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.[22]
When a child is adopted through a closed adoption, the records of that adoption are sealed by a judge to make the transaction private. Biological parents will sometimes do this if they do not want to be contacted by their biological child, or if the parties involved agree that it is best if certain information be anonymous. But sometimes a child may grow up and want to contact his biological parents, or she may need to know her parents in the event of a hereditary illness or risk that requires knowledge of family medical history.
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In virtually all cases, the decision is up to the adoptive parents regarding how to inform the child that he or she has been adopted, and at what age to do so, if at all. Although a non-profit adoption agency (if one is used) might mail newsletters and solicit funds from the parents, traditionally, it has been extremely rare for them to communicate directly with the child (usually, adoption agencies do not contain the word "adoption" in their name).

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.


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.[22]
Open adoption is the exact opposite of a closed adoption. In this situation, there is some kind of fellowship between the birth and adoptive parents and the adopted child. Generally, there is an exchange of identifying information (e.g. first and last names, home address, phone number, etc.) and contact is retained between the two parties. There are several examples of an open adoption, including:
Many states, though, still keep this information sealed even after the adoptee and the birth parents agree to know and contact each other. A second court order would be required to have this information unsealed permanently. This is well beyond the scope of the initial search, and what is covered by the payment to the intermediary. Should an adoptee subsequently lose his or her unamended birth certificate, a court order may be required to obtain another one (even if a photocopy is submitted).

“Although I’m very open, [his birth mother] drops into and out of our lives as she needs to,” Miller said. After one long absence, when her son was nine years old, she paid for his birth mother to fly from Colorado to California and stay with them for ten days. Miller doesn’t give up, she said, “because I think we need to honor the pieces that we didn’t provide in the makeup of the child.”


At present, most adoption agencies let the birth mother decide on most of the terms of the adoption, including how much interaction she wants to maintain with the child and adoptive parents. The agency then looks for the suitable adoptive family that will adhere to the birth mother’s wishes. Even so, there are still some birth parents who prefer closed adoptions and deny contact or exchange of identifying information.

Open Adoption - ArticlesA Brief History of Open AdoptionOpen Adoption with the Family and Your ChildIf You Give Your Child Up for Adoption, Can You Still Have Contact with Them?Questions to Ask Adoptive Parents and Tips When Meeting ThemBuilding a Relationship with the Adoptive FamilyTrusting the Adoptive Family in Open Adoption10 Open Adoption Facts That Might Surprise YouOpen Adoption Pros and Cons

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.

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