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.
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.
For many years in New York State, adoptees had to obtain the permission of their adoptive parents (unless deceased) to be included in a state-sponsored reunion registry regardless of the age of the adoptee. In some cases, older adults or even senior citizens felt like they were being treated like children, and required to obtain their parents' signature on the form. In a broader sense, they felt it could be inferred that adopted children are always children, and thus second-class citizens subject to discrimination. The law has since been changed.
This idea can be scary at first. Most women considering adoption are totally unfamiliar with how open adoption works. But, after understanding the idea better, it’s something that many prospective birth mothers are eager to choose. In fact, more than 90 percent of adoptions today involve some level of openness — and it is entirely up to you to decide what that looks like for you and your child.
Sue Heinzman’s enthusiasm for openness was echoed by virtually every family interviewed for this story. Even Kim Felder, whose empty mailbox made her son so sad, would not have it any other way. Robbie is one of four children adopted by the Felders since 1987, all of them involved some form of openness. And Kim knows the pain of closed adoption firsthand: she placed her son, Jim, for adoption 24 years ago, reuniting with him when he was 18.
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.
On June 1, 2009, Ontario, Canada, opened its sealed records to adoptees and their birth parents, with a minimum age of 18 for the adoptee, or one additional year if the birth parents initiate the request. Both parties can protect their privacy by giving notice of how to be either contacted or not, and if the latter, with identifying information being released or not. All adoptions subsequent to September 1, 2008, will be "open adoptions"
Decades ago, virtually all adoptions were closed. A closed adoption means that there is no contact whatsoever between the birthparents and the adoptive parents and child after the adoption takes place. In fact, there may also be no contact before the adoption. Nowadays, however, the trend in the United States is toward open adoptions, in which all the parties to an adoption meet and often remain in each other's lives.
No, American Adoptions has established relationships with some of the best adoption attorneys in the nation. Because adoption laws vary from state to state and between counties, it is important to utilize the services of an adoption attorney who specializes in the state where the adoption will finalize, which is unknown until you match with an expectant mother. You have the right to retain your own attorney, but doing so may be an additional, unnecessary expense.
The cost for a confidential intermediary and related court fees can be around $500, but varies by state and agency. For persons who cannot afford the fees, there is usually assistance available from the tax-payer supported state department or the non-profit agency, and anyone can request from them how-to request this help. Most agencies charge a fixed fee which includes everything, and only in the most extreme and unusual circumstances ask for additional funds. If the adoptee is unable to locate (or would prefer to use a third person) to find his or her birth father, often the same confidential intermediary can be used for an additional fee.
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Adoptive parents should remember that an open adoption is not just a relationship, but a promise that families make to birth parents. Parents should always do their best to honor their contact agreement as time passes. For many, this is not an issue; in fact, may adoptive families develop strong relationships with the birth parents of their children and even come to view them as extended family members.
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.
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.
A 1996 study reported in Child Development found that all the children studied “reported positive levels of self-esteem, curiosity about their birthparents, and satisfaction with the openness situation” regardless of whether their adoptions were closed, semi-open, or open. What this seems to mean is that the child's sense of security in his adoptive family is more important than contact with the birth family.