In British Columbia, the differences between closed and open adoptions primarily revolve around the level of contact and information shared between the adoptive family and the birth family. The goal is always to ensure that the arrangement supports the best interests of the child.

Open Adoption

An open adoption involves some degree of ongoing communication or information sharing between the adoptive family and the birth family. The level of openness varies significantly from family to family and may include:

• Exchange of names and identifying information
• Letters, photographs, emails, or updates
• Occasional phone or video calls
• In-person visits
• Access to medical, cultural, and family history information

Open adoptions can help adopted children maintain connections to their background and provide access to important information about their origins. The nature and frequency of contact is unique to each family and should be guided by the child’s best interests.

Closed Adoption

A closed adoption involves little or no direct contact between the adoptive family and the birth family. Identifying information is generally not exchanged, and there is typically no ongoing communication or relationship following placement.

Although less common today, some families prefer a more private arrangement due to personal circumstances, safety concerns, or other considerations. Even in a closed adoption, non-identifying information such as medical history may still be shared where appropriate.

Common Questions

Does an Open Adoption Mean the Birth Parents Can Make Parenting Decisions?

No, an openness agreement and/or contact do not generally create decision-making authority or parental rights. One key feature of an adoption is that is extinguishes parental rights and creates a legal parental relationship with the adopting parent(s).

Can Openness Change Over time?

Adoption arrangements are not always static. Some adoptions begin with limited contact and become more open over time, while others involve less contact as circumstances change. Every adoption is unique, and the level of communication should remain focused on supporting the child’s well-being and best interests.

While parties may have expectations regarding future contact, circumstances can change over time. In the absence of a formal agreement, decisions regarding communication and contact are often made by the adoptive parent(s) based on what they believe is in the child’s best interests. Even where expectations have been discussed in advance, openness arrangements can sometimes be difficult to enforce after an adoption has been finalized.

Are Open Adoption Agreements Enforceable?

Many prospective adoptive parents and birth parents understandably want certainty regarding future contact. While parties may discuss and agree upon expectations regarding communication, updates, photographs, visits, or other forms of contact, it is important to understand that circumstances can change over time.

The primary consideration following an adoption is the best interests of the child. As children grow and family circumstances evolve, the level and nature of contact may change as well. While openness arrangements can be highly successful when built on trust, communication, and a shared commitment to the child’s well-being, they can be difficult and costly to enforce if disagreements arise after an adoption has been finalized.

For this reason, prospective adoptive parents and birth families should have open and realistic discussions about expectations before proceeding with an adoption. Even where there is a written agreement, it is important to understand its limitations and to recognize that future decisions may ultimately be influenced by changing circumstances and the child’s best interests.

Still Have Questions?

We can help! There is no single approach that is right for every family. Some adoptions involve significant ongoing contact between the adoptive and birth families, while others involve very limited communication. The appropriate level of openness depends on the circumstances of the adoption and, most importantly, the best interests of the child.

Our Adoption Team regularly assists clients with domestic, international, step-parent, relative, and adult adoptions throughout British Columbia. If you have questions about adoption arrangements, contact our office at 604.853.0774 to schedule a consultation. We have also prepared a detailed guide addressing common questions about adoption requirements, timelines, fees, consents, service requirements, and the overall adoption process in British Columbia.

Learn more here: Adoptions: Costs and Timeline | RDM Lawyers