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.
Once the adoption has been approved, the agency transfers the infant from foster care (if used) to the adoptive parents. After the infant has spent a few weeks or months with the adoptive parents, a local judge formally and legally approves the adoption. The natural mother has until the final court hearing. The infant is then issued a second, amended certificate, sometimes stated to be a birth certificate, that states the adopting parents are the child's parents. This becomes the adopted person's permanent, legal "birth" certificate. In the post WWII era, laws were enacted which prevented both the adopted person and adoptive family from accessing the original, and the information given to them can be quite limited (though this has varied somewhat over the years, and from one agency to another). Originally, the sealed record laws were meant to keep information private from everyone except the 'parties to the action' (adoptee, adoptive parent, birthparent and agency). Over time, the laws were reinterpreted or rewritten to seal the information even from the involved parties.
The pros and cons of open adoption have been endlessly debated by social workers and attorneys. It appears that those who support open adoptions are completely committed to them; those who believe in confidential adoptions seem equally convinced that open adoptions are catastrophic. Adopters need to deal with an adoption arranger that they feel comfortable with. The following table presents some classic differences between the two styles of adoption.
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.
Closed adoption (also called "confidential" adoption and sometimes "secret" adoption) is a process by which an infant is adopted by another family, and the record of the biological parent(s) is kept sealed. Often, the biological father is not recorded—even on the original birth certificate. An adoption of an older child who already knows his or her biological parent(s) cannot be made closed or secret. This used to be the most traditional and popular type of adoption, peaking in the decades of the post-World War II Baby Scoop Era. It still exists today, but it exists alongside the practice of open adoption. The sealed records effectively prevent the adoptee and the biological parents from finding, or even knowing anything about each other (especially in the days before the Internet). The International Association of Adopted People does not support any form of closed adoption because it believes that closed adoption is detrimental to the psychological wellbeing of the adopted child. However, the emergence of non-profit organizations and private companies to assist individuals with their sealed records has been effective in helping people who want to connect with biological relatives to do so.
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Like other, more open adoptions, what a semi-open adoption looks like will vary based on the preferences of the birth parents involved. As prospective adoptive parents, you should prepare to be flexible on communication in a semi-open adoption, as birth parents’ comfort levels (and communication preferences) may change over time as you build a relationship with them.
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.
Open adoption has slowly become more common since research in the 1970s suggested that open adoption was better for children. In 1975 the tide began to change, and by the early 1990s open adoptions were offered by a majority of American adoption agencies. Especially rapid progress was seen in the late 1980s and early 1990s - between 1987 and 1989 a study found only a third of agencies offered fully open adoption as an option; by 1993 76 percent of the surveyed agencies offered fully open adoptions. As of 2013, roughly half of US states consider them legally binding, however contact in open adoption is not always maintained.
Likely the most common arrangement in open adoptions is for the adoptive parents to commit to sending the birth mother photos of the child (and themselves as a family) each year, and short written updates, until the child reaches the age of 18. Often these photos and updates will be sent more than just once a year, such as the child's birthday or other significant events. Sometimes an intermediary is selected to receive and forward the updates, and sometimes it is done directly. This can be through mail or email. Some adoptions are more open than just sending photos and updates and include face-to-face contact. The amount of contact can vary greatly from just once in the first year, to multiple times annually throughout the child's life. Some of the adoptees raised in open adoption are now in adulthood and are writing about the experience of growing up in an open adoption.
Increasingly common nowadays is the "open" adoption process, in which the adoptive parents actually meet and usually stay in touch with the birthparents. Each adoption is a unique experience and the degree to which there is openness and interaction between adoptive parents and birth parents varies. It depends on how comfortable all of the parties are with the process and circumstances. However, most adoption agencies now encourage some degree of openness.
Adoption has changed a great deal over time. Today, birth mothers and birth fathers often choose to be actively involved in all facets of the process of adoption planning. Many times they opt to choose their child’s adoptive parents, and they are requesting consistent communication and interaction with the children they place for adoption throughout the life cycle of the adoption. Does this benefit the children?
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.