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.
The probate laws of most states in the U.S. prohibit an adoptee from automatically inheriting from his or her birth parents. This applies regardless of whether or not the birth father participated in or agreed to the adoption. Had the adoption not have taken place, any son or daughter would be an heir upon his or her father's death—regardless of who his childhood caretakers were. There can be additional complications if the birth father has subsequently moved to another state. Should a birth parent include an "unknown" adoptee in his or her will, the probate court has no obligation to fulfill this type of request, while "known" adoptees may have the same status as non-family members. However, there is some variation in probate laws from one state to another.
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)
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When the birth mother has narrowed down her prospective adoptive parents to one or a few families, normally they arrange to meet in person. Good adoption agencies and attorneys do this in a pressure-free setting where no one is encouraged to make an immediate decision. If they are geographically distant from each other (as some adoptions are interstate, with the birth mother living in a different state from the adoptive parents), the first meeting will normally be by phone, then advance to a face-to-face meeting if the meeting by phone went as well as hoped.
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.
When adoptions are closed, the files are usually physically sealed. Nevertheless, most states have created procedures through which family members seeking to "open" a closed adoption may be able to access information about the other parties. However, the process and degree of access to information varies widely from state to state, with some states requiring a court order to reveal information that can be used to identify a party to an adoption.
Before the 1980s, most adoptions were kept closed. This is because women who go through unexpected pregnancy simply relocate while pregnant, give birth and then return to their homes. The doctor or an agency then looks for an adoptive family for the child without the mother knowing. This kind of setup can bring about a lot of complications and confusion within the adoptive family, particularly on the adopted child.
In an open adoption, as I define it, the adopters and the birthparents both know each other's full names, both first and last names. (It is not open if only one side has identifying information about the other.) They may agree to exchange photos and letters directly, without using the agency or attorney as a middleman. Sometimes a semi-open adoption later becomes an open adoption, if both parties decide that they want it that way.
Secondly, not having any contact with the birth mother actually can raise the uncertainty level in the adoptive family. For example, families who get to know the birth parents, even on a limited basis, will know why they chose adoption, what’s going on in their lives, and why they chose them to raise her child. Families without this contact may have these questions in their minds that they can never fully answer.
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.