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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.

Are open adoptions legally enforceable?

Are Open-Adoption Agreements Legally Enforceable? When an adoptive and birth family agree to have an open adoption, they enter into a post-adoption contact agreement. In most states, post-adoption contact agreements are not true contracts. That is, they are not legally enforceable.

Can an open adoption be reversed?

Birth parents, adoptive parents, and the adopted child (or adopted) can file a petition to reverse or vacate an adoption. If birth parents wish to regain their parental rights, they may petition the court for an adoption reversal. This is the most difficult form of reversal and, in some states, is actually impossible.

How do you overturn an adoption?

Contrary to what some may believe, there are ways in which a finalized adoption can be reversed. Once an adoption has been finalized, if one party wants to reverse the adoption, he or she needs to submit a petition to the court this is often done by either the child's birth parents or the child's adoptive parents.

How long does it take to reverse an adoption?

In some states, this is as few as three days and other states allow one year or until the child reaches a certain age. There are exceptions to the general guidelines depending on how the adoption was processed. Even if this time limit has passed, consent can be revoked in some situations.

Can an adoption be terminated?

This may surprise you but not every adoption is permanent in California. Under certain circumstances, you can terminate an adoption by asking the court to reverse the adoption order. The process is referred to as a vacation or annulment. The child's natural parents or the adoptive parents can file a reversal petition.

Can you change an open adoption to a closed adoption?

If you have an official open adoption contract, it is technically illegal to close the adoption completely. However, these contracts are difficult to enforce, so even a contracted open adoption can be closed. Closed adoptions also leave birth parents with questions about the well-being of their biological child.

What is the difference between a closed adoption and an open adoption?

A closed adoption means that there is no contact whatsoever between the birth parents and the adoptive parents and child after the adoption takes place. Nowadays, however, the trend in the United States is toward open adoptions, in which all the parties to an adoption meet and often remain in each other's lives.

Can you have a closed adoption?

In a closed adoption, the birth mother typically allows an adoption agency to choose the adoptive parents for her. She will not have any information about the family who is adopting her baby. In a closed adoption, there is no contact with the adoptive family before the baby is born.

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