News

Open vs. Closed Adoptions in Oklahoma: Legal Considerations Every Family Should Understand

An open adoption in Oklahoma provides the opportunity for ongoing contact between adoptive and birth families after the adoption is finalized—depending on what is outlined in a mutual agreement. In contrast, a closed adoption keeps all identifying information confidential, typically eliminating contact between the two families after the adoption. The decision between open and closed adoption has significant implications for legal rights, privacy protections, and a child’s lifelong connection to their origins.

It is crucial to ensure that all adoption agreements are legally sound and all state requirements are met. If you want guidance on which type of adoption is best for your family, or need help drafting secure legal documents, reach out to Lisa R. Howard PLLC today for experienced legal support and peace of mind.

Legal Considerations for Open Adoptions in Oklahoma

Open adoption brings flexibility, but that flexibility must be clearly defined in legal documents to avoid future disputes. Before entering into an open adoption, families should be aware of the following key legal considerations.

1. Enforceable Post-Adoption Contact Agreements

Oklahoma law permits birth and adoptive families to negotiate written post-adoption contact agreements. These agreements set out the terms for communication, frequency of updates, types of contact, and boundaries. Before any post-adoption contact agreement becomes effective:

• It must be voluntary and signed by all parties (including the adoptive parents and birth parent(s).
• The agreement must be filed with the court and approved by a judge who will determine if the terms serve the best interests of the child.
• The agreement becomes part of the final adoption decree.

If disputes arise, the Oklahoma court may order mediation but will not set aside the adoption.

2. Privacy and Confidentiality

Even in open adoptions, Oklahoma law restricts the release of sensitive information. Identifying information is only shared as specified in the agreement or by court order. Medical, social, or other non-identifying information may be exchanged more freely, but private data remains protected. 

3. Best Interests of the Child Standard

The Oklahoma courts prioritize the child’s welfare in any adoption arrangement. Open adoption agreements can be modified or terminated only if a court finds that the change is in the child’s best interests. The process for modifying agreements is outlined in Oklahoma Statutes Title 10, §7505-1.4.

Here are the most important legal points families should discuss with their Oklahoma adoption attorney before finalizing an open adoption:

• Termination of Parental Rights: The parental rights of the birth parents are termination and a new birth certificate is issued.
• Terms of contact: How often, and in what format, will communication occur?
• Enforceability: The court will only enforce agreements that serve the child’s best interests.
• Dispute resolution: Mediation is the primary remedy for disagreements, not reversal of the adoption.
• Flexibility: Agreements can be revisited as the child’s needs change, but only by court approval.

If you want to pursue open adoption in Oklahoma City or have questions about what to include in a contact agreement, reach out to Lisa R. Howard PLLC for a consultation. 

Legal Considerations for Closed Adoptions in Oklahoma

Many Oklahoma City adoptive families prefer closed adoptions for privacy and a sense of finality. However, closed adoption arrangements come with their own set of legal rules and practical realities.

1. Termination of Parental Rights and Sealing of Records

In a closed adoption, the birth parents’ rights are legally and permanently terminated. The court issues a new birth certificate for the child, and the original birth record is sealed. Oklahoma law mandates this process to protect the identities and privacy of everyone involved. 

2. Confidentiality and Access to Information

All records from closed adoptions—including the child’s original birth certificate and the court file—are sealed and can only be accessed by court order. When an adoptee reaches age 18, they may request identifying information, but it will only be released with the written consent of the birth parents or by a judge’s order. 

3. Legal Security for Adoptive Families

Closed adoptions offer clear legal boundaries: once finalized, birth parents have no legal rights or obligations, and the adoptive parents assume all parental responsibilities. This structure can reduce legal uncertainty and ensure that the adoptive family’s future is secure.

For families considering a closed adoption, here are the essential legal issues to address with your adoption attorney in OKC:

• Permanent severance: Birth parent rights are fully and finally terminated.
• Sealed records: All court and birth records are confidential and protected by law.
• Limited post-adoption contact: No ongoing relationship is established unless all parties consent as adults.
• Future access: Adult adoptees may request information, but access is subject to strict statutory controls.

The Right Oklahoma City Adoption Attorney Is Just One Call Away

Making the choice between open and closed adoption is just one step—each path requires strict legal compliance and careful planning. Lisa R. Howard PLLC provides individualized, knowledgeable guidance in all areas of Oklahoma adoption law, including open and closed adoptions, guardianship, and Indian Child Welfare Act compliance. Contact us today for guidance tailored to your family’s needs and peace of mind at every stage of your adoption journey.