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.
“It removes the mystery, but it doesn’t remove the grief,” said Claude Riedel, a psychologist and family therapist who co-directs the Adoptive Family Counseling Center in Minnesota. “The reality is that, at certain stages, it’s normal to have questions: why did you choose not to parent me, not to keep me? And there may be complexities: have you kept your other children, but not me?”
To be sure, open adoption gets rave reviews from the many social workers and families who champion it. Since the mid-1970s, open adoptions have been widely accepted as more compassionate and enlightened than the secretive adoptions of a previous generation. Indeed, the confidentiality that once defined adoption is no longer the norm. While international adoptions remain mostly closed, as do many public agency adoptions, domestic adoptions increasingly involve contact between adoptive parents and birth parents.
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)
Closed adoption is experienced differently in every case. Communication is the most vital factor in the adoption process. As communication about wishes, desires, and expectations increases, the more comfortable everyone involved will be in the adoption process. In a closed adoption, this communication normally occurs through an adoption agency or adoption attorney.
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Choosing an open or a closed adoption is just one question among many that you'll face in the adoption process. There are also important legal questions that will arise as you take on the custody and care of an adopted child. A skilled family law attorney experienced in adoption cases will be able to set your mind at ease and ensure a smooth process.
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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.