You might be shocked and delighted to know that if you’re an expectant mother wondering, “Will I see my baby after giving them up for adoption?” you should be aware that this practice is entirely possible and often encouraged.

Each adoption case varies in many ways, but the simple answer is yes, that if you choose to make an adoption plan, you may be able to see it again.

This fact commonly holds even immediately after giving birth. If you choose adoption, most mothers believe that your baby is taken away from you at that precise moment, but it simply is not usually accurate. Under most circumstances, you will be able to hold your baby and spend time together in the hospital before making the final adoption decision and placing them with the adoptive parents you’ve chosen.

If you do move forward with your adoption plan, you still could see your baby through a legal process called “open adoption.” This “open adoption” agreement in Arizona legally called a “Post Adoption Communication Agreement” commonly referred to as a, “PACA” provides an ongoing relationship between the birth family, the adoptive family, and the child.

There are legalities to consider, and there are many levels to open adoption. Every open adoption and relationship is unique, and all aspects are considered on a case-by-case basis. Your Arizona adoption lawyer will explain all the details and that in many current adoptions cases, the result, at the least, is a semi-open relationship. This all translates to meaning that if you place your baby for adoption, you can potentially see them again.

It’s vital to note that the Arizona courts consider every case and every detail of your case in this matter. The general standard followed is that the courts will always side with what’s in the highest and best interest of the child.
If you find yourself in this situation, then the help of a qualified, knowledgeable Phoenix adoption lawyer is suggested to obtain the relationship you want and need with your child.

Just How Does An “Open Adoption” Work in Arizona?

So, how does the Arizona court approach an open adoption, and how does it work? Like most legal matters, it depends on your unique and specific situation. Open adoption is a mutually agreed-upon plan between parties involved in the adoption process.

Commonly, in Arizona, there are three distinct types of post-adoption agreements so that you can still be in your child’s life, they are:

Open adoption is a relationship between you and the adoptive parents where contact information (last names, phone numbers, etc.) is shared. An adoption specialist is not required to facilitate further communication and contact.

Semi-open adoption – This is, by far, the most common type of post-adoption contact. In semi-open adoptions, some contact information is shared. Still, the adoptive parent’s privacy is usually protected, and someone at the adoption agency does communication between you and them. In a semi-open adoption, the interaction with the adoptive family can vary from occasional photo and letter updates, phone, or video calls, to potentially actual in-person visits with your child.

Closed adoption – Currently, this is the least common type of adoption in Arizona, although it still does occur. In a closed adoption,  you place your child for adoption, and you cannot maintain contact with them at all. No contact information is shared between you and the adoptive parents, and there won’t be any contact with your child after the adoption is closed and the child’s placement is made.

Is There a Difference Between Adoption and a Legal Guardianship?

In Arizona, the differences between the legal terms of guardianship, adoption, and custody often cause immense confusion. These are distinctly different processes, though, and your adoption lawyer will make sure you understand what they are.

Adoption and guardianship are both legally formed arrangements for the care and custody of a child. There are vitally significant differences, the largest being the time for which the agreement is effective. Adoption permanently places your child with a new family, but guardianship is usually a temporary arrangement made by you that puts your child with a close friend or family member.

Both types of arrangements may seal responsibility for a child to a Third party. It still holds that adoptive parents and legal guardians are responsible for meeting the child’s basic needs by loving and supporting them, feeding, clothing them, etc.

However, the terms of guardianship vs. adoption vary, as do the legal rights awarded to adoptive parents vs. guardians.

As a Birth Parent, Do I Have the Right To Contact My Adopted Child

Recall that there are ways your child can be adopted, and you can legally remain in contact and foster a meaningful relationship in their lives.

However, suppose a closed adoption has been put in place. In that case, you, as the birth mother, may only seek to contact them after your child’s 18th birthday, and commonly only through an officially approved intermediary. The intermediary will respect the adopted child’s wishes about whether they want any form of contact or not.

When adopted, your child still has many legal rights that the Arizona courts will uphold. If you wish to contact your adopted child and legally do not have any agreement to do so, consult with a professional Phoenix adoption lawyer so that you proceed correctly and are fully informed of all your options.

I Am Considering Putting My Child Up for Adoption; How Should I Proceed?

This will be one of the most important & impactful decisions you’ll ever have to make. Getting the proper, professional, empathetic, and unique advice to help you make this decision is encouraged. The Arizona Family Law Firm lawyers have passionately and successfully been advising Arizona families regarding adoption plans and options for years. So, consult with them first, and assure that your heartfelt wishes have the best legal chance of being realized.