In nearly all US states adoption records are sealed and withheld from public inspection after the adoption is finalized. Most states have instituted procedures by which parties to an adoption may obtain non-identifying and identifying information from an adoption record while still protecting the interests of all parties. Non-identifying information includes the date and place of the adoptee's birth; age, race, ethnicity, religion, medical history, physical description, education, occupation of the biological parents; reason for placing the child for adoption; and the existence of biological siblings.
But closed adoptions meant that birth parents were left wondering if the child they placed for adoption had grown up healthy and happy with a loving family. They meant that adoptees had no medical history to rely on, nor any answers about the circumstances leading to their adoption. This lack of information made it difficult for birth parents and adoptive families to contact one another if they wanted to meet later on in life, and it made it more difficult for adoptees to form a positive self-identity.
American Adoptions, a private adoption agency founded on the belief that lives of children can be bettered through adoption, provides safe adoption services to children, birth parents and adoptive families by educating, supporting and coordinating necessary services for adoptions throughout the United States. For more information on American Adoptions, please call 1-800-ADOPTION (236-7846)
Thankfully, as adoptive families, birth mothers, adopted children and child-placing agencies continued to see the negatives of closed adoption and the positives of open adoption, adoption as a whole began to evolve, and for the better. Today, most adoption agencies allow the birth mother to make most of the decision in the adoption, including how much contact she wants with the adoptive family and the child. It is then the adoption agency’s job to find the appropriate adoptive family for each adoption situation.
Closed adoption has been increasingly criticized in recent years as being unfair to both the adoptee and his or her birth parents. Some people believe that making the identities of a child's parents quite literally a state secret is a gross violation of human rights. On the other hand, the birth mother may have desired the secrecy because of the circumstances of the child's conception.
A closed adoption is the type where there is totally no contact between the birth parents and the adoptive parents as well as the child. There is also no classifying information shared between families about each other, thereby effectively cutting possible contact between the two. Before the child joins the family, the adoptive parents are provided with non-identifying data about the child and his or her birth family. Once the adoption is concluded, all records are sealed. These sealed records may or may not become accessible to the adopted child once he or she turns 18, but this is dependent on the signed paperwork and local law.
Decades ago, virtually all adoptions were closed. A closed adoption means that there is no contact whatsoever between the birthparents and the adoptive parents and child after the adoption takes place. In fact, there may also be no contact before the adoption. Nowadays, however, the trend in the United States is toward open adoptions, in which all the parties to an adoption meet and often remain in each other's lives.
Like any relationship, open adoption relationships evolve over time. Post-adoption contact may increase or decrease, or the nature of the contact may change along with people’s changing lives. However, even in the most open adoption relationship, the birth parent is not a co-parent but rather another very important person in the child’s life. The child’s adoptive parent(s) are his or her legal parent(s) and they have all rights and responsibility for the child. Most importantly, when birth parents and adoptive parents set out to forge their relationship, the child’s needs must always be paramount.
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Fortunately, prospective birth mothers today have the power to choose the type of relationship they want to have with the adoptive family and their child during and after the adoption process. Some prospective birth mothers still feel that closed adoption in Texas is the best option for them, and this is entirely their choice to make. However, more and more women today are choosing open adoptions in Texas and across the U.S.
Historically, the four primary reasons for married couples to obtain a child via closed adoption have been (in no particular order) infertility, asexuality, having concern for a child's welfare (i.e. would not likely be adopted by others), and to ensure the sex of the child (a family with five girls and no boys, for example). In 1917, Minnesota was the first U.S. state to pass an adoption confidentiality and sealed records law. Within the next few decades, most United States states and Canadian provinces had a similar law. Usually, the reason for sealing records and carrying out closed adoptions is said to be to "protect" the adoptee and adoptive parents from disruption by the natural parents and in turn, to allow natural parents to make a new life.
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Open adoption means there is an ongoing direct relationship between the child and the birth family. Friends in Adoption (FIA) adheres to Hospitious Adoption. Jim Gritter, the author of Hospitious Adoption takes the approach that practicing goodwill, respect, and courage within the realm of open adoption makes the process move smoother and enriches children’s lives. Each adoption is unique, and degrees of openness vary from adoption to adoption depending on the comfort level of those involved. All FIA families are open to open adoption.
Some states have confidential intermediary systems. This often requires a person to petition the court to view the sealed adoption records, then the intermediary conducts a search similar to that of a private investigator. This can be either a search for the birth mother at the request of the adoptee, or vice versa. Quite often, in the many years which have passed since the adoptee was born, a birth mother or female adoptee has both moved to another address, and married or remarried resulting in a change of her surname. While this can make the search difficult and time consuming, a marriage certificate may provide the needed clue as to the person's whereabouts. If and when the intermediary is able to contact the birth mother (or adoptee), she is informed that her adopted child (or birth mother) is inquiring about her. In the few states that have open adoption records, should this party indicate that he or she does not want to be contacted, by law, the information would not be given out. Upon completion of the search in which the birth mother agrees to be contacted, the intermediary usually sends the adoptee the official unamended birth certificate obtained from the court. The adoptive parents' application to an adoption agency remains confidential, however.
Only a court order allows closed adoption records to be unsealed, which was quite uncommon prior to the early 1990s. A few cases have surfaced in which records were thought to have been sealed but were not—either by mishandling or misunderstanding. Although rare, a small number of people have been prosecuted over the years for violating the confidentially of sealed adoption records. In 1998, Oregon voters passed Measure 58 which allowed adoptees to unseal their birth records without any court order. Some other states which used to keep closed adoption records sealed permanently by default have since changed to allowing release once the adoptee turns 18. However, these laws were not made retroactive; only future adoptions subsequent to the laws' passage apply.
In some states, (North Carolina, Georgia, Virginia) the city and county of the adoptee’s birth is changed on the amended birth certificate, to where the adoptive parents were living at the time the adoption was finalized. Often, the states will not give the adoptee the correct location of their birth. Some adoptees have been denied passports for having incomplete birth certificates. The hospital may also be omitted on the amended birth certificate, especially if it primarily serves unwed mothers. In the United States, many such hospitals were run by the Salvation Army, and named after its founder, William Booth. By the mid-1970s, all of these hospitals had closed due to high costs and the reduced need for secrecy, as the social stigma of having a child out of wedlock in America had decreased. More and more mothers were raising their child as a single parent (often with the help of the newly created institution of government welfare).
Occasionally birth parents experiencing shame or sadness just have to retreat for a while. In rare cases, when safety is an issue, adoptive families may have to cut off contact. A child whose biological parent disappears experiences a double whammy. He wonders why he was placed to begin with, then feels rejected again because a birth mother no longer visits.
In 2013, the film Philomena based on the book The Lost Child of Philomena Lee, opened in cinemas worldwide. It tells the true story of Philomena's 50-year-long search for her forcefully adopted Irish infant son, who was sent to the United States. She is eventually assisted by BBC journalist Martin Sixsmith, which takes up the majority of the film. Starring Judi Dench as Philomena and Steve Coogan as Sixsmith, it was nominated for four American and four British Academy Awards.
A semi-open adoption in Texas allows you to stay in contact with the adoptive family through American Adoptions without having to share identifying information like your last name or home address. American Adoptions can mediate contact of a semi-open adoption for up to 18 years. However, most adoptive parents and birth parents today share a more open adoption, which involves direct communication without the agency’s involvement.
Negotiate with your biological parents and/or their representatives through a confidential intermediary. This is only an option if your parents are still alive (if they are dead, it is usually easier to unseal adoption records). Use the intermediary to explain your reasoning for wanting the records unsealed. If you can reach a mutual agreement, the records can be unsealed.
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In a confidential adoption, neither the adopter nor the birthparents know each other, nor do they ever meet. Instead, all the arrangements and paperwork occur through a middleman, usually an adoption agency or an attorney. Some people call this a closed adoption, although I prefer the terms confidential and traditional because they sound nonjudgmental. A confidential adoption doesn't mean that the adopters and birthparents know nothing about each other. What it means is they have no identifying information about each other.
Many open adoption relationships have a warmth that comes from having shared a common struggle – allowing yourself to be vulnerable to another human being, responding to that person’s vulnerability, and being committed to a common goal that centers around the best interest of the child. Like all relationships, open adoption will inevitably have peaks and valleys; yet, as people overcome each hurdle, there are opportunities to learn what to expect from each other and ultimately gain confidence in a collective ability to make the relationships work. When it is safe to create meaningful connections for a child, openness in any adoption — however limited — can be a great gift.
For many years in New York State, adoptees had to obtain the permission of their adoptive parents (unless deceased) to be included in a state-sponsored reunion registry regardless of the age of the adoptee. In some cases, older adults or even senior citizens felt like they were being treated like children, and required to obtain their parents' signature on the form. In a broader sense, they felt it could be inferred that adopted children are always children, and thus second-class citizens subject to discrimination. The law has since been changed.
Most open adoptions lie somewhere in the middle, according to Grotevant and McRoy, exchanging letters, pictures, and phone calls, and having face-to-face meetings once or twice a year. Whatever their situation, many families report that relatives and friends condemn openness, and voice fears that the arrangement will make the birth parent want the child back.
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Conversely, if they want a confidential adoption, they should not feel unduly pressured into agreeing to an open adoption. Adopters who agree to an open adoption against their wishes may later find it difficult to fulfill their side of the agreement (for example, sending the birthmother letters and photos). This is terribly unfair to both the birthmother and the child. Agreeing to an open adoption when they don't want one is also unfair to the adopters themselves.
Although pre-birth openness is becoming routine in newborn adoptions there are more variations in the years following the birth, after the adoption has been completed. Some birth mothers want to get to know the adoptive parents before the birth, but then wish to go "their own way" in life thereafter. Getting to know the adoptive family gives her confidence in the placement and the knowledge she can feel secure in the child's future with the parents (or single parent) she selected. The birth mother may feel that future contact with the adoptive parents, or the child, would be emotionally difficult for her.
Open adoption is a form of adoption in which the biological and adoptive families have access to varying degrees of each other's personal information and have an option of contact. While open adoption is a relatively new phenomenon in the west, it has been a traditional practice in many Asian societies, especially in South Asia, for many centuries. In Hindu society, for example, it is relatively common for a childless couple to adopt the second or later son of the husband's brother when the childless couple has limited hope of producing their own child.