Michigan Open Adoption: What the Law Allows and What It Cannot Guarantee

Open adoption — an arrangement where adoptive and birth families maintain some form of contact after the adoption is finalized — has become the norm rather than the exception in domestic infant adoption in Michigan. Most private agency adoptions involve at least a minimal contact agreement: letters or photos exchanged annually, or occasional in-person visits. But the legal enforceability of these agreements in Michigan is more limited than many families realize when they sign them.

Understanding what Michigan law actually says about open adoption — as opposed to what agencies sometimes imply — is essential to setting realistic expectations on all sides.

Post-Adoption Contact Agreements Under MCL 710.68a

Michigan's post-adoption contact agreement (PACA) framework is codified in MCL 710.68a. The statute allows adoptive parents and birth parents to enter into a written agreement for post-adoption contact, which can include:

• Exchange of letters, cards, or photographs
• Phone or video calls
• In-person visits
• Any other mutually agreed-upon form of contact

The agreement is typically negotiated before finalization and may be filed with the Probate Court as part of the adoption record.

The Critical Limitation: Agreements Are Not Enforceable

Here is what many families are not told clearly: in Michigan, post-adoption contact agreements are considered "good faith" understandings. They are not court orders. Failure to comply with a PACA does not give either party grounds to seek court enforcement through contempt proceedings, and a birth parent who believes the adoptive family is not following the agreement cannot use that as a basis to challenge or vacate the adoption.

This is a significant departure from states like California and Oregon, where PACAs can be filed as enforceable court orders. In Michigan, the filing of a PACA with the Probate Court gives it no special enforcement status. The court's primary concern at all times is the child's best interests, and that standard — not the agreement — governs any future contact dispute.

This does not make PACAs worthless. Families who enter into open adoption agreements in good faith and honor them find that they work well in practice. Birth parents who feel respected and included are more likely to remain constructive parts of the child's story. Adoptive parents who communicate proactively about the child's wellbeing build trust that benefits everyone, especially the child.

But it does mean that the agreement is a relationship document, not a legal document with teeth. Families on either side who assume they can go to court to force compliance will be disappointed.

What Agencies and Attorneys Can Do

When a PACA is negotiated through a licensed CPA, the agency often serves as an informal mediator if contact obligations break down. Bethany Christian Services, Samaritas, and other large CPAs typically offer post-adoption support services that include facilitation of contact when direct communication becomes strained. These services are not a legal remedy — they are a practical tool for maintaining relationships that serve the child's long-term interests.

Adoption attorneys can draft PACAs that are clearly worded, realistic, and likely to hold up in the long run simply because they set expectations that are achievable. Vague agreements — "we'll send updates when we can" — tend to generate conflict. Specific agreements — "four updates per year by April 1, August 1, November 1, and December 1, each including two recent photos" — create clarity and reduce misunderstanding.

Open Adoption in Foster-to-Adopt Cases

Open adoption contact in foster-to-adopt cases is more complex than in private infant adoption. Birth parents in these cases have had their rights terminated involuntarily, often after years of involvement in the child protective system. The emotional dynamics are different from a birth parent who has made a voluntary, proactive placement decision.

Some foster-to-adopt families establish limited contact with birth relatives — particularly with extended family members who may play a positive role in the child's identity development. Others maintain no contact. Michigan courts do not require open adoption contact in foster care adoptions; it is entirely the adoptive family's decision after finalization.

Michigan's Regional Post-Adoption Resource Centers (PARC) — operated through MDHHS and contracted agencies — provide counseling and support for adoptive families navigating contact decisions. These services are available at no cost to families who adopted through the foster care system.

What Makes Open Adoption Work in Practice

The research on open adoption outcomes is reasonably consistent: children who maintain meaningful connections to their birth families generally have better identity development and fewer unresolved questions about their origins. This does not mean every child needs visits. The type and frequency of contact should match the specific family circumstances, the child's age and preferences, and the birth family's stability.

Practical elements that make Michigan open adoptions work:

• Clarity from the beginning: Negotiate the PACA specifically and honestly, not optimistically. What you agree to at placement, you need to be willing to follow in year five.
• Child-centered decisions: As the child grows, their preferences about contact should be taken seriously. A toddler's needs are different from a teenager's.
• Agency support: Use the post-adoption support services available through MARE and regional PARCs before problems escalate.
• Honesty with the child: Research consistently shows that children who grow up knowing their adoption story — including the birth family contact arrangements — have better outcomes than children who feel information was hidden from them.

The Michigan Adoption Process Guide covers post-adoption contact agreements, the PARC support network, and the practical approach to open adoption contact across Michigan's different adoption pathways.

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