Attorneys Practising Family Law in Temecula Assist Birth Parents and Adoptive Parents in Open Adoptions

by | Nov 27, 2017 | Lawyers

Open adoptions have become a normal arrangement in today’s society, a definite contrast to the way adoptions were almost always set up just a couple generations ago. An attorney practicing family law in Temecula can help prospective parents with the legal aspects of an open adoption, documenting the agreements with the court and providing counsel for any questions clients have. People who need to learn more about the legal aspects of adoption may click here.

Complicating Factors

These arrangements can be complicated since there may be conflicting preferences. Attorneys practising family law in Temecula represent the adoptive parents, and the birth mother or both birth parents need their own lawyer to prevent conflicts of interest. Each party wants to protect their own rights in the situation.


Details of any contact agreed upon or actual visitation for the birth parents must be included in the legal documentation. It can be difficult for the adoptive parents who want to feel the child is completely their own, but they must allow a certain amount of communication with the biological parents if they insist.


Each family and agreement is different. Some birth parents want only limited contact with the youngster, such as on birthdays and special occasions. Others want to be able to email and see the child fairly regularly. As the child becomes a teenager, they may have a desire to have more or less contact with the birth parents.


An attorney with a firm such as the Law Office of Michelle Penna can also help when an original agreement was documented with the court but now the adoptive or birth parents want to make a substantial adjustment. If there are disagreements about this, there may be a need to petition the court for a modification and provide sound reasons for the adjustment. Meditation sessions can help with negotiations.

For instance, a birth mother who previously agreed to very restricted contacts with a child may now want to have monthly visits. The adoptive parents may feel uncomfortable about this. Another example would be adoptive parents wanting to move out of state, which would stop in-person visitation for the most part.

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