One of the most personal decisions in the adoption process is how much contact, if any, the adoptive family and birth family will have after the adoption is finalized. Open and closed adoptions each come with real advantages and real trade-offs, and what works for one family may not work for another. Indiana law allows for a range of arrangements, and understanding your options before finalizing anything is one of the most important steps you can take.
What Is an Open Adoption
An open adoption is one where the adoptive family and birth family maintain some form of ongoing contact after the adoption is complete. Open adoption agreements in Indiana can take many forms, from the exchange of occasional letters and photos to regular in-person visits with the birth parents or extended birth family members.
Open adoptions in Indiana can be formalized through a post-adoption contact agreement, sometimes called a contact agreement or an open adoption agreement. These agreements are voluntarily entered into by the adoptive parents and birth parents. Under Indiana Code 31-19-16, Indiana courts can enforce written contact agreements in certain types of adoptions, providing that the contact is in the best interests of the child.
It is important to understand that a post-adoption contact agreement does not give birth parents any legal rights to the child. The adoption is final. The agreement is a commitment between the parties about contact, not a custody or parenting time arrangement.
What Is a Closed Adoption
In a closed adoption, there is no ongoing contact between the adoptive family and birth family after finalization. Records related to the adoption, including identifying information about the birth parents, are sealed and not accessible to the adoptive parents or the adopted child without a court order.
Closed adoptions were once the standard practice in the United States. They are now less common, but they remain a legitimate option for families in Indiana. Some birth parents prefer a closed adoption for privacy reasons. Some adoptive families choose this path when the circumstances of the adoption involve abuse, trafficking, or other situations where ongoing contact would not be safe or appropriate.
Semi-Open Adoption
Many families in Indiana choose something in between full openness and full closure. A semi-open adoption typically involves mediated contact, such as sharing letters and photos through an adoption agency or attorney, without direct communication between the families. This arrangement allows the child to have some information about their origins while maintaining the adoptive family's privacy.
Semi-open adoptions are common in domestic infant adoptions arranged through agencies. The level of contact is agreed upon before placement and can sometimes be adjusted over time as the child grows and the relationship between the families evolves.
Comparing Open and Closed Adoption
| Factor | Open Adoption | Closed Adoption |
|---|---|---|
| Contact after finalization | Yes, as agreed | No direct contact |
| Access to birth parent information | Shared as agreed | Sealed records |
| Legally enforceable contact agreement | Yes, in eligible cases under IC 31-19-16 | Not applicable |
| Birth parent involvement | Ongoing as agreed | None after consent signed |
| Child's access to identity information | Often available over time | May require court order to unseal records |
What Indiana Law Says About Post-Adoption Contact Agreements
Indiana Code 31-19-16 authorizes courts to enter post-adoption contact agreements in cases involving foster care adoption and stepparent adoption, among other circumstances. Not all adoptions are eligible for enforceable contact agreements under this statute, and the specifics depend on the type of adoption.
Even in cases where an agreement is not court-enforceable, adoptive parents can still enter into voluntary contact agreements. Many families honor these agreements without court involvement. However, without a court order, enforcement becomes more difficult if one party later decides not to comply.
If you are considering a post-adoption contact agreement, it is worth having an attorney review the document before you sign. The language matters, and what sounds straightforward may create ambiguity later.
What Is Best for the Child
Research on open versus closed adoption has evolved significantly over the past few decades. Studies have generally found that adopted individuals who have access to information about their birth families tend to have clearer senses of identity and fewer unanswered questions as they grow up. However, research also shows that the quality and consistency of contact matters more than the mere existence of it.
An open adoption with frequent, conflict-ridden contact can be more harmful than a closed adoption with stable, loving adoptive family relationships. Courts in Indiana apply the best interests of the child standard in all matters relating to adoption, and contact agreements are no exception. If contact becomes harmful to the child, the agreement can potentially be modified.
How to Decide What Works for Your Family
There is no universal right answer between open and closed adoption. Families should consider:
- The child's age and developmental stage at the time of adoption
- The nature of the birth parents' relationship with the child before placement
- Any safety concerns related to the birth family's history
- The birth parents' own preferences and willingness to participate appropriately
- The adoptive family's comfort level with ongoing contact
- The child's expressed wishes, when old enough to share them
Many adoption professionals recommend starting with more openness than you think you want and scaling back if needed, rather than starting closed and trying to open the adoption later. Relationships are easier to adjust than to rebuild from scratch.
Whether you are working through an Indiana family court process or an agency-facilitated placement, having experienced legal guidance throughout the process is important. Adoption is permanent. The decisions you make now about contact will affect your child and your family for years to come.
Frequently Asked Questions
Can a birth parent change their mind about an open adoption agreement?
In Indiana, once an adoption is finalized, birth parents have no legal parental rights. If a contact agreement exists and is court-enforceable, a birth parent who fails to comply may face legal consequences, but they cannot revoke the adoption itself. If the adoptive family decides to limit contact, the birth parent's legal options depend on whether the agreement is enforceable and what it requires.
Can adoptive parents change their mind about contact after finalization?
If the contact agreement is court-enforceable, the adoptive parents would need to seek a modification from the court. If the agreement is informal and voluntary, adoptive parents have more flexibility, though changing the arrangement can affect trust and the child's relationship with their birth family.
What happens to sealed adoption records when the child grows up?
Indiana law allows adopted individuals who are at least 21 years old to request non-identifying information about their birth parents through the Indiana Adoption History Registry. Access to identifying information or original birth certificates may require a court order, depending on the circumstances of the adoption.
Is open adoption common in Indiana foster care adoptions?
It depends on the case. When children are adopted from foster care, courts in Indiana often encourage or require some level of contact with siblings who were not adopted into the same home. Contact with birth parents is evaluated on a case-by-case basis based on the best interests of the child.
Do both birth parents have to agree to the type of adoption?
Both birth parents' parental rights must be terminated before an adoption can proceed. If both parents' rights are intact, both typically need to be part of the consent process. Contact arrangements would be agreed to with whoever holds legal rights at the time of consent.
Citations
- Indiana Code § 31-19-16 — Post-Adoption Contact Agreements: https://iga.in.gov/laws/2024/ic/titles/31#31-19-16
- Indiana Adoption History Registry — State of Indiana (DCS): https://www.in.gov/dcs/adoption/
- Child Welfare Information Gateway — Adoption Resources: https://www.childwelfare.gov/topics/adoption/
- Indiana Department of Child Services — Adoption Resources: https://www.in.gov/dcs/adoption/
This blog post is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, contact Ciyou and Associates, P.C. at (317) 325-8570 or visit ciyoulaw.com.
