When you’re considering placing your baby for adoption, the idea of open adoption may bring some comfort. You might imagine sending updates, receiving photos, maybe even having occasional visits. But a common and important question we hear from expectant moms is:
“If I choose open adoption, how do I know the adoptive family will keep their promise?”
Let’s break down how open adoption agreements work in Texas, including what’s enforceable, what’s not, and how Adoption Advocates helps protect your agreement.
What Is an Open Adoption Agreement?
An open adoption agreement, commonly called a post-adoption contact agreement (PACA) is a mutual understanding between birth parents and adoptive parents that outlines how they’ll stay in touch after placement. This can include:
- Letters, emails, or texts
- Photos and updates
- Scheduled phone or video calls
- In-person visits
These agreements are usually created during the matching and placement process, with input from both parties. The goal is to establish clear expectations and boundaries so everyone feels supported and respected.
Are Open Adoption Agreements Legally Enforceable in Texas?
No, Texas does not currently have a law that makes PACAs legally binding or enforceable in court. That means:
- Adoptive parents are not legally required to follow the agreement.
- Birth parents cannot go to court to force contact if the agreement is not honored.
- The agreement relies on trust, communication, and mutual respect.
Unfortunately, because open adoption agreements aren’t enforceable under Texas law, you wouldn’t be able to take legal action.
How Adoption Advocates Supports You
At Adoption Advocates, we are committed to open adoption. Our founder is an adoptee from a closed adoption and wished it had been different. So, we take your wishes seriously. While we can’t make an open adoption agreement legally enforceable, we do everything we can to ensure it’s honored.
Here’s how:
1. Education and Advocacy
Our adoptive parents attend an in-depth training to educate them about the importance of openness. A key part of this training is a panel of real birth parents, who openly share their stories and answer questions from adoptive families. Hearing directly from birth parents helps hopeful adoptive parents see openness from a more personal and human perspective—not just as a concept, but as a lived experience. They also learn the benefits of open adoption for their child and that the child wanting to know more about their roots does not invalidate the relationship between them and their child.
2. Pre-Adoption Counseling and Matching
We talk in-depth with both expectant parents and hopeful adoptive families about openness. We only match you with families who are genuinely committed to the level of contact you’re asking for, not just saying yes to get chosen.
3. Written Agreements
We help you and the adoptive family create a written contact good faith agreement that outlines how you’ll stay connected. While it isn’t legally binding, it does give everyone a reference point and sets clear expectations.
4. Ongoing Support
Our agency remains available after placement to both birth parents and adoptive families. If communication becomes difficult or boundaries need to be revisited, we can help mediate.
What If the Agreement Isn’t Honored?
Unfortunately, because open adoption agreements aren’t enforceable under Texas law, you wouldn’t be able to take legal action. However, you can still reach out to our agency for support.
We’ve found that most adoptive families do follow through on their commitments, especially when there was strong communication and shared values from the start.
Still, we understand how heartbreaking it can be if things don’t go as planned. That’s why we’re here to support you emotionally, provide resources, and help you navigate any changes to the relationship.
A Relationship, Not a Contract
At its core, open adoption is a relationship—and like any relationship, it takes effort, communication, and care from both sides. It may shift over time, especially as the child grows, but when built on trust and empathy, it can be deeply meaningful.
If you’re considering adoption and want to talk more about what open adoption looks like—or how to protect your wishes—we’re here to listen.
You deserve to be heard. You deserve to be respected. And you deserve support before, during, and long after placement.
Have questions about open adoption in Texas? Call us anytime at (512) 477-1122 or text an adoption specialist at (512) 270-8415.
