Open Adoption

(1) Availability. In appropriate circumstances the Department may propose, as part of its adoption plan, that some limited contact between a child and his/her biological parents or grandparents or other extended family members occur after the child has been adopted. An open adoption will not be recommended for any child under 12 years of age, except in special circumstances, and only with the approval of the Area or Regional Director. (2) Criteria. An open adoption may be recommended by the Department to the Court hearing an adoption petition only under the following conditions: (a) severance of a relationship between a child and his/her parents or other extended family members will prove harmful to the child; and (b) both the adoptive parents and the biological parents consent; and (c) the child, if over 12 years of age, consents; and (d) the Department believes an open adoption is in the best interests of the child. (3) Review. The decision of the Department to recommend or not recommend an open adoption plan for a child is not a decision subject to review via the fair hearing process. Commentary Parents, both biological and adoptive, should be aware that the terms and conditions of an open adoption agreement, after the adoption has taken place, are not under the control of the Department, and any subsequent disagreements must be resolved by the parties themselves. It takes maturityand commitment byboth parties to carryout an open adoption successfully. Thus, open adoption needs to be a mutually consensual plan. Likewise, because social workers and lawyers must be careful that open adoption is not used as a vehicle in coercing an adoption surrender, nor as a quick solution to a problem case, and because open adoption must always be in the child's best interests, in every case where open adoption is proposed by the Department, the court where the legalization is to occur will be apprised of the terms of the proposed open adoption agreement.