Open Adoption in BC: How Openness Agreements Actually Work

The phrase "open adoption" creates more anxiety among prospective adoptive parents than almost any other part of the BC adoption process. The fear, broadly, is this: if there is an agreement that allows the birth family to have contact, does that mean they could show up at any time? Does it give them legal standing to disrupt the family you are building?

The short answer is no — and understanding why requires knowing exactly what openness agreements in BC actually are, what they cover, and what they cannot do.

What Open Adoption Means in BC

Open adoption is not a legal category with a single fixed definition. It is a general term for adoption arrangements that include some form of ongoing connection between an adoptive family and the birth family after the adoption is finalized. In BC, that connection is typically governed by an openness agreement made under Part 5 of the Adoption Act (RSBC 1996, c. 5).

The degree of openness varies enormously. Some families have open arrangements that involve annual in-person visits. Others share only a yearly photo. Some arrangements involve regular letters or email updates. Open adoption in BC covers all of these.

Enforceable Openness Agreements Under Part 5

BC's Adoption Act provides for enforceable openness agreements — a legal mechanism that makes BC one of the more progressive provinces in Canada on this issue. An openness agreement is a voluntary written contract between adoptive parents and birth parents, or other birth relatives such as grandparents or siblings.

These agreements are filed with BC Supreme Court after the adoption is finalized, but they are registered as separate documents — not incorporated into the adoption order itself.

An openness agreement can cover:

• Frequency and format of in-person visits
• Phone or video call arrangements
• Exchange of photos, letters, and school updates
• Social media contact terms
• Medical information sharing
• How disputes about the agreement will be handled

What an Openness Agreement Cannot Do

This is the key point that resolves most of the anxiety around open adoption.

An openness agreement does not give birth parents parental rights. The adoption order permanently severs the legal parental relationship. Once that order is granted, the adoptive parents are the child's legal parents in every sense — decision-making authority, medical consent, legal guardianship, everything. A birth parent who has signed consent and whose revocation window has closed has no legal standing to override the adoptive parents' decisions about the child's life.

An openness agreement does not make the adoption conditional. A breach of the agreement — even a significant one — does not invalidate the adoption order. The child's legal placement with the adoptive family is protected from disruption by the terms of a contact arrangement.

A court can intervene if an agreement is breached, but the standard for intervention is the child's best interests, not enforcement of contract terms for their own sake. Courts can order compliance, modify the agreement, or end it — but they cannot undo the adoption based on a contact dispute.

"Good Faith" Agreements vs. Enforceable Agreements

Not all open adoption arrangements in BC are formalized into enforceable Part 5 agreements. Many families maintain what are sometimes called "good faith" arrangements — informal understandings about contact that are not registered with a court and carry no legal enforcement mechanism.

For some families, a good faith arrangement works well for years. The birth parent and adoptive family have a cooperative relationship, and formalizing it would add bureaucratic weight without adding practical value.

The difference matters when the relationship becomes strained. A good faith arrangement has no enforcement mechanism — if one party stops honoring it, the other has no legal recourse. An enforceable agreement provides the option to go to court if needed, which can either resolve a dispute or serve as a deterrent that keeps both parties engaged with the agreement's terms.

Whether to formalize an openness arrangement into an enforceable agreement is a decision worth making with full legal advice. BC family lawyers who practice adoption law can advise on what is appropriate for a specific situation.

Is Open Adoption Common in BC?

In private domestic adoption in BC, some degree of openness is now the norm rather than the exception. Birth parents who choose private adoption frequently have specific thoughts about the level of contact they want to maintain. Adoptive families who are open to ongoing contact with birth parents typically have access to a broader pool of placement opportunities than those who insist on closed arrangements.

In MCFD adoptions, openness arrangements are more variable. Children who come from the government care system may have complex histories with their birth families, including protective concerns. MCFD social workers and the courts weigh the benefits of birth family contact against any safety considerations specific to the child's situation.

Talking to Children About Open Adoption

Regardless of whether a formal agreement is in place, adoption professionals and researchers consistently find that children whose adoptive families are honest and open about their origins — including their birth family connections — tend to have healthier identity development than those raised with secrecy. This applies even when contact with birth family is limited or non-existent.

Open adoption, at its best, is less about the specific contact schedule and more about a family culture that treats the child's full history as something to be acknowledged and honored, not hidden.

For families deciding whether to pursue an openness agreement and what to include in it, the British Columbia Adoption Process Guide covers Part 5 of the Adoption Act in detail — the specific provisions, how agreements are registered, what dispute resolution processes look like, and what BC families with open arrangements report about their long-term experiences.

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