Adoption
Open Adoption Agreements
Drafting and negotiating legally enforceable open adoption agreements between birth and adoptive families.
Open adoption in New Mexico
New Mexico is one of the states that allows a legally binding open adoption agreement to be incorporated into the adoption. That is not true in every jurisdiction, and the difference matters enormously to families considering ongoing contact between birth and adoptive families.
Understanding the choices
Open adoption can take many forms — from the exchange of letters and photos to in-person visits at agreed times. Before any of that is committed to writing, families benefit from a careful conversation about expectations, boundaries, and the long-term realities of an open arrangement.
Drafting agreements that hold up
“We draft open adoption agreements with the same care we bring to any contract.”
We draft open adoption agreements with the same care we bring to any contract. The agreement should be specific enough to be meaningful, flexible enough to grow with the child, and enforceable in the manner allowed by New Mexico law.
Representing adoptive parents
Adoptive parents need to understand exactly what the open adoption agreement will require of them — and what it will not require. We make sure the document reflects what they have actually agreed to, not assumptions on either side.
Representing birth parents
Birth parents who want continued contact with their child deserve a document that protects that relationship in a meaningful way. We help birth parents understand the strength and limits of an open adoption agreement under New Mexico law.
Modifying or enforcing an existing agreement
“Open adoption agreements can be modified by mutual agreement, and they can be enforced when one party stops honoring the terms.”
Open adoption agreements can be modified by mutual agreement, and they can be enforced when one party stops honoring the terms. We assist families on both sides of those conversations.