Birth parents have rights and responsibilities until their parental rights are legally terminated or the adoption order is entered. When an adoption is finalized, the birth parents’ parental rights are terminated by court order. After the adoption order is entered, the adoptive parents become the child’s legal parents with all parental rights and duties. An open adoption may allow ongoing contact by agreement, but it usually does not preserve legal parental rights after finalization in Wisconsin. An experienced family law attorney will help guide you through the adoption process.
What is an Open Adoption?
When birth parents choose adoption, they often do not have any further involvement in the child’s life. However, an open adoption is different. An open adoption allows birth parents to remain involved in the child’s life to some extent. An open adoption may be a good choice for some parents, especially if they wish to be part of their child’s life. Both adoptive parents and birth parents need to fully understand the way open adoptions work in order to ensure that they are comfortable with the arrangement.
Birth Parents’ Rights in an Open Adoption
Typically, in closed adoptions, the birth parents give up their rights and are completely out of their child’s life once the adoption is complete. Wisconsin adoption records are generally confidential, but access to identifying information depends on the applicable statutes and release rules. However, in an open adoption, the birth parents may be known to the child and the adoptive family. Birth parents and adoptive families may voluntarily agree to ongoing contact, such as visits, letters, photos, or participation in milestones. In Wisconsin, post-adoption contact agreements are generally not enforceable as parental rights after finalization, though a court may order reasonable visitation in limited circumstances. Because the arrangement relies on mutual goodwill rather than a legal right, it’s important for both sides to discuss expectations clearly with an attorney before finalizing the adoption.
Pros and Cons of Open Adoption
There are several pros and cons to open adoption. An open adoption may help adopted children be more comfortable with their identity and may assist them in feeling more loved and supported. Children may be able to connect with their biological siblings, giving them a larger familial circle. Children have access to medical and genetic information that can be beneficial. There may be some disadvantages to open adoption as well.
Adoptive parents may not wish to share their child with another parent or family. If the birth parents are unfit, they could pose a potential risk to the emotional stability of the child. Adoptive parents and biological parents may not always agree about the way to raise the child, and these conflicts can be harmful to the child. In some cases, the birth parents may stop being as involved in their child’s life, especially when they move on with their lives, and this can cause a child to have emotional issues.
Help From a Knowledgeable Attorney
It is always helpful to seek guidance from a knowledgeable attorney when making important decisions about adoption. Your lawyer will help you understand and address the issues so you are comfortable with the choices you make. You should always be completely aware of the legal ramifications of each type of adoption before you enter into an agreement. To learn more about adoptions, contact us at (608) 784-8310 or online to request a consultation.