1.  What is an open adoption agreement?
An open adoption agreement is a contract between the adoptive parents and the birth parents.  The agreement usually provides that the adoptive parents will provide letters and pictures updating the progress of the child.  Visits can also be included.

2.  Is it necessary to offer an open adoption agreement?
No. However, it may be in the foster parents best interest to do so.  Most birth parents will not agree to relinquish parental rights without an open adoption agreement.  It is important, though, that you are comfortable with the terms of the agreement and that you believe the agreement is in the best interest of the child.  There are times when contact with the birth parent is inappropriate and in those cases an open adoption agreement should not be offered.

3.  When is the right time to offer an open adoption agreement?
The adoptive parents' caseworker usually asks the foster parents

4.  Can the birth parents enforce the open adoption agreement?
Yes.  If the adoptive parents fail to follow the terms of the agreement, the birth parent may petition the Court to enforce the terms of the agreement.  The birth parent cannot in any way, however, disrupt the adoption.  In practice, if the adoptive parents miss sending a letter and picture, that is brought to their attention and a letter and picture is sent and no action is necessary.

5.  When does the open adoption agreement become effective?
At the time of the final adoption hearing.  There is no contact from the time the parental rights are terminated until the time the adoption is finalized.

6.  When are birth parents rights terminated?
Birth parents rights are terminated in one of two ways.  The birth parents can agree to voluntarily relinquish parental rights by signing a consent to adoption.  In a voluntary relinquishment, the birth parent is usually offered an open adoption agreement.  If the birth parent refuses to sign a consent and voluntarily relinquish, the state files a petition to terminate and the matter goes to trial.  If the matter goes to trial there is no open adoption agreement. 

7.  How long does it take to adopt?
There are two steps in the process: termination of parental rights and adoption.  When a child is removed, the State of Washington is required to offer services to the birth parents and determine whether reunification is in the best interest of the child.  A permanancy plan is developed.  If the permanent plan is to place the child for adoption, an attempt is made to have the birth parents voluntarily relinquish.  If the birth parents refuse, the matter must go to trial. The adoption process is considerably longer if the matter goes to trial. Once rights are terminated the case is transferred to an adoption caseworker.  A post placement report is completed and adoption support is negotiated.  A package is then sent to the adoption attorney and a final adoption hearing is scheduled. The process is usually completed within 9 to 18 months.

8. Can the child be removed from our home and placed with a relative?
Unfortunately yes.  The State of Washington has custody of the child and has a duty to find a home for the child with suitable relatives.  There are usually no suitable relatives available.  If parental rights have been terminated and the State gives notice to remove the child, the foster parents may intervene in the dependency proceeding and be represented by an attorney.

9.  How is the process different when the child has native American or native Alaskan ancestry?
When a child has native American or Alaskan ancestry,  it is necessary to have permission from the child's tribe to adopt the child.  The termination and adoption must comply with the terms of the Indian Child Welfare Act, enacted by Congress to protect native American and native Alaskan children from being removed from native parents and placed in non native homes. The case is handled by a separate unit in DCFS and is staffed to ensure that the child's Indian ancestry is honored and every effort is made to place the child with relatives or a native family.

10.  How are attorney fees paid?
The state pays attorney fees and costs as part of the adoption support contract.

7. What is an adoption support contract?
The state enters an adoption support contract with the adopting couple.  A monthly support amount is negotiated.  The child receives medical coupons and other benefits once the adoption becomes final. For information in regard to benefits available through adoption support click on the following link: Adoption Support For Foster Parents.
 

Free Consultation:
If you are a foster parent or you are interested in becoming  a foster parent give us a call at 509-462-3678 or 800-338-8273 or via email at mark@adoptionlegalservices.org