An attorney or agency arranging an adoption has a duty to advise the parties of the right to enter into a non binding open adoption.  Open adoption allows the exchange of information, including identifying information.  The Probate Court may not refuse to approve an adoption because of an open adoption agreement.  An open adoption is not legally enforceable.  An open adoption agreement cannot:

• Share parental control
• Deny access to social or medical history
• Deny adoptive parent or child a copy of child’s adoption file
• Deny parties non-identifying information
• Provide that open adoption is binding or enforceable

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