Adoption is a life-changing journey for all parties involved—birth parents, adoptive parents, and the child. One of the most important decisions in the adoption process is whether the adoption will be open or closed. Each arrangement carries distinct emotional, social, and legal implications. Understanding these differences from a legal perspective is essential for adoptive families preparing to navigate the complexities of adoption.

In an open adoption, there is some degree of communication and exchange of information between the birth family and the adoptive family. This can range from occasional letters and photos to in-person visits, depending on the preferences of both parties. In a closed adoption, by contrast, there is no communication after the adoption is finalized, and records identifying the birth parents and adoptive parents are usually sealed.

Historically, closed adoptions were the norm in the United States. In the mid-20th century, societal attitudes toward unwed mothers and adoption practices placed great emphasis on privacy. Closed records were intended to protect all parties, particularly birth mothers, from stigma and to promote a sense of security for adoptive families. However, beginning in the 1980s and 1990s, open adoption became increasingly common as research showed that ongoing contact could benefit children’s emotional development.

Today, data from the Donaldson Adoption Institute shows that approximately 60% to 70% of domestic infant adoptions in the United States are now open to some extent. Each open adoption is different, and the level of openness is typically outlined in a formal agreement known as a post-adoption contact agreement (PACA).

From a legal standpoint, open adoptions present both opportunities and challenges. One key point to understand is that in most jurisdictions, including New Jersey and Pennsylvania, the finalization of an adoption legally terminates the birth parents’ rights. Even in open adoptions, birth parents do not retain parental rights once the adoption is completed. The adoptive parents become the child’s legal parents in every sense.

A post-adoption contact agreement outlines the expectations for communication between birth parents and the adoptive family after the adoption is finalized. These agreements might specify how often photos will be exchanged, whether in-person visits will occur, and how communication will be maintained (e.g., by email, phone calls, or letters). In some cases, they can also include agreements about the role extended birth family members, such as grandparents, may have in the child’s life.

While post-adoption contact agreements are common, their enforceability varies by state. In New Jersey, PACAs are legally recognized and enforceable under certain conditions. For an agreement to be legally binding, it must be approved by the court as being in the best interest of the child. Both the birth parents and adoptive parents must enter into the agreement voluntarily, without coercion. If disputes arise later, the court can intervene to enforce or modify the agreement if doing so would serve the child’s best interests.

Pennsylvania takes a similar approach. State law allows for enforceable post-adoption contact agreements, but only when properly negotiated, documented, and approved during the adoption process. In both states, it is crucial for families to have an experienced attorney who can draft a thorough and clear agreement, ensuring that all terms are enforceable and align with applicable legal standards.

Even with an enforceable agreement, it is important to recognize that the adoptive parents retain legal parental authority. They have the right to make decisions about the child’s welfare, including limiting or discontinuing contact if it is no longer in the child’s best interest. Courts are unlikely to force continued contact if there is credible evidence that doing so would harm the child emotionally or physically.

Closed adoptions, on the other hand, involve no ongoing contact between the birth and adoptive families. The adoption records are sealed, and identifying information is kept confidential. In New Jersey, for example, adoption records have historically been sealed; however, changes to the law in 2017 allowed adult adoptees access to their original birth certificates under specific circumstances. Pennsylvania also permits adult adoptees to request their original birth records through a similar process.

In a closed adoption, because there is no post-adoption communication planned or agreed upon, no post-adoption contact agreement is necessary. Legally, once the court finalizes the adoption and terminates the birth parents’ rights, the adoptive parents are the child’s sole legal parents without any further legal obligations to the birth family.

For some families, closed adoptions provide a sense of finality and privacy. They can be an appropriate choice in cases involving concerns about safety, domestic violence, or drug abuse. Closed adoptions can also be preferred when the birth parents or adoptive parents strongly desire to move forward without ongoing connection. However, it is important to weigh the potential impact on the child, who may later have questions about their biological heritage.

Research suggests that children in open adoptions often have fewer identity struggles during adolescence and feel more connected to both their birth and adoptive families. A 2009 study from the Evan B. Donaldson Adoption Institute found that adoptees who had some form of contact with their birth families generally reported higher levels of satisfaction with their adoption experiences than those who did not.

Nevertheless, openness must be handled thoughtfully. An open relationship that is inconsistent, confusing, or emotionally charged can sometimes cause stress for the child. Boundaries and clear communication are critical to maintaining a healthy open adoption arrangement.

Another important aspect of open and closed adoptions is how they impact access to medical history. In open adoptions, it is often easier to update a child’s medical history over time as birth families remain in communication. In closed adoptions, adoptive families usually receive a one-time medical history report at placement, but there may be no way to obtain future updates.

Regardless of the type of adoption, the adoption decree is the legal document that finalizes the child’s placement with the adoptive family. It gives the adoptive parents full legal rights and responsibilities for the child, and it severs all legal ties between the child and the birth parents. The importance of this legal foundation cannot be overstated, whether an adoption is open or closed.

Navigating the legal issues around open and closed adoptions requires experienced legal counsel. Families must ensure that their adoption plan complies with state laws and that any agreements made are properly documented and enforceable. Legal professionals can also help families understand what rights and responsibilities they are assuming through post-adoption contact agreements.

For more than 25 years, the Law Office of Cofsky & Zeidman, LLC has helped families throughout New Jersey and Pennsylvania navigate the adoption process. Whether pursuing an open or closed adoption, their attorneys bring extensive experience to every case, ensuring that families are protected and prepared for the journey ahead. With over 1,500 adoptions successfully handled, their team is well-versed in drafting and enforcing post-adoption contact agreements, securing finalization hearings, and managing the legal complexities that arise throughout the adoption process.

Attorney Donald C. Cofsky, a Fellow and Immediate Past President of the Academy of Adoption and Assisted Reproduction Attorneys, leads the firm’s adoption and family formation practice. Their team understands that every family’s needs are unique and works closely with clients to ensure that adoption plans reflect those needs while protecting all parties involved.

To speak with an experienced adoption attorney, contact the Law Office of Cofsky & Zeidman, LLC online or call (856) 429-5005 in Haddonfield, (856) 845-2555 in Woodbury, or (215) 563-2150 in Philadelphia. Whether you are considering an open or closed adoption, experienced legal guidance can ensure that your family’s future is built on a strong and secure foundation.