"Open adoption" is a growing trend in Illinois, and nationwide. In an open adoption, the birth parents are allowed contact with the adoptive parents and the child in a number of ways including personal visits, phone calls, emails, and letters. Proponents of open adoption say children benefit from varying degrees of openness between the adoptive parents, birth parents and the child. In many cases, birth parents want the chance to help select a family to raise the child, and the adoptive parents believe that the child will benefit from ongoing contact with the birth parents.

However, according to Illinois law, open adoptions are not legally enforceable- adoptive parents reserve the legal right to terminate birth parent-child contact at any time. The Illinois Adoption Act states, "The natural parents of a child sought to be adopted shall be relieved of all parental responsibilities for such child and shall be deprived of all legal rights as respects the child."

The act also dictates that adoption records must be kept confidential, unless otherwise ordered by the courts. This means that the birth parents may not know the whereabouts of the child after the adoption is final.

In order for an open adoption process to be successful, both sets of parents must have a clear understanding of the agreement. Often, both sets of parents undergo counseling to determine the best arrangement. 

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.