Open vs. closed adoptions: Understanding the differences

Adoption is a life-changing journey for all parties involved—birth parents, adoptive parents, and the child. One of the most important decisions in this process is whether to pursue an open adoption or a closed adoption. Understanding the key differences between these types of adoptions is essential for making informed, thoughtful choices that best support the child’s long-term well-being. 

What Is an Open Adoption?

Open adoption is a type of adoption in which there is some degree of communication or contact between the birth parents and the adoptive family. This can range from occasional letters and photos to regular visits or phone calls. The level of openness is often agreed upon by both parties and can evolve over time.

Key Features of Open Adoption:

• Direct contact between birth parents and adoptive family
• Sharing of identifying information, such as full names or addresses
• Ongoing communication, which may include in-person visits, phone calls, texts, or emails
• Often includes a post-adoption contact agreement (not always legally enforceable)

Pros of Open Adoption:

• The child can have a clearer sense of identity and origins
• Birth parents can have peace of mind knowing their child is safe and well
• Adoptive parents have access to the child’s medical and family history
• Fosters a more open dialogue about adoption within the adoptive family

Cons of Open Adoption:

• Potential for emotional complexities or blurred boundaries
• May require ongoing negotiation and clear communication between families
• Not suitable for all situations, particularly when safety or stability is a concern

What Is a Closed Adoption?

Closed adoption is a more traditional form of adoption in which there is no contact between the birth parents and the adoptive family after the adoption is finalized. Identifying information is kept confidential, and records are typically sealed.

Key Features of Closed Adoption:

• No direct contact between birth and adoptive families
• All identifying information is confidential
• Adoption records are sealed and may only be accessed under specific legal circumstances

Pros of Closed Adoption:

• Clear boundaries that some adoptive or birth parents may prefer
• Greater sense of closure for birth parents
• May offer privacy and emotional protection in complex or high-risk situations

Cons of Closed Adoption:

• Adopted children may struggle with questions about identity
• Limited access to medical or genetic history
• Some birth parents and adoptees may experience a sense of loss or disconnection

Choosing Between Open and Closed Adoption

The decision between an open vs. closed adoption depends on a variety of factors, including personal values, emotional readiness, the specific needs of the child, and the nature of the relationship between the adoptive and birth families.

Questions to consider include:

• What level of contact feels healthy and manageable?
• Is there a mutual desire for communication from both birth and adoptive families?
• Are there concerns related to safety, trauma, or legal complications?

In recent years, open adoptions have become more common in the United States, reflecting a growing understanding of the benefits of openness for many adoptees. However, every adoption story is unique, and there is no one-size-fits-all answer.

Legal Considerations in the U.S.

One of the most important yet often overlooked aspects of adoption in the United States is that adoption laws are determined at the state level. This means that the legal framework surrounding open and closed adoptions—especially the enforceability of post-adoption contact agreements (PACAs)—can differ significantly depending on where you live.

What Are Post-Adoption Contact Agreements (PACAs)?

A Post-Adoption Contact Agreement (PACA) is a written agreement between the birth and adoptive families that outlines the nature and frequency of contact after the adoption is finalized. This might include:

• Periodic letters or updates
• Scheduled phone or video calls
• In-person visits
• Exchange of photos or school reports

These agreements can help maintain a healthy, structured relationship—especially in open adoptions. However, whether such agreements are legally binding varies widely.

Examples of State Laws on PACAs

Here are examples that show how different states handle post-adoption contact agreements:

States That Legally Enforce PACAs (if approved by the court):

• California: Enforceable as long as they are in the best interest of the child (Family Code § 8616.5).
• New York: Recognizes and enforces PACAs through judicial approval (Domestic Relations Law § 112-b).
• Oregon: Enforceable through the courts with mutual consent (ORS § 109.305).
• Massachusetts: Allows PACAs and courts may enforce them (MGL c.210 § 6C).

States That Allow But May Not Enforce PACAs:

• Texas: Permits contact agreements, but enforcement is generally discouraged unless it’s in the best interest of the child.
• Florida: PACAs may be entered into voluntarily but are not legally enforceable.
• Arizona: Permits legally enforceable PACAs only under specific conditions (ARS § 8-116.01).

States With Limited or No Provisions for PACAs:

• Alabama and Mississippi have little to no legal precedent or statutory guidance for enforcing post-adoption contact.
• Louisiana: Does not have laws supporting enforceable PACAs for private adoptions.

Why This Matters

The legal standing of a PACA can affect:

• The stability of the relationship between birth and adoptive families
• The child’s long-term access to their heritage and medical history
• The ability to resolve disputes if either party changes their mind about the contact agreement

In states where PACAs are not enforceable, the adoptive family can legally end communication even if a prior verbal or written agreement was made—something that can be deeply painful for birth parents and confusing for the child.

Always Work with Licensed Professionals

Because adoption laws and PACA enforceability vary so widely:

• Consult a licensed adoption agency familiar with your state’s regulations.
• Hire an adoption attorney to review or draft any PACAs.
• Ensure that any agreement aligns with the best interests of the child, as this is the standard most courts use in enforcement decisions.

Some families also choose to mediate PACAs through adoption counselors or therapists, especially in emotionally complex situations. This can help establish boundaries and avoid misunderstandings as relationships evolve.

Whether you’re a birth parent, adoptive parent, or adoptee, understanding the differences between open and closed adoptions is crucial for navigating the adoption process with clarity and compassion. Each type has its own set of benefits and challenges, and the “right” choice is the one that prioritizes the best interests of the child while supporting all parties involved.