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OPEN ADOPTIONS |
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What is the legal definition of an "Open Adoption"? |
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Is a promise of visitation by the birth parents legally enforceable? |
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In an adoption where the birth parents select the adoptive parents, can there be anonymity between the adoptive parents and birth parents? |
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Is there any way that an adopted child can later learn the identity of the birth parents? |
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In an adoption is it lawful to pay the birth parents any money? |
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Does the law firm of Gitlin, Busche & Stetler represent parties in adoption proceedings? |
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| Q: |
What is the legal definition of an "Open Adoption"? |
| A: |
There is none. Open Adoption is not a legal term. As the term is used by birth parents and by adoptive parents it can mean several things: (1) After the adoption the birth parent(s) will continue to have contact with the child. The contact can be as little as receiving pictures of the child on an annual basis, to regular visitation with the child, and the child, at an appropriate age, being told the identity of the birth parent(s). (2) To other people an Open Adoption is one in which the birth parent(s) interviews the prospective adoptive parents and reviews the backgrounds of the people who are interested in this adoption, and then it is the birth parents who make the selection. The selection process can be done in a private adoption. Some adoption agencies also allow the birth parents to select the adoptive parents. |
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| Q: |
Is a promise of visitation by the birth parents legally enforceable? |
| A: |
No. Illinois courts have held that even when the decree of adoption provides for visitation by the birth parents, any type of contact promised, or ordered by the decree, is not enforceable. The Illinois courts have held that an adoption is a complete termination of the rights of the birth parents. |
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| Q: |
In an adoption where the birth parents select the adoptive parents, can there be anonymity between the adoptive parents and birth parents? |
| A:: |
Yes. The entire procedure can be anonymous, with identifying data (such as last names and addresses) not being shown. An adoption can be on an anonymous basis at the request of either the birth parents or the intended parents. |
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| Q: |
Is there any way that an adopted child can later learn the identity of the birth parents? |
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Yes, but not through opening the adoption records. Illinois is extremely strict about opening adoption records. Perhaps if it would be a matter of life or death to the adopted child the court might open the adoption file, but anything short of life or death would probably fail to open the adoption file. Illinois , however, has an Adoption Registry under which mutually consenting adults who are birth parents and the adopted child (now an adult) may register and learn of each other's identity. |
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| Q: |
In an adoption is it lawful to pay the birth parents any money? |
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Yes, but for limited purposes. The medical and hospital expenses for the birth of the adoptive child may be paid by the adoptive parents. In addition the adoptive parents may, but only by prior order of court, pay the "reasonable living expenses" of the birth parents and the reasonable attorney fees of the birth parents. Reasonable living expenses means the reasonable costs of lodging, food and clothing for the birth parents during the period of the birth mother's pregnancy and for no more than 30 days after the birth of the child. |
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| Q: |
Does the law firm of Gitlin, Busche & Stetler represent parties in adoption proceedings? |
| A: |
Yes, in all types of adoption proceedings, including non-agency adoptions, agency adoptions, and international adoptions. |
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