Education

For expectant or new mothers considering adoption, this page presents information that will not be shared with you in options counseling. Separation trauma and your rights in an open adoption must be presented in order for you to make an informed choice. Everyone deserves an informed choice. If you need more information or assistance, please contact Saving Our Sisters.

*Can I revoke my consent to adoption and the termination of my parental rights?

*Quick Answer: No
Long Answer: This is a question that does not have an easy answer. This page does not provide legal advice, so please contact an attorney for any definitive legal responses. Although, attorneys often promote open adoptions to expectant parents without fully informing them of the difficulty with enforcement. Often, expectant parents and prospective adoptive parents are given different information; ie- expectant parents may be told they can enforce a Post-Adoption Contact Agreement (PACA), while prospective adoptive parents may be told that they can always change or void the PACA. Most likely, the PACA will state somewhere in it that adoptive parents, not birth parents, have the authority to change/void an agreement. See below.

Most states do not recognize PACAs nor enforce open adoption agreements. Locate and know your state laws considering this matter! Adoption professionals will not automatically do this for you. If your state recognizes legally enforceable open adoptions- what are the mechanisms of enforcement? Will they hold adoptive parents in contempt? Will the adoptive parents be fined? Will the adoptive parents face jailtime? Most likely, your state has no true mechanism of enforcement. The adoption will not be overturned in any state if adoptive parents do not abide by the open adoption agreement.

Domestic Infant Adoption in the US is loosely regulated and appears to function as the Wild West in many states. There are plenty of entities promoting open adoption (this includes maternity homes, crisis pregnancy centers, healthcare workers, licensed or unlicensed adoption professionals, and religious organizations) to expectant parents because open adoption has become the main inducement for ensuring the completion of an adoption. The average private adoption today is $40,000 and higher. See a fee schedule example here. There is a tremendous amount of money involved concerning your decision.

There is NO legal definition for open adoption. They can range on a spectrum from simple identity disclosure to frequent visits between adoptive and biological families. It is when a birth parent wants to enforce what was promised to them that it becomes a gray issue. Will you be able to afford to retain an attorney if enforcement is needed? Will you be able to navigate the time and emotional fortitude it may take if enforcement is needed? If a judge sides with you, the parent who voluntarily terminated your parental rights over your child’s legal parents, how will enforcement play out for all involved? Emotions will be high and your child will be affected most by these types of disagreements and dissolutions. There is much to think about when considering open adoption. It is not the “happily ever after” that the industry likes to portray on their websites and social media platforms. Open adoptions involve real people with real emotions and this can lead to unforeseen outcomes. Return to questions.

*Quick Answer: No
Long Answer: You do NOT have to consent to the adoption of your baby and/or termination of your parental rights at any exact time concerning voluntary infant adoption in the United States. Most state laws have a specified time as a minimum- ie. 24, 48, or 72 hours after birth. That does not mean that you must sign at this time. Those times only mean that you cannot sign prior to them. You do NOT have to consent to the adoption of your baby and/or termination of your parental rights at all in voluntary infant adoption. Afterall, it is supposed to be voluntary. Still, adoption professionals and/or prospective adoptive parents might attempt to intimidate or threaten expectant parents with legal action if they choose not to move forward with an adoption plan after birth. If you are being told that you must sign at a specific time and/or you will face legal action if you choose not to sign at all, you might be in a situation where others are trying to intimidate or threaten you. Please contact Saving Our Sisters if you need assistance in separating yourself from bad actors. Return to questions.

*Quick Answer: Depends
Long Answer: There are no national laws concerning revocation in the United States. Each state has their own laws. If you need assistance revoking your consent to the adoption of your baby and/or the termination of your parental rights in a voluntary infant adoption, fill out an intake with Saving Our Sisters. Please see chart below for state revocation laws.
Return to questions.

Red Flags

(skip to red flags) There are uncomfortable truths about domestic infant adoption in the United States. Unfortunately, it is an industry that is more often marketing in search of babies for families rather than families for babies in need. The average infant adoption in 2024 is $40,000 (and can go upwards of $100,000 as seen in the fee list right) and most of the expenses are not for “legal fees,” but marketing, communication, matching, and a plethora of heavily padded services. There are few laws in place that protect how expectant parents are treated and what can be promised to them. Non-directive options counseling is not required and adoption professionals frequently engage in language that assigns value to the choice of adoption over other options. Studies have been conducted in order to learn the most effective ways to make adoption an appealing choice to expectant parents who may be in crisis (example shown below: Birthmother, Good Mother conducted by The Family Research Council and The National Council for Adoption). If you believe the adoption professional you are connected with is practicing any of the red flags listed in the table below, please consider contacting Saving Our Sisters for more accurate and unbiased information. Saving Our Sisters is a non-profit comprising of birth moms who have experienced coercive and directive language firsthand. (For transparency- the administrator of this page is a Saving Our Sisters board member)

Image above: A fee list provided by Gladney Center for Adoption, 2024

Image left: A 2007 study conducted to examine how those with unplanned pregnancies can be guided into making an adoption decision over a parenting decision.

Red Flags in Adoption

An offer is made to move you to another state. This can leave you isolated and vulnerable. It is often done to ensure that you have fewer rights.	Value is assigned to adoption. Counseling is directive. For example, words like brave, selfless, mature, responsible, etc are used. This implies other choices may be cowardly, selfish, immature, or irresponsible.
Guarantees of control or empowerment in an adoption decision. Phrases such as “you are in the driver’s seat.” Once parental rights are terminated, there is very little control over an open adoption arrangement.	Promises made that in an open adoption the birth mom is in control of communication. After an adoption, the adoptive parents hold control over communication.
You must pay back “birth” mom expenses or sign a contract promising to pay back expenses. The only state that codifies expense repayment is Idaho.	Calling you a “birth” mom before your baby has been born or you have signed any irrevocable paperwork. This is done as a means to dissociate you from your baby and pregnancy.
Placing emotional burdens of prospective adoptive parents upon you- telling you how many failed adoptions or miscarriages they have had.	Promises that your child will one day thank you for placing them for adoption or that they will grow up confident in your love for them.
Telling you that you can have an open adoption without walking you through the mechanisms of how an open adoption can be enforced. There are currently no states that overturn an adoption or require penalties such as fines or jailtime for adoptive parents who close an open adoption.	Having you sign paperwork in the hospital while you are recovering from labor and delivery, especially while medicated for pain. These are things that can be done off hospital grounds after you have recovered.
Having you make a comparison list during options counseling. This is a list of what you have to offer your baby compared to what prospective adoptive parents could offer.	Minimizing your child’s connection to race, culture, biological connections, etc. In example- “DNA doesn’t matter” or “we are colorblind” or “love makes a family.”
Treating you like a hired surrogate. Making you feel as if you are carrying the child of prospective adoptive parents.	Referring to your baby as the prospective adoptive parents’ baby while you are still pregnant and/or still retain your parental rights.
Applying pressure on you about how much time and money has been invested in your adoption decision.	During counseling, options other than adoption are not seriously explored.
Implying that you are not enough as a single parent. A 2-parent household is the only “responsible” choice.	Being told that adoption is “putting your baby’s needs above your own.”
If you say that something makes you uncomfortable, the response is that “this is just how it’s done.” This especially applies at the hospital during and after labor.	You are told that it is standard and preferred that the prospective adoptive parents are in the delivery room and need skin-to-skin contact asap.
You are told to distrust anyone who might question your adoption decision.	You are made to feel guilty for wanting to spend time with your baby after birth.
Revocation of your consent to adoption has not been presented to or discussed with you. Most states do not have a revocation period and this is crucial information to know. (See consent/revocation table at bottom of page)	The adoption professional speaks with hospital staff and tells them to encourage you in your adoption decision no matter what. This means that if you have second thoughts and show signs such as sobbing or requests for help- hospital staff may be disinclined to get involved.
Being told that your life can or will go back to “normal.” Separation from your baby is a traumatic event and studies have shown that one does not simply go back to “normal.” (See studies section on this page)	Being told to stick to your adoption plan if you start having second thoughts. That any second thoughts are normal and will pass. These feelings should be explored before a permanent decision is made.
You aren’t given copies of any paperwork you have signed. This happens more often than not.	You are told that adoption is a win-win. There is a lot of trauma and emotional complexity involved in an adoption decision that cannot be simplified as a win-win situation.
Making you believe that your state’s minimum consent time is when you must consent to an adoption. It is the minimum, not the maximum. (Example- your state requires 48 hours after birth before you can consent. This does not mean you must consent at 48 hours. You can take more time as needed)	The adoption professional encourages you to match with prospective adoptive parents as quickly as possible and start building a relationship with them. This can lead to feelings of guilt and obligation if you no longer want to choose adoption.
Being told to accept as much financial assistance from the agency/prosepctive adoptive parents as your state allows. This may be used to guilt/shame you later if you change your mind.	The weaponization of Child Protective Services. Often, parents will get an anonymous report made on them if they have chosen to no longer place their baby for adoption. This can happen during pregnancy or after birth.
Appeals to God or a Higher Power. Many adoption professionals and prospective adoptive parents are of the Christian faith. Often, an adoption plan is framed as “God’s Plan.” There is no Biblical scripture that asserts a child has been placed in the womb of one parent who is meant for another.	You are encouraged to participate in a pregnancy photoshoot including the prospective adoptive parents. You are encouraged to attend the prospective adoptive parents’ baby shower. This can add guilt and obligation if you want to change your mind later.
Omitting information about the effects of maternal separation and trauma. Many adoption professionals today speak about the “lifelong” need for post-placement services for both birth parent and adoptee. This is information that should be provided and explored.	Unless you have an engagement letter from an attorney, any attorney provided to you by an adoption professional or prospective adoptive parents, is not working FOR you.
An adoption professional tells you that there are “all kinds” of studies about open adoption. There have only been two long-term studies done regarding openness in adoption. One of which found that at 14 years, only 2% of adoptive families maintained face-to-face contact with biological families.	If any legal paperwork you receive from the adoption professional has pre-filled responses. You should read everything you are expected to sign and fill in information yourself manually.
The paperwork you receive at the time of signing includes a revocation waiver form. If you are signing in a state that allows a revocation period, that is YOUR RIGHT. Anyone offering or expecting you to forfeit your revocation rights does not have yours or your baby’s best interests in mind.	The adoption professional thanks you for “choosing life.” Oftentimes, expectant parents have not considered terminating a pregnancy. Adoption professionals are aware of this, but thanking expectant parents for “choosing life” is used as a way to ingratiate themselves. It is similar to “brave” and “selfless” being used to direct expectant parents into placing their baby for adoption as the responsible choice.

Adoption Studies

*As of 2025, there have only been 2 long-term studies regarding openness in adoption

First/Birth Mother

2018

“The results of this analysis demonstrate that for many birth mothers, satisfaction is not static. Rather, time (measured by years since relinquishment) was found to have a significant inverse relationship with birth mothers’ satisfaction regarding their decision to place their child for adoption.”

Culmination of Studies. Research Article: The Relationship Between Time and Birth Mother Satisfaction With Relinquishment

2017

“Landmark Donaldson Adoption Institute Study reveals financial difficulties, social pressures and lack of support all factors in decision-making for expectant mothers.”

Understanding Options Counseling Experiences in Adoption: A Qualitative Analysis of Birth Parents and Professionals

2017

“Among women motivated to avoid parenthood, as evidenced by abortion seeking, adoption is considered or chosen infrequently. Political promotion of adoption as an alternative to abortion is likely not grounded in the reality of women’s decision making.”

Adoption Decision Making among Women Seeking Abortion.

2014

“Birth parents express repressed feelings of shame, guilt, anger, and sadness from placement that may manifest as subsequent infertility, disruptive marriage relationships, addiction, clinical depression, and overprotectiveness of any additional children”…”Some clinicians identify grief as the dominant emotion driving such pathological behavior and call for consideration of grief as a major indicator of the posttraumatic stress disorder created by adoptive placement.”

“birth mother grief is like taking the continuous grief over the loss of a child and then adding Complicated Grief Disorder (CGD) AND Prolonged Grief Disorder (PGD) AND Post Traumatic Stress Disorder (PTSD) while being expected to deal with it all silently because it was a choice.”

Birth Mother Grief and the Challenge of Adoption Reunion Contact

2010

“Relinquishing their child has meant losing their only opportunity to parent a birth child, and that has bought tremendous anguish. Women considering relinquishing a child need to be made aware that secondary infertility is a real and present possibility.”

Secondary Infertility and Birth Mothers

2009

“By phase four of the long-term study, contact with birth family dropped from 60.2% to 39.2%. Contact consisted of 11.9% by phone, 7.5% by mail, and 6.2% by in-person meetings.” [Reader: That is an overall 2.4% that have in-person meetings by 14 years]

Patterns and Predictors of Adoption Openness and Contact: 14 Years Postadoption

2007

“They found that the effects of the loss of the child on the mother were both negative and long lasting. All of the mothers who participated in the study reported a sense of loss, which did not diminish over time. In fact, approximately half of the mothers surveyed reported an increase in the sense of loss over time.”

Long term outcomes of losing a child through adoption: the impact of disenfranchised grief

2000

Counselors are directed to encourage mothers in vulnerable situations to relinquish:

“Counselors must be trained to give women sound reasons that will counter the desire to keep their babies. One example is to reinforce the notion that it takes a strong, mature woman to place a child for adoption. Arguments about financial survival can be compelling as well. Counselors must communicate that adoption can be the heroic, responsible choice and that the child benefits tremendously.”

THE MISSING PIECE Adoption Advocacy and Pregnancy Resource Centers

1978-2007

“comparable to losing an infant through death, it is a very stressful event for the relinquishing mother. This stress, combined with a powerful grief reaction, can predispose these women to a number of long-term adverse effects”

A Collection of Birth Mother Studies over a 30 year span

1999

Study selection: Twelve studies met the inclusion criteria and were included in the analysis.

Data synthesis: A grief reaction unique to the relinquishing mother was identified. Although this reaction consists of features characteristic of the normal grief reaction, these features persist and often lead to chronic, unresolved grief.

Conclusions: The relinquishing mother is at risk for long-term physical, psychologic, and social repercussions. Although interventions have been proposed, little is known about their effectiveness in preventing or alleviating these repercussions.

Postadoptive reactions of the relinquishing mother: a review

Adoptee

2016

“When we used regression analysis to adjust the academic performance indicators for disparities across groups in related factors like parent education, family income, and age, sex, and race of the students, we found that adopted students continued to have significantly higher problem rates. Indeed, because adoptive families tend to be well above average in income and educational attainment, the statistical adjustments sometimes magnified the differences in problem frequencies.”

National Household Education Survey, Parent and Family Involvement Component

2014

“While openness in adoption has become more common in the United States, little research has examined contact between birth and adoptive families as adoptees become adults…few studies about adoption openness have targeted adult adoptees…Crea and Barth (2009), in their longitudinal study of adoptive families (N = 469 adoptees), found that the overall number of adoptive families in contact with birth families decreased between 8 and 14 years post-adoption, consistent with earlier research (e.g., Frasch, Brooks, & Barth, 2000).”

Adoptees’ Contact with Birth Relatives in Emerging Adulthood

2013

“Assume that all children who have been adopted or fostered have experienced trauma. Just as not every child exposed to tuberculosis develops hemoptysis, fevers, and weight loss, not every child exposed to stress will develop trauma symptoms…The pediatrician must assume that such exposure could have profoundly impacted the child, and must use history taking, surveillance questions, and screening tools to accurately assess trauma’s impact.”

Helping Foster and Adoptive Families Cope With Trauma

2012

“One of the most significant findings within this respondent group appears to be that, regardless
of whether they had a positive or more challenging experience growing up within their
adoptive family (roughly equal proportions of each participated in this study), most participants
identified issues relating to problems with attachment, identity, abandonment and the parenting
of their own children.
Compared to Australian population estimates, adoptees responding to our survey had lower
levels of wellbeing and higher levels of psychological distress, and almost 70% of adoptee
survey respondents agreed that being adopted had resulted in some level of negative effect on
their health, behaviours or wellbeing while growing up.”

Past Adoption Experiences

2008

“Nonetheless, being adopted approximately doubled the odds of having contact with a mental health professional and of having a disruptive behavior disorder. Relative to international adoptees, domestic adoptees had higher odds of having an externalizing disorder.”

The Mental Health of U.S. Adolescents Adopted in Infancy

1998-2008

“The odds of a reported suicide attempt were ∼4 times greater in adoptees compared with nonadoptees.”

Risk of Suicide Attempt in Adopted and Nonadopted Offspring

2006

“The attachment bond between a mother and her child is first formed in the womb, where fetuses have been found to develop preferential responses to maternal scents and sounds that persist after birth, explains Myron Hofer, who was director of the Sackler Institute for Developmental Psychology at Columbia University until his retirement in 2011.”

How Mother-Child Separation Causes Neurobiological Vulnerability Into Adulthood

2004

“Adolescence, especially, is a crucial period in the development of one’s identity. For example, knowing about one’s medical background, why one was adopted, where one’s red hair came from, or who else in the family was artistic is a basic human need; it is a need that is taken for granted by most nonadopted people because it is always there. Denying adopted children this information is seen as an infringement upon basic human rights, and can lead to an array of emotional and identity problems (Neil 2000a).”

Adolescents’ Satisfaction with Contact in Adoption

1998-2004

“Although most adopted adolescents are psychologically healthy, they may be at elevated risk for some externalizing disorders, especially among those domestically placed.”

The Mental Health of US Adolescents Adopted in Infancy

2001

“Attempted suicide is more common among adolescents who live with adoptive parents than among adolescents who live with biological parents.”

Adoption as a Risk Factor for Attempted Suicide During Adolescence

Maternal Separation

2019

“Keeping mothers and newborns together during the perinatal period is so critical to the safety and health of mothers and newborns, that Bergman, a specialist in perinatal neuroscience, called for promoting, supporting, and protecting a policy of “zero separation” at all costs. Bergman emphasized that SSC [skin to skin care] with zero separation is the biologic norm and the one intervention above any other that can improve maternal and neonatal outcomes and the quality of survival.”

Healthy Birth Practice: Keep Mother and Newborn Together

2018

How Mother-Child Separation Causes Neurobiological Vulnerability Into Adulthood

2018

“The early life of most mammals is expended in near contact with the mother and for the newborn. Early MS [Maternal Separation] is a traumatic occurrence that, conditioning on the different situations, can form its behavioral and neurochemical phenotype in adulthood. Studies in rodents exhibited that a very short separation cooled by a greater maternal care can completely affect the development of offspring. Nevertheless, prolonged MS [Maternal Separation] origins stress.”

Early Life Experience: Maternal separation, involvement of GABA and Glutamate transporters

2011

“Dr. John Krystal, Editor of Biological Psychiatry, commented on the study’s findings: “This paper highlights the profound impact of maternal separation on the infant. We knew that this was stressful, but the current study suggests that this is major physiologic stressor for the infant.”

Maternal separation stresses the baby, research finds

2011

“When we hold our babies for the first time, we might imagine that they’re clean slates, unmarked by life, when in fact, they’ve already been shaped by us and by the particular world we live in.”

What We Learn Before We’re Born

Knowing Your Rights in an Open Adoption

Open Adoption is the most popular form of domestic infant adoption (DIA) today, yet there is no standard legal definition for Open Adoption. Laws and Terms vary by state. Know your rights, or lack thereof, before terminating your parental rights over your child.

You could possibly never see your child again. Open adoptions are often closed and courts will seldom undermine the decisions of legal (adoptive) parents in order to serve parents (biological) who have voluntarily terminated their parental rights. *This page does not provide legal advice.

For more informative videos about adoption practices and nuances, please visit The Family Preservation Project’s TikTok page.

@family_preservation
What to Consider When Considering Adoption: An Attorney Take on Open Adoption #adoption #openadoption #adoptiontiktok #adoptionjourney #adoptionfraud #birthmom #pregnancyoptions #unplannedpregnancy #pregnantandscared #birthmomstrong
♬ original sound – TheFamilyPreservationProject

Adoption professionals will and do misrepresent birth parent rights in open adoption. There is currently a shortage of ethical advocates working in Domestic Infant Adoption (DIA) because there is minimal regulation over the industry. There is little recourse if you find that you have been defrauded in your promise of an open adoption. Adoption professionals can make promises of openness and they face no consequences when these promises are not kept. Here is an example of an adoption facilitator claiming on their website that birth parents are both in “complete control” and have no control:

As of 2024, The Federal Trade Commission is looking into adoption facilitators who are promising open adoptions to expectant parents without disclosing the enforceability of them. See press release below.
FTC Warns Adoption Intermediaries Against Misleading Parents

The following quotes about Open Adoptions are from various adoption professionals and publications:

“Since all rights and responsibilities are terminated between the child’s biological family and the child, and a new legal relationship is created, enforcement of post-adoption contact agreements must be handled as a contract. For any other issue surrounding a child, to argue that a contractual arrangement controls the parent-child relationship between one family and another unrelated family would be seen as outrageous. Adoption is not a custody arrangement, and it should not be treated as such.”- Post-Adoption Contact Agreements: To Promote Court-Enforceability or Not?– National Council for Adoption Aug. 1, 2018

“The majority of states don’t consider these written agreements (often called Open Adoption Agreements or Post-Adoption Contracts) as true contracts, so the terms aren’t usually enforceable under the law. The system, in most parts, operates on the basis of trust and good will. Moreover, in those states where Post-Adoption Contracts are considered legally enforceable, they are also considered “voidable.” In the event that a judge considers the arrangement to be against the child’s best interests, he or she can alter its terms or nullify it entirely.” – Maxine Chalker, MSW / LSW is the founder and executive director at Adoptions From The Heart

“There is not really a template for what these agreements should entail as open adoption agreements are a fairly new concept and not legally enforceable in many states. Even those states that do state they legally enforce their open adoption agreements, there are many loopholes, stipulations, and faults with the law.”- The Reality of Open Adoption Agreements, Adoption.com 2018

“The problem is, in most states open adoption agreements aren’t legally binding. If the adoptive parents- or you,- for that matter- decide to take a step back or shut down the adoption entirely, there is very little the other side can do stop it.”- 9 Signs the Adoptive Parents Will Close Your Adoption and What You Can Do About It Before Placement, America Adopts

“Many parents are participating in open adoptions, which is where the biological and adoptive parents create a written agreement that allows visitation and regular updates on the child. Not all states will enforce these contracts…”- Rights of Birth Parents and Grandparents After Adoption, Lawyers.com

“Rights are often sparse when adopting a child out to another family.”- Birth Parents’ Rights After an Open Adoption, HG.com Legal Resources

“A Post Adoption Contract Agreement (PACA) is an agreement that allows for certain, specified contact between the Birth Parents and Adoptive Parents. Laws on PACAs will vary from state to state. Some states will enforce them so long as they serve the best interest of the child and other states will either prohibit or not enforce them”- Types of Adoption Options, Adoption Network

“If a relationship between a set of birth parents and adoptive parents sours after the adoption has taken place, the adoptive parents may decide to eliminate any visits from the biological parents that were agreed upon beforehand. Even though these visitation agreements normally find their way into legal adoption papers, the biological parents have little to no legal recourse to continue their visits to the child.”- Open Adoption FAQ, FindLaw.com

“It is possible for the adoptive parents to cut off all access even in the open process…There is little the biological mother and father can do unless they seek to reacquire the youth.”- Birth Parents’ Rights After Open Adoption, HG.com Legal Resources

“Some adoptive parents may say they want an open adoption…Or, pressured by their agency, they may say they want one because they know that it will increase their chances of finding a match. But talking the talk is one thing. Walking the walk is another…But if you find that can’t penetrate it, it could be a bad omen for what’s to come later.”- 9 Signs the Adoptive Parents Will Close Your Adoption and What You Can Do About It Before Placement, America Adopts

“If the post-adoption contact is an agreement through an open adoption, it is not a true contract in the legal sense. The agreement exists to provide contact between birth and adoptive parents. However, without an actual contract in place to legally enforce the communication with the child, the birth parents may see little or nothing come to fruition.”- Open Adoption Agreements, Are They Legally Enforceable?, HG.org

“If the birth parents use a contract to create an agreement with the adoptive parents, they can use the contract in the courts to enforce contact if the other mother and father refuse which could violate the terms in the legal agreement…however, even the judge may determine that this will need to wait if the youth is too young to understand the situation. Additionally, the judge will do what is in the best interest of the child even if that is to disregard the contract at that specific time.”- Open Adoption Agreements, Are They Legally Enforceable?, HG.org

“A large reason open adoption agreements are largely not legally enforceable is for the simple fact that no one knows what the future holds. Ultimately, adoptive parents have the power in these situations to make decisions based on their child’s best interest. Often, it is the unintended abuse of that power in the form of unrealistic promises that can make or break a trusting relationship between adoptive and birth parents.”- The Reality of Open Adoption Agreements, Adoption.com 2018

“If you have an official open adoption contract, it is technically illegal to close the adoption completely. However these contracts are difficult to enforce, so even a contracted open adoption can be closed.”- Can I Close My Open Adoption?, Adoption.org

“The majority of the time, an open adoption is simply a verbal agreement between adoptive and birth parents to maintain contact. There is typically not concrete documentation of an agreement to openness; therefore, the level of openness can change at any time, whether the decision is mutual or not.”- Can I Close My Open Adoption?, Adoption.org

“In most states, post-adoption contact agreements are not true contracts. That is, they are not legally enforceable. Even if both parties sign an agreement with the agency to an open adoption, the contract can be broken at any time without legal consequences.”- Are Open Adoption Agreements Legally Enforceable?, Adoption.org

“In fact, the courts generally only enforce an open adoption agreement if it clearly benefits the minor child. Although the courts often side with the adoptive parents…At the end of the day, they have the final say over who they let into their child’s life.”- 5 Open Adoption Legal Issues Adopting Parents Need to Know, America Adopts

“Open adoptions vary depending on the type of relationship that the birth parents and the adoptive parents have agreed to…In open adoption there is never any guarantee that the adopting family will keep their side of the agreement to stay in contact.”- USLegal.com

“When adoptive parents are surprised by the incidence, frequency, or duration of postplacement contact, they express more discomfort and dissatisfaction with openness. Surveys do suggest that many adoptive parents feel pressured to agree to an open arrangement in order to receive a child.”- Risks and Benefits of Open Adoption, Marianne Berry

“If the adoptive family refuses to make contact even after a judge has ordered it, there are potential charges and fines. Even so, most of the time adoptive parents are not punished for breaking the contract…when the adoptive family feels that openness is harmful to the child, they can appeal to the courts to have the contract annulled. This way they are not held responsible when they refuse the contract they had initially agreed to.”- Are Open Adoption Agreements Legally Enforceable?, Adoption.org 2018

“PACAs (Post Adoption Contract Agreements) are NOT custody agreements…In most states, PACAs are not legally enforceable…the PACA is only as good as the parties who abide by it.”- Post Adoption Communication Agreements, Thompson McMullan PC

“A Petition to Modify- In many jurisdictions, only the adoptive parents or the child can file a petition to modify. A Petition to Terminate- This would be a request to do away with the PACA altogether. Again, in many jurisdictions, only the adoptive parents or the child can file this petition.”- What is a Post Adoption Contact Agreement and How Does It Work?, Willig Williams Davidson

“An open adoption agreement can specify frequency and manner of contact between adoptive and birth families…However, while it may be drawn up in the form of a contract and signed by both parties, it is not legally binding.” –Adoption Laws, Adopt.org

“…Adoptive parents are the legal parents once an adoption has been finalized and do have the right to change their minds about how to raise their child, which may make enforcement of open adoption contracts impossible in some situations.”- The Adoption Option, Center for American Progress

“The burden of proof is on the party seeking enforcement, and the standard of proof is a preponderance of evidence.”- Post Adoption Contact Agreements (PACAs) and Open Adoption, DawnCoppock.com, Adoption Attorney

Examples of Post Adoption Contact Agreements

Most Post Adoption Contact Agreements give adoptive parents the option to close an open adoption. Your connection with your child is at stake. Please consider what recourse you have, and the affordability of that recourse, if the adoptive parents choose to close an open adoption. Open adoptions are rarely enforced and most states do not recognize Post Adoption Contact Agreements.
*This page does not provide legal advice.

Georgia Post Adoption Contact Agreement Example:

“As legal parents, the adoptive parent(s) have the right to make all decisions that they determine to be in the best interest of the child, including WHETHER COMPLIANCE WITH ANY CONDITIONS OF THIS AGREEMENT IS IN THE BEST INTEREST OF THE CHILD.” (bold for emphasis)

Adoptive parents CAN CLOSE open adoptions. Read the fine print in your contract.

Tennessee Post Adoption Contact Agreement Example:

“All parties agree that the adoptive parents are empowered to make life decisions to support their child’s best interest…the adoptive parents may alter or end the contact agreement in order to protect the interests of the child.” (bold for emphasis)

This section is not legal advice. It is an attempt to provide the most recent state laws regarding consent and revocation as a courtesy to expectant parents. If an adoption is subject to ICWA (Indian Child Welfare Act), it may also be subject to different laws.

State	Consent to Adoption	Revocation of Consent
AL	Anytime during pregnancy or after	Once signed or confirmed, may be withdrawn within five days after birth or within five days after signing of the consent or relinquishment, whichever comes last.
AK	The required consent to adoption shall be executed at any time after the birth of the child in the presence of the court or in the presence of a person authorized to take acknowledgments.	A consent to adoption may not be withdrawn after the entry of a decree of adoption/10 days after the consent is given
AZ	A consent given before seventy-two hours after the birth of the child is invalid.	A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence.
AR	The required consent to adoption shall be executed at any time after the birth of the child.	There are stipulations. A withdrawal of a consent to adoption can be found here.
CA	California adoption law varies depending on whether an agency or attorney is used. Codes can be found here.	California adoption law varies depending on whether an agency or attorney is used. Codes can be found here.
CO	Stipulations to consent can be found here 19-5-103.	Stipulations for revocation of consent can be found here 19-5-104.
CT	No consent to termination by a mother shall be executed within forty-eight hours immediately after the birth of her child.	Sec. 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption. The court may grant a motion to open or set aside a judgment terminating parental rights pursuant to section 52-212 or 52-212a or pursuant to common law or may grant a petition for a new trial on the issue of the termination of parental rights, provided the court shall consider the best interest of the child, except that no such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such motion or petition.
DE	A mother whose consent to the termination of parental rights is required may execute a consent only after the child is born. A father or presumed father may execute a consent either before or after the child is born.	Once the requirements under subsections (d) and (e) of this section have been met, the consent to termination and transfer of parental rights is irrevocable unless the requirements under § 1106B(a) of this title have been met.
FL	A consent to the adoption of a minor who is to be placed for adoption may be executed by the birth mother 48 hours after the minor’s birth or the day the birth mother is notified in writing, either on her patient chart or in release paperwork, that she is fit to be released from the licensed hospital or birth center, whichever is earlier.	The consent is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or duress.
GA	Section 19-8-5 The surrender of rights to the department, a child-placing agency, or an out-of-state licensed agency specified in paragraphs (1) and (2) of subsection (e) of this Code section shall be executed following the birth of the child	Section 19-8-9 Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, an individual signing a surrender of rights pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall have the right to revoke such surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within four days after signing such surrender; and such surrender document shall not be valid unless it so states.
HI	The petition may be filed at any time following the mother’s sixth month of pregnancy; provided that no judgment may be entered upon a petition concerning an unborn child until after the birth of the child and in respect to a legal parent or parents until the petitioner or petitioners have filed in the termination proceeding a written reaffirmation of their desires as expressed in the petition. Section 571-61	Withdrawal of consent. A consent to adoption which has been filed or received in evidence in an adoption proceeding or which has been given to the department of human services or to a child placing organization approved by the department under section 346-17, or to any other proper person not forbidden by law to place or receive an individual for adoption, may not be withdrawn or repudiated after the individual has been placed for adoption, without the express approval of the court based upon a written finding that such action will be for the best interests of the individual to be adopted. Section 578-2
ID	Idaho law does not address timeframe for consent. Consent laws can be found here. Section 16-2005	Idaho has stipulations with revocation that can be found here. Section 16-1515
IL	No consent or surrender shall be signed within the 72 hour period immediately following the birth of the child.	A consent or a surrender signed not less than 72 hours after the birth of the child is irrevocable except as provided in Section 11 of this Act.
IN	The consent to adoption may be executed at any time after the birth of the child. IC 31-19-9-2	There are stipulations for revocation that can be found here. IC 31-19-10-3
IA	Consent to adoption can be found in Chapter 600 of Iowa law.	Withdrawal of consent to adoption can be found in Chapter 600 of Iowa law.
KS	A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child. Statute 59-2116.	A consent is final when executed, unless the consenting party, prior to final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. Statute 59-2114.
KY	An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to seventy-two (72) hours after the birth of the child. A voluntary and informed consent may be taken at seventy-two (72) hours after the birth of the child and shall become final and irrevocable seventy-two (72) hours after it is signed. Effective: June 27, 2019 KRS Chapter 199.500	An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to seventy-two (72) hours after the birth of the child. A voluntary and informed consent may be taken at seventy-two (72) hours after the birth of the child and shall become final and irrevocable seventy-two (72) hours after it is signed. Effective: June 27, 2019 KRS Chapter 199.500
LA	Relinquish: That the act is not being executed earlier than (a) the third day following the birth of the child if it is an agency adoption, or (b) the fifth day following the birth of a child if the adoption is a private adoption;	Revocation: That the parent consents to an adoption which consent is final and irrevocable.
ME	Surrender and release or consent; presence of judge. With the approval of the court of any county within the State and after a determination by the court that a surrender and release or a consent is in the best interest of the child, the parents or surviving parent of a child may at any time at least 72 hours after the child’s birth.	The court has explained the individual’s parental rights and responsibilities, the effects of the surrender and release or the consent, that in all but specific situations the individual has the right to revoke the surrender and release or consent within 5 working days and the existence of the adoption registry and the services available under Title 22.
MD	Consent to adoption is not valid unless the consent is given after the prospective adoptee is born.	Revocation satutes can be found here.
MA	Such written consent shall be executed no sooner than the fourth calendar day after the date of birth of the child to be adopted.	A consent executed in accordance with the provisions of this section shall be final and irrevocable from date of execution.
MI	The out-of-court release shall not be signed until after a 72-hour waiting period that begins at the time of the child’s birth has expired. Section 710.29	A request for revocation in writing to the adoption attorney or child placing agency that accepted the out-of-court release not more than 5 days, excluding weekends and holidays, after the out-of-court release was signed. Section 710.29
MN	Time of consent /notice of intent to consent to adoption not sooner than 72 hours after the birth of a child. Section 259.24	A parent’s consent to adoption under this chapter may be withdrawn for any reason within ten working days after the consent is executed and acknowledged. Section 259.24
MS	Consent shall be duly sworn to or acknowledged and executed…not before seventy-two (72) hours after the birth of said child.	No action shall be brought to set aside any final decree of adoption, whether granted upon consent or personal process or on process by publication, except within six (6) months of the entry thereof.
MO	The written consent required by the birth parent shall not be executed anytime before the child is forty-eight hours old.	Notwithstanding any other provision of law to the contrary, a properly executed written consent under this subsection shall be considered irrevocable.
MT	A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met: a. the child has been born; b. not less than 72 hours have elapsed since the birth of the child…	A relinquishment may not be revoked if an order has been issued terminating parental rights.
NE	A written consent or relinquishment for adoption under this section shall not be valid unless signed at least forty-eight hours after the birth of the child.	Revocation statutes can be found here.
NV	All releases for and consents to adoption executed in this state by the mother before the birth of a child or within 72 hours after the birth of a child are invalid.	A written consent to a specific adoption pursuant to this chapter cannot be revoked or nullified.
NH	No surrender shall be taken until a passage of a minimum of 72 hours after the birth of the child.	A surrender executed and acknowledged may not be withdrawn unless the court finds that the parent seeking to withdraw his or her surrender has proven by a preponderance of the evidence that the surrender was obtained by fraud or duress. Or the withdrawal of the surrender is in the best interests of the adoptee.
NJ	A surrender of a child shall not be valid if taken prior to the birth of the child who is the subject of the surrender. A surrender by the birth parent of a child shall not be valid if taken within 72 hours of the birth of the child. 9:3-41 (may need to use “search” on the website)	The surrender shall be valid and binding without regard to the age of the person executing the surrender and shall be irrevocable except at the discretion of the approved agency taking such surrender or upon order or judgment of a court of competent jurisdiction setting aside such surrender upon proof of fraud, duress or misrepresentation by the approved agency. 9:3-41 (may need to use “search” on the website)
NM	No consent to adoption or relinquishment of parental rights shall be valid if executed within forty-eight hours after the adoptee’s birth.	A consent to adoption shall not be withdrawn prior to the entry of a decree of adoption unless the court finds, after notice and an opportunity to be heard is given to the petitioner and the adoptee, that the consent was obtained by fraud. In no event shall a consent or relinquishment be withdrawn after the entry of a decree of adoption.
NY	Private Placement Laws here. Agency Placement Laws here.	Private Placement Laws here. Agency Placement Laws here.
NC	48-3-604 The mother of a minor child may execute a consent to adoption at any time after the child is born but not sooner.	48-3-608- Stipulations for revocation of consent
ND	The required consent to adoption must be executed at any time after the birth of the child.	A consent to adoption cannot be withdrawn after the entry of a decree of adoption.
OH	The required consent to adoption may be executed at any time after seventy-two hours after the birth of a minor.	A consent to adoption is irrevocable and cannot be withdrawn after the entry of an interlocutory order or after the entry of a final decree of adoption when no interlocutory order has been entered if the court finds after hearing that the withdrawal is in the best interest of the person to be adopted and the court by order authorizes the withdrawal of consent.
OK	The mother of a minor shall not execute a valid consent to the adoption of the minor or a permanent relinquishment of the minor prior to the birth of the minor.	Except as otherwise provided in this title, a permanent relinquishment or consent to adoption executed pursuant to the Oklahoma Adoption Code shall be irrevocable.
OR	Consent and revocation must meet multiple standards. See law here.	Consent and revocation must meet multiple standards. See law here.
PA	No consent shall be valid if it was executed prior to or within 72 hours after the birth of the child.	For a consent to an adoption executed by a birth mother, the consent is irrevocable more than 30 days after the execution of the consent.
RI	May not sooner than fifteen (15) days after the birth of the child, petition the family court for the termination of the rights of the natural parents of the child to consent to its adoption. Chapter 7 15-7-6	A challenge or petition is filed in the family court within one hundred eighty (180) days after the decree or order is entered. The family court shall deny the challenge unless the court finds by clear and convincing evidence that the decree or order is not in the best interest of the adoptee. Chapter 7 15-7-21.1
SC	Consent or relinquishment for the purpose of adoption must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee.	Withdrawal of any consent or relinquishment is not permitted except by order of the court.
SD	No petition may be filed prior to five days after the birth of the child. Section 25-5A-4	Except in any case involving fraud or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), any proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things legalized, cured, and validated one year after the proceeding is finalized. If any person has a claim or right arising from any adoption proceeding, that person shall initiate any action to enforce such right or claim within one year of the date when the proceeding is finalized unless a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2019. Section 25-6-21
TN	(2) A surrender may be made at any time prior to birth, but a surrender made prior to the birth of a child is not filed with the clerk of court until after the birth of the child and until the surrendering party or parties have filed a written reaffirmation of their desire to surrender the child, unless the surrender was executed in accordance with subsection (g). A surrender made prior to the birth of a child must be reaffirmed within three (3) calendar days of the birth of the child, except for a surrender executed in accordance with subsection (g). (3) A surrender is not valid unless made after the earlier of discharge from a hospital or other birthing facility or forty-eight (48) hours following the child’s birth; provided, that the court may, for good cause shown, which is entered in an order in the minute book of the court, waive this waiting period. Code 36-1-111	(A) A person who executed a surrender may revoke the surrender at any time within three (3) calendar days of the date of the surrender. The three-day period shall be calculated using the method for computation of time established in the Tennessee Rules of Civil Procedure Rule 6.01. Code 36-1-112
TX	Relinquishment of parental rights must be signed after the birth of the child, but not before 48 hours after the birth of the child. Sec. 5-161-103	Pay attention to CONSERVATORSHIP: The relinquishment in an affidavit that designates the Department of Family and Protective Services or a licensed child-placing agency to serve as the managing conservator is irrevocable...if the relinquishment is revocable, a statement in boldfaced type concerning the right of the parent signing the affidavit to revoke the relinquishment only if the revocation is made before the 11th day after the date the affidavit is executed; Sec. 5-161-103
UT	A birth mother may not consent to the adoption of her child or relinquish control or custody of her child until at least 24 hours after the birth of her child. 78B-6-125	A consent or relinquishment is effective when it is signed and may not be revoked. 78B-6-126
VT	A parent whose consent to the adoption of a minor may not execute a consent or a relinquishment sooner than 36 hours after the minor is born. Sec. 15A-2-404	Revocation of consent can be within 21 days of executing a consent- see law for stipulations. Sec. 15A-2-407
VA	The adoptive child is at least in the third calendar day of life, that birth parent or both birth parents, as the case may be, shall execute consent to the proposed adoption.	Revocation by either consenting birth parent for any reason for up to seven days from its execution; however, such seven-day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old.
WA	The consent will not be presented to the court until forty-eight hours after it is signed or forty-eight hours after the birth of the child, whichever occurs later.	A consent to adoption may not be revoked after it has been approved by the court.
WV	No consent or relinquishment may be executed before the expiration of seventy-two hours after the birth of the child to be adopted. 48-22-302	No revocation unless revoked in accordance with the provisions of section 48-22-305.
WI	Codes can be found here- Section 48.41	Codes can be found here- Section 48.41
WY	The consent to adoption shall be signed any time after the birth of the child. State Code 1-22-109.	Consent to adoption and the relinquishment of a child for adoption are irrevocable unless obtained by fraud or duress, except that if the court should deny the adoption on account of a claim or objection of the putative father of the child, the court may also allow the mother of the child to withdraw her consent and relinquishment. The consent or relinquishment by a parent who is a minor is valid and may not be revoked solely because of minority. State Code 1-22-109

Verify the License of an Adoption Professional

In at least 30 states, it is illegal to facilitate an adoption without a license. There is little mechanism of enforcement of these laws and illegal facilitation is rampant. Many of these facilitators function as cottage industry businesses with little knowledge and expertise. The lifelong consequences of family separation and lack of legal rights for expectant parents and their babies is often glossed over or wholly ignored in favor of a rose-colored narrative that serves the interests of profit over people. If you are considering adoption for your baby, please at the very minimum verify that the adoption professional you are working with is licensed in your state. Although, licensing does not guarantee ethical practices. The average infant adoption in the United States can run $40,000 upwards of $100,000. There is a tremendous amount of profit to be made and this can embolden bad actors. In September 2024, the Federal Trade Commission sent out warning letters to 31 unlicensed adoption facilitators demanding that they cease and desist their unethical and illegal practices. The list of 31 recipients and the warning letter can be seen here.

Links to state licensing listed below. (The table is under construction at this time)

Alabama does not have a master list of licensed child-placing agencies available to the public. Contact the Office of Human Resources directly.	Alaska does not have a master list of licensed child-placing agencies available to the public. Contact the appropriate regional office through Alaska DFCS.
Arizona	Arkansas
California	Colorado
Connecticut	Delaware
Florida	Georgia
Hawaii	Idaho
Illinois	Indiana
Iowa	Kansas does not have a master list of licensed child-placing agencies available to the public. Verification of a license must be done by submitting a request through the Department of Administration.
Kentucky	Louisiana
Maine	Maryland
Massachusetts	Michigan
Minnesota	Mississippi
Missouri	Montana
Nebraska	Nevada
New Hampshire	New Jersey
New Mexico	New York
North Carolina	North Dakota
Ohio	Oklahoma
Oregon	Pennsylvania
Rhode Island	South Carolina
South Dakota	Tennessee
Texas	Utah
Vermont	Virginia
Washington– Agencies are assigned to different regional licensors. WA DCYF must be contacted directly for inquiry.	West Virginia
Wisconsin	Wyoming