What is open adoption?
An open adoption is one where the adoptive parents and birth parents continue to have some type of contact with each other.
* In private adoptions, the parties determine the amount and type of contact that they desire to have in the future.
* In an anonymous adoption, the birth parents know at most only generic information about the adoptive parents.
* In an agency adoption, the agency will continue to act as an intermediary to facilitate future contact.
Texas law does not recognize these contracts, except in limited circumstances. While it is permissible to enter into such agreements, they are not enforceable under Texas law. It is very important that birth parents not be left with the impression that such agreements are enforceable or that placing their child for adoption as a consideration for such an agreement.
Some agencies now combine what they view as the advantages of both approaches. Last names and addresses are not shared, but the parties are encouraged to meet before or after the child's birth to talk about their goals, desires and visions for the child's future. This meeting can be a part of the selection or "matching" process through which the birth mother selects adoptive parents.
Anonymous adoptions are available through the Texas Department of Human Services or a licensed agency.