Adoption is an important decision both for a parent giving up a child as well as for adoptive parents. Adoption will have a major impact on a child’s life and can provide a child with the love and support they need to thrive. When adoptions take place, there needs to be a contract that defines the situation. An adoption may be either open or closed, depending on the wishes of all parties. A knowledgeable adoption attorney will help you through the process and ensure that the adoption is done in accordance with the law.
What is Open Adoption?
Open adoption is a term that is used to describe an adoption in which the biological mother’s identity is known to the adoptive parents. Wisconsin law does not define an open adoption. However, it is generally up to the biological parent to determine whether any contact will be allowed with the child after adoption.
Many times, an open adoption will allow the biological mother to remain in contact with the child and may play a role in the child’s life to some extent. An open adoption does not keep the names of the biological parents a secret, as happens with a closed adoption. As a result, a child who was adopted with an open adoption agreement may be able to know their birth mother and may have communication either as a child or as an adult.
Benefits of Open Adoption
Open adoptions are now becoming the most common type of adoption. The open adoption allows a child to know their mother’s identity. When an adoption is closed, it can be quite difficult for an adoptive child to find their parents, even after they reach age 18. Open adoption gives the child the knowledge that they are adopted, which can help them understand and adjust to their heritage. With open adoptions, it is essential that biological and adoptive parents come to a mutual understanding of the expectations of the contract.
Closed Adoption in Wisconsin
Closed adoption is different from open adoption. Most adoptions are considered closed by default in Wisconsin. A closed adoption is one in which the biological parent does not maintain any ties with their child after adoption. The identity of the biological parent is withheld from the adoptive parents and the child. Most, if not all, of the information regarding the birth parents is kept confidential. With closed adoptions, it is generally understood that an adult adoptive child will not be able to locate his or her birth family.
Wisconsin Adoption Laws
Wisconsin is considered a closed adoption state. This means that the laws of Wisconsin do not recognize open adoptions. However, parents may still provide for an open adoption through an agreement with the adoptive parents. Under Wisconsin law, natural parents relinquish their parental rights when they agree to give a child up for adoption. The laws can make it challenging for open adoption. An experienced family law attorney will help establish the type of adoption that best suits your wishes and that meets the legal requirements.
Adoption can be complex, so it is very helpful to seek guidance from an attorney to assist you from start to finish. Call us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or contact us online to schedule a consultation.