What Is Open Adoption? Its Pros and Cons in Maryland Explained

What is open adoption? Explore its benefits and key differences from closed adoption. Get legal insights from a Maryland lawyer and see if it’s the best option.

According to a March 2024 report by the National Council for Adoption, during fiscal year 2022, 368,530 children were in foster care in the United States. Of these, 108,877 were awaiting adoption. Moreover, foster parents adopted 53,665 kids from the care system.

Adoption can be an incredible, life-changing way to provide a safe, stable, and loving home to a child who may otherwise not have one. And in Maryland, those looking to adopt can opt for an open adoption.

But what is open adoption in the first place? How does it work, and what are its pros and cons?

Join Blattner Family Law Group’s team of experts as we answer all those questions and share crucial insights into open adoptions in Maryland.

What Is Open Adoption?

Maryland Code of Regulations Section 07.05.03.02 defines open adoption as an adoption wherein the child shall maintain contact with their birth parents or relatives. The adoptive and biological parents may establish an arrangement that involves sharing:

  • Contact details
  • The child’s identifying and medical information
  • Pictures and letters
  • Medical information

Open adoption may also allow for the child and their biological parents or relatives to make and take video calls. Depending on the arrangement with the adoptive parents, they may also spend time together during visits.

Open vs Closed Adoption

In Maryland, adoptive and biological parents can opt to perform closed adoption, which is the exact opposite of open adoption. With closed adoption, the adoptive family doesn’t acquire any personal details about the child’s biological parents. In this case, the birth parents may have chosen to remain unidentified and maintain their and the adoptive parents’ privacy.

Another crucial difference between open and closed adoption is that with the latter, the child’s biological parents won’t be privy to any specific information about you. Neither will they be able to get in touch or stay in contact with the child.

How Does Open Adoption Benefit a Child?

Many children find themselves in the foster care system because their birth parents are unable to provide a safe, secure, and stable home environment. For example, Child Protective Services (CPS) may remove children from their birth parents or caregivers due to:

  • Neglect
  • Parental substance abuse
  • Domestic violence
  • Mental illness
  • Death of one or both parents
  • Severe poverty

Maltreatment is among the most common reasons children get removed from their homes. Indeed, according to a report published by ChildTrends.org in February 2024, over 3.06 million kids received an assessment or investigation for abuse or neglect in 2023.

Given those statistics, it’s unsurprising that children in the foster care system are more likely to experience physical and mental health problems. They may feel confused, distrustful, even fearful. According to Verywell Health, mental health disorders like depression and anxiety are common among foster care youth.

If adopted by caring, loving families, such children are more likely to thrive because they can:

  • Live in a safe, secure, stable home where they can grow and develop
  • Feel protected and more secure from their adoptive parents’ warmth and responsiveness
  • Receive emotional support and intellectual stimulation from their adoptive families
  • Attend school regularly

At the same time, as adoptive children mature, they’re likely to become increasingly curious about their biological parents. They may want to understand the circumstances that led to their adoption. With open adoption, they won’t have to search far and wide and can quickly answer questions like, “Who am I,” “Where are my parents,” and “Where did I come from?”

What Are the Benefits of Open Adoption for Adoptive Parents?

Adoption makes it possible for individuals and couples to fulfill their dreams of parenthood. Being a parent can give you great joy and a sense of fulfillment and pride as you care for and love your adoptive child and see them grow well and thrive.

You may even experience personal growth as you develop the parenting skills that you can apply to many other aspects of your life, such as:

Love and Affection

Becoming an adoptive parent will teach you how to love unconditionally.

Unconditional love, also sometimes referred to as altruistic love, is something you offer freely, without any strings attached, and for which you don’t expect anything in return. According to the World Happiness Report, research has found a positive correlation between altruism and subjective well-being, including high life satisfaction and positive emotions.

Being able to love unconditionally can help you grow not only as a parent but as a person, as it can help you become more understanding and empathetic to others.

Stress Management

Parenthood teaches you to become more resilient during stressful times, as it can help you:

  • Learn ways to adapt to unexpected situations
  • Become more patient
  • Prioritize effectively
  • Develop compartmentalization skills

So, by being an adoptive parent, you can become better at identifying and managing emotional triggers, which then allows you to better care for yourself and your child.

Relationship Skills

When you adopt a child, you’ll have many opportunities to develop relationship skills, such as:

  • Practicing empathy
  • Listening actively
  • Communicating effectively
  • Resolving conflicts
  • Regulating emotions

The better you become at doing those things, the better of a role model you can be for your child.

Financial Management and Future Planning

Parenthood naturally encourages parents to improve their financial management and future planning skills since having a child brings considerable expenses like:

  • Childcare
  • Healthcare
  • Education
  • Healthcare
  • Other basic needs

So, becoming a parent will teach you the art and science of proper budgeting and saving money. You’ll learn to make careful decisions for long-term financial stability, helping you ensure the well-being of your entire family.

How Do Birth Parents Benefit From Open Adoption?

The biological parents of children who enter foster care and become adopted are not always terrible people. They may have decided to give up their children for adoption because:

  • They don’t have enough money to provide for their child’s basic needs, such as food, clothing, and healthcare
  • They’re in an abusive relationship or dangerous environment that they know could put their child at risk
  • They’re too young and lack the maturity or life experience to parent effectively
  • They have a serious illness or health condition that impacts their ability to care for their child
  • They have no family or friends to depend on for help with childcare
  • They struggle with mental health problems that could impact their parenting abilities
  • They want their child to live in a better, more stable, and advantageous environment

Over time, though, these biological parents’ personal, health, and financial situations may improve. If they’ve entered an open adoption agreement, they can feel reassured and comforted knowing their child is well and in a loving household. They can also build or maintain a relationship with their child, which allows them to help their adopted children develop:

  • A stronger sense of identity
  • A higher level of self-esteem
  • A better understanding of their origins

What About Potential Open Adoption Challenges?

One of the primary disadvantages of open adoption is that it doesn’t leave room for privacy. The children and their adoptive and biological parents must share all critical information. For adoptive parents, this may feel like they’re “sharing” their adopted children.

Another disadvantage to open adoption is that birth parents may sometimes pull away from their children’s lives. Conversely, they may become too involved to the point of interfering with or even controlling their child’s life. In such situations, conflicts among everyone involved are more likely to occur.

When Should You Consider an Open Adoption Agreement?

As a potential adoptive parent, remember that bringing someone under your wing is a decision that could permanently alter and transform your overall health and financial well-being. For this reason, it’s imperative to consider the pros and cons of open adoption before deciding if it’s the right path for you and, most importantly, the child. Your best strategy in this case is to consult a highly experienced adoption lawyer in Maryland.

With an adoption lawyer, you can better understand the benefits and drawbacks of open adoption. They can give you practical and expert insights into the situations wherein this type of adoption may be best. For instance, in the following situations, your highly skilled Maryland adoption attorney may recommend open adoption:

  • You want to help your child know and explore their origins
  • The birth parent who desires contact is trustworthy
  • You feel comfortable with the birth family
  • You believe maintaining relationships with the birth parents can positively impact everyone involved
  • Your adoptive child has other biological siblings, and you wish for them to preserve their sibling relationships

Explore Open Adoption in Maryland

Now that we’ve answered the question, “What is open adoption,” you can make a more informed choice about whether it suits your needs and desires. And if you’re considering adopting a child in Maryland, our family-centered law firm can help you every step of the way.

At Blattner Family Law Group, you’ll have access to a team of award-winning family lawyers with decades of combined experience in Maryland family law. From adoption to child support, custody, divorce, and alimony, our highly skilled family law attorneys have successfully handled numerous cases like these and are ready to help with yours.

Contact us today to schedule your complimentary initial consultation. We look forward to discussing how we can help you fulfill your dream of becoming an adoptive parent.