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Living in Ohio now, I looked up the information on Post-Adoption Contact Agreements with hopeful interest. While I didn’t live here when I placed, I was hopeful for the birth and adoptive families that do and will come to be within this state over time. To put it simply, I was highly disappointed. Even more so, I worry for the future of families who want some form of openness within their adoption. Ohio offers little support for these kinds of families.
Let’s see why.
What may be included in postadoption contact agreements?
Citation: Rev. Code § 3107.65
An open adoption may provide for the exchange of any information, including identifying information, and have any other terms. No open adoption shall do any of the following:* Provide for the birth parent to share with the prospective adoptive parent parental control and authority over the child placed for adoption or in any manner limit the adoptive parent’s full parental control and authority over the adopted child
* Deny the adoptive parent or child access to forms pertaining to the social or medical histories of the birth parent if the adoptive parent or child is entitled to them under § 3107.17
* Deny the adoptive parent or child access to a copy of the contents of the child’s adoption file if the adoptive parent or child is entitled to them under § 3107.47
* Deny the adoptive parent, child, birth parent, birth sibling, or other relative access to nonidentifying information that is accessible pursuant to § 3107.66, or to materials, photographs, or information that is accessible pursuant to § 3107.68
* Provide for the open adoption to be binding or enforceable
I like how the question asks “what can be included” and Ohio decides to talk mostly about what cannot be included. Let’s get negative from the get-go! And so, while Ohio’s statute doesn’t forbid parties to exchange identifying information, I’m curious about a few things.
Exactly what would cause an adoptive parent or adopted person not to be entitled to medical records (point two) or their adoption file (point three)? Shouldn’t these things always be available to the family and adopted person if the birth family can and/or is willing to provide them? Intriguing, no?
I’m not very pleased that the statute leaves no room to make the agreement enforceable, of course. It leaves me wondering, “Then what’s the use?”
Who may be a party to a postadoption contact agreement?
Citation: Rev. Code § 3107.63
A birth parent who voluntarily chooses to have the birth parent’s child placed for adoption may request that the agency or attorney arranging the child’s adoptive placement provide for the birth parent and prospective adoptive parent to enter into an open adoption with terms acceptable to the birth parent and prospective adoptive parent.
And so, Ohio gets right to the point and leaves no question as to who they are talking about regarding these laws: birth parents who voluntarily relinquish children. Unlike some other states, we now have no question as to whether this is about foster-to-adopt situations or a voluntary relinquishment. I commend Ohio for being point-blank on this particular issue.
What is the role of the court in postadoption contact agreements?
Citation: Rev. Code § 3107.65
A probate court may not refuse to approve a proposed placement pursuant to § 5103.16(D)(1) to issue a final decree of adoption or interlocutory order of adoption under § 3107.14 on the grounds that the birth parent and prospective adoptive parent have entered into an open adoption unless the court issues a finding that the terms of the open adoption violate the law or are not in the best interest of the child.A probate court may not issue a final decree of adoption or interlocutory order of adoption that nullifies or alters the terms of an open adoption unless the court issues a finding that the terms violate the division above or are not in the best interest of the child.
This is kind of flaky and vague as “the best interest of the child” is always rather subjective. It also seems quite pointless as the agreement isn’t enforceable in the first place. Sure, they can’t refuse to approve it but, then again, what good is it?
Are agreements legally enforceable?
Citation: Rev. Code § 3107.65
An open adoption is not enforceable.At the request of a person who has withdrawn from an open adoption, the court with jurisdiction over the adoption shall issue an order barring any other person who was a party to the open adoption from taking any action pursuant to the open adoption.
Well then. That’s plain and simple. Of course, I’m not sure what all the wording prior to this point was needed for if they were just going to say that nothing you write in agreement is even remotely enforceable. Wouldn’t it have been easier to simply write this as the statute and nothing else? (It would have made my job easier, that’s for sure.)
What I do find interesting is that the person who backs out of the adoption can make the court demand that the other parties don’t attempt to fix the situation. Seems interesting that they won’t enforce the open adoption agreement but they WILL enforce and support whomever has backed out of their side of the contract. Seems a bit backwards to me.
How may an agreement be terminated or modified?
Citation: Rev. Code § 3107.65
All terms of an open adoption are voluntary and any person who has entered into an open adoption may withdraw from the open adoption at any time.
Basically, it should read: “You’re on your own! And if you don’t like what’s going on, just back out!” That’s not the advice we should be offering to open adoption families who are struggling through hard times. We should be offering to support them because things do get hard from time to time. Simply saying, “Hey, man, when the going gets tough… ,” well, that doesn’t serve the child or any adult party in any positive way.
Basically? Ohio is not open adoption friendly at all. While I didn’t place in this state, I now live here. And it makes me rather mad.
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For more on Post-Adoption Contact Agreements, read these posts.
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