing connection and peace of mind. Instead of wondering how your child is doing, you'll know. You'll see photos, receive updates, and in many cases, have the opportunity to watch them grow up.
As your child grows older and begins to have questions about their adoption and their birth family, open adoption allows you to be part of providing those answers. You can share your story, explain your love for them, and help them understand the difficult but loving decision you made.
Studies on open adoption show that children in open adoptions typically have better outcomes in terms of identity development, self-esteem, and overall psychological well-being. They grow up with access to their full story, connections to their biological heritage, and the knowledge that their birth mother loved them enough to choose adoption and to remain part of their life in whatever way made sense.
Real Stories: Open Adoption from a Birth Mother's Perspective
Nothing illustrates the power of adoption quite like hearing from someone who's lived it. Michelle, a birth mother, shares her experience with adoption:
The relationship she's maintained with her son and the adoptive family has been a source of healing and joy, rather than ongoing pain.
"It's been amazing. They're like family to me now," Michelle says about the adoptive parents.
This is the reality for many birth mothers who choose open adoption—the adoptive family becomes an extended part of their support system, united by their shared love for the child.
The peace of mind that comes from this ongoing connection cannot be overstated. "I know he's happy, healthy, and loved. I get to see that with my own eyes," Michelle reflects.
While every open adoption relationship looks different, Michelle's experience demonstrates what's possible when you choose the right family and work with an agency that provides strong support.
Start Your Open Adoption Journey with American Adoptions
Open adoption in Wisconsin offers something many states don't: legal enforceability that protects the relationship you want to maintain with your child.
But the real foundation of successful open adoption isn't a court order—it's choosing the right adoptive family, creating a thoughtful contact agreement, and partnering with an agency that will support your relationship for years to come.
American Adoptions has decades of experience facilitating successful open adoptions. We understand that this decision is about much more than legal enforceability—it's about creating lasting connections built on trust, respect, and shared love for your child.
You don't have to navigate this alone. Whether you're just beginning to consider adoption or you're ready to take the next step, our team is here to answer your questions, address your concerns, and help you create an adoption plan that feels right for you—including the level of openness that best serves your needs and your child's wellbeing.
Schedule a consultation today and speak with a specialist who truly understands your journey.
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