Open Adoption in North Dakota: What Agreements Actually Mean

"Open adoption" is one of the most frequently misunderstood terms in the adoption world. It doesn't mean a birth parent retains parental rights. It doesn't mean shared custody. And in North Dakota, it doesn't automatically mean the agreement you reached before finalization is legally enforceable. What it does mean — and how it actually works under North Dakota law — is what this post explains.

What Open Adoption Is

Open adoption refers to an arrangement where there is some level of ongoing contact or information-sharing between the adoptive family and the birth family after the adoption is finalized. This can range from:

• Annual photos and letters mailed to the birth parent (the most common minimum)
• Semi-annual or quarterly updates
• Occasional in-person visits (sometimes called "contact" or "visitation" agreements)
• More frequent, ongoing contact in cases where the birth and adoptive families have a pre-existing relationship

The opposite — "closed adoption" — means no post-adoption contact of any kind. Closed adoptions have become less common, particularly in domestic infant adoption, because research consistently shows that children who have access to information about their origins have better long-term outcomes.

How North Dakota Law Treats Open Adoption Agreements

Here's the critical legal reality: North Dakota adoption law does not make post-adoption contact agreements legally enforceable in the same way a custody order is enforceable.

Under NDCC 14-15-14, the final decree of adoption creates a complete and permanent legal severance of the biological parent-child relationship. The birth parents lose all legal rights and responsibilities toward the child. North Dakota acknowledges that agreements about future contact can be disclosed — identified adoptions under NDCC 14-15.1 require a "Report of Agreements and Disbursements" that discloses any oral or written agreements about future conduct — but the decree itself relieves birth parents of legal standing to enforce those agreements.

In practice, this means: if you agreed to send annual photos and you stop, a birth parent generally has no legal recourse to force you to resume. Conversely, if a birth parent was supposed to maintain contact and stops, you generally can't compel them to participate either.

Open adoption works when both parties want it to work. It's a relational arrangement, not a legal one, in North Dakota.

Why Families Still Make Open Adoption Agreements

The legal unenforceability doesn't make open adoption agreements meaningless. They are valuable for several reasons:

Children's wellbeing: Research consistently shows that children who have access to information about their origins, and who have the opportunity for some level of birth family contact (when appropriate), tend to have stronger identity development and fewer psychological struggles around adoption as they grow older.

Birth parent peace of mind: Birth parents who are considering adoption are often terrified of complete disappearance — that they'll never know if the child is safe, healthy, loved. An open adoption agreement reduces this fear and can make the difference between a birth parent feeling able to make an adoption plan at all.

Practical information access: Children often need their birth family's medical history as they grow. Open adoption provides ongoing access to this information in a natural way rather than requiring formal search and disclosure processes later.

The Identified Adoption Path (NDCC 14-15.1)

The "identified" adoption pathway is the formal mechanism for adoptions where the birth parent has chosen the adoptive family. Under NDCC 14-15.1:

• A petition for relinquishment can be filed before birth
• The hearing cannot occur until at least 48 hours after birth
• A guardian ad litem is appointed for the birth parent at least seven days before the hearing
• All agreements (including any post-adoption contact arrangements) must be disclosed in the Report of Agreements and Disbursements
• The adoption petition must be filed within 180 days of the relinquishment order

Many identified adoptions are open adoptions, because the birth parent's selection of the adoptive family implies a relationship that both parties often want to maintain in some form.

What Happens to Contact Arrangements in Practice

Most open adoption agreements start with good intentions and evolve over time based on circumstances. Some families find that the contact arrangement they agreed to before the adoption (annual photos) naturally grows to more as both families become comfortable. Others find that less contact than originally planned is what actually happens — particularly if the birth family goes through its own difficult life events.

The most successful open adoption arrangements are those where:

• Both parties have realistic expectations from the beginning
• The arrangement is age-appropriate and centered on the child's needs, not adult preferences
• There is flexibility to adjust as the child grows and circumstances change
• Neither party uses contact as a mechanism for ongoing conflict or testing boundaries

For adoptive parents: your child's long-term wellbeing is the guiding principle. If birth family contact is clearly beneficial to the child, maintaining it serves your child. If circumstances change and contact is no longer appropriate, you have the legal authority — and the parental responsibility — to make that determination.

For Adult Adoptees

If you're an adult adoptee who was adopted in a "closed" arrangement and now want contact with your birth family, North Dakota's 2024 HB 2284 reform created a formal pathway:

• Adult adoptees 18+ can request their original birth certificate directly from Vital Records
• Adult adoptees can request that HHS CFS initiate contact with birth parents to seek consent for identifying information
• Non-identifying information (health history, physical description) is available upon written request without birth parent consent

The search and disclosure system is available through Catholic Charities ND and HHS Children and Family Services. This is the formal route for adult adoptees whose original adoption was closed and who now want to explore connections to their birth family.

For families navigating open adoption agreements — both setting up realistic arrangements before finalization and managing them over time — the North Dakota Adoption Process Guide covers what the research says about contact arrangements and how to think through what's right for your specific situation.

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