Why do so many think an open adoption is legally different than a closed?

Please note I am only speaking of the legalities involved in adoption here, NOT the relationships found within open adoption.

I am surprised at how many people seem to believe that ongoing contact means that adoption is somehow less permanent legally. Someone asked about it in the forum here, and I have gotten the question several times in real life “Since you have contact, what of she changes her mind in several years, can she take him back?”

It’s easy enough to explain that legally it doesn’t matter whether the adoption is open or closed -either type of adoption can be challenged/contested through legal channels with grounds like fraud or coercion- but those grounds must be evidenced in court. Otherwise, we are his parents in every legal sense.

There are other misconceptions as well; mostly from those skeptical that open adoption is emotionally healthy for DS or us (“Won’t he be terribly confused?”, “Don’t you feel threatened when she is around?” that kind of thing), and again I happily educate people on why we think open adoption is best for us, and what the research indicates…I understand that, especially from those for whom adoption in general is mysterious, but this legal thing confuses me.

Any others encounter similar misconceptions only about open adoption vs. closed?

Related posts:

  1. Do most open adoptions eventually close?

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