Five Things to Know About Open Adoption
August 23, 2023
Many people’s framework of adoption is what they’ve seen on TV, in movies, or heard about second-hand. However, the reality of modern adoption – especially in 2023 – is often quite different.
If you are a social work or health care professional working with women who may need to place a baby, it’s important to understand what their experience will be like. Adoption is a complex issue and we could talk for days on the legalities, ethics and nuances – but here are five basic things we’d like you to know.
1. Most Modern Adoptions Are Open
An open adoption is one in which the birth parents and adoptive parents exchange identifying information and build a relationship. Many open adoptions involve ongoing communication via email, text, phone and social media. Some open adoptions are especially close, with birth parents visiting regularly and being present for birthdays and holidays.
Adoption can also be semi-open. In this arrangement, there is no direct contact between the biological and adoptive families. The birth parents can still receive updates and photos of their child, but all communication goes through the adoption agency.
2. No Decisions About Adoption Are Final Until At Least 48 Hours After Delivery
In Texas, expectant parents cannot sign relinquishment paperwork until at least 48 hours after the baby is born. Until the paperwork has been signed, the expectant parents are only planning for an adoption and have not committed to moving forward. They have the right to choose to parent.
Once relinquishment papers have been signed, placement with the adoptive family is usually immediate. Texas does not have a revocation period for adoptions facilitated by an adoption agency. Once the papers are signed, termination of parental rights is permanent.
After delivery, some women become unsure of whether or not adoption is still right for them. In some cases, Adoption Advocates is able to offer cradle care (aka interim care). Cradle care allows the baby to go to a safe, temporary home and gives the mother more time to think through her decision.
3. Biological Fathers in Texas Have Parental Rights
In Texas, birth fathers’ have parental rights in relation to the child, and those rights must be terminated as well. Texas adoption law says that if a father is listed on the birth certificate or the putative father registry, he must consent to the adoption. If the biological father’s rights have not been legally terminated, he has up to 6 months after the adoption to challenge it. A challenge can involve an extensive legal battle, which may ultimately end with the child being removed from the adoptive parents he or she has bonded with.
Open adoption empowers expectant mothers to be actively involved in every step of the adoption process. It is her right to make choices for her baby’s future, beginning with whether or not she wants to place her child for adoption.
Obtaining voluntary termination of rights is not available in every case – such as with an unknown birth father – but that does not prevent a woman from choosing adoption. With the help of legal counsel, adoption agencies have several options to pursue that will allow the adoption to happen.
4. Expectant Parents Can Choose the Adoptive Family
Expectant parents are usually the ones to choose the adoptive family. After they review profiles of available waiting families, the expectant parent(s) narrow it down to their favorites. They can then connect over the phone or in person. If both the expectant parent(s) and adoptive parent(s) want to move forward, they are officially matched. At that point, they can begin building a relationship.
Not all expectant parents want to choose the adoptive parents. In those situations, the adoption agency will choose on her behalf based on any preferences she indicates.
5. Expectant Mothers Are in Control at the Hospital
Until relinquishment paperwork is signed, the expectant mother has the right to make all decisions for her baby. These can include:
- Who is present during the delivery
- How much time she wants to spend with the baby
- Whether or not to breastfeed
- The name on the original birth certificate
- Medical choices for the baby’s care
It is also their choice whether the adoptive parents are present for the birth or spend time with the baby at the hospital. Many expectant parents choose to have the adoptive family be involved at the hospital. This decision is usually made as part of creating a hospital plan, although these plans can be fluid and the mother has the right to make adjustments at any time.
Some expectant mothers choose not to be involved with the baby at the hospital. In that case, the expectant mother can sign a third-party authorization form that allows the adoption agency or the adoptive parents to make decisions for the baby.
Modern Adoption Means Choice
Have you noticed a theme here? Almost every aspect of modern adoption involves choice. Gone are the days of babies whisked away moments after delivery, leaving their mothers to wonder where they’ve gone, who they will call Mommy, and if they will have a good life (if you haven’t read The Girls Who Went Away, we highly recommend it). Open adoption empowers expectant mothers to be actively involved in every step of the adoption process. It is her right to make choices for her baby’s future, beginning with whether or not she wants to place her child for adoption.
As professionals working with women considering adoption, it is our duty to provide unbiased information to allow expectant parents to make informed choices – and advocate for them throughout the process. We hope this brief introduction into open adoption enables you to do the same. If you have any questions about the adoption process or how to provide support, please reach out to us at (512) 477-1122.
