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.
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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.
All states allow an adoptive parents access to non-identifying information of an adoptee who is still a minor. Nearly all states allow the adoptee, upon reaching adulthood, access to non-identifying information about their relatives. Approximately 27 states allow biological parents access to non-identifying information. In addition many states give such access to adult siblings. Identifying information is any data that may lead to the positive identification of an adoptee, biological parents, or other relatives. Nearly all states permit the release of identifying information when the person whose information is sought has consented to the release. Many states ask biological parents to specify at the time of consent or surrender whether they are willing to have their identity disclosed to the adoptee when he or she is age 18 or 21.5. If consent is not on file, the information may not be released without a court order documenting good cause to release the information. A person seeking a court order must be able to demonstrate by clear and convincing evidence that there is a compelling reason for disclosure that outweighs maintaining the confidentiality of a party to an adoption. In Alabama, Alaska, Delaware, Kansas, New Hampshire, and Oregon, there is no requirement to document good cause in order to access their birth certificates. Some groups, such as Bastard Nation, One Voice, and Origins USA, campaign for adoptees' automatic access to birth certificates in other US states.
Closed adoption, not to be confused with sealed records, is an adoption in which the adoptive family and the birthmother never meet and know nothing or very little about one another. With the advent of open adoption, closed adoptions have become the exception in domestic adoption rather than the rule. The term closed adoption is most often used in relation to post-adoption contact, whereas the term sealed records is related to the access of legal documentation surrounding the birth and placement of the adopted child once the adoption is final. It is entirely possible to have a closed adoption and unsealed records or an open adoption with sealed records. The two practices are not mutually exclusive.
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The short answer is, yes. It was once believed that openness in adoption would undermine adoptive parents’ ability to feel entitled to parent their children, that children would be confused about the roles and rights of their adoptive parents in light of contact with their birth parents, that adoptive parents would lose all sense of control or that birth parents would not be able to successfully resolve their grief and loss in reference to their decision to place their child for adoption. What thirty-plus years of open adoption has taught us is that children are not confused about the roles of the people in their lives who love them. Adoption specialists now believe that openness can be a great gift — not just for the children — but for all who are involved in the story of adoption.
Although open adoptions are thought to be a relatively new phenomenon, most adoptions in the United States until the twentieth century were open. Until the 1930s, most adoptive parents and biological parents had contact at least during the adoption process. In many cases, adoption was seen as a social support: young children were adopted out not only to help their parents (by reducing the number of children they had to support) but also to help another family by providing an apprentice.
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.
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Closed adoption refers to an adoption process where there is no interaction between birthmothers and prospective adoptive families. In closed adoptions, there is no identifying information provided either to birth families or adoptive families. Non-identifying information such as physical characteristics and medical history may be made available to all involved parties. There are a number of disadvantages that need to be considered regarding closed adoptions.
Another way older children can be placed for adoption is where the birth parents' rights were terminated by a court due to improper parenting or abuse. Although the child may still foster idealized feelings for that failing parent it is not uncommon in these adoptions for there to be no contact between the child and adoptive parent, and the birth parent.
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.
There are also private search companies and investigators who charge fees to do a search for or assist adoptees and birth mothers and fathers locate each other, as well as to help other types of people searching. These services typically cost much more, but like search organizations and search angels, have far greater flexibility in regards to releasing information, and typically provide their own intermediary services. However, they may not circumvent the law regarding the confidentiality process.
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.
Oftentimes the birth and adoptive parents will sign a Post-Adoption Contract (sometimes called an Open Adoption Agreement), putting in writing any promises regarding contact after the adoption is finalized. Even in those states which do not expressly have laws in this area, these agreements can usually be prepared if the parties desire to formalize the agreement. In an increasing number of US states, courts will find these agreements legally enforceable, as long as they serve the best interests of the child. It is not unusual for these agreements to be more like "handshake" agreements, although they offer less protection to a birth parent if the adoptive parent's promises were not honored.