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.
Locate the county you were adopted in and contact the county clerk. She will be able to tell you the process of seeking access to your sealed adoption records. There may be certain restrictions and varying orders of procedure--such as a rule that you must be of legal age to make the request on your own--but you will have to go to court no matter what, and the process for arranging that appointment is by filing a petition.
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.
While a closed adoption does eliminate any risk of a rocky relationship, it also eliminates the possibility of a fulfilling, positive relationship. Moreover, birth mothers cannot reclaim their children under any circumstance, and adopted children are often less confused about their adoption when they know their birth mothers, who can answer their questions.
In a closed adoption, the adoption professionals involved will usually choose the adoptive family for the child. It is important to remember that having a closed adoption does not guarantee that once a child reaches the age of majority in your state he or she will not seek out and reunite with their biological families or that the biological family will not seek and reunite with the child that was adopted. The closed or open adoption agreements made between the parties of an adoption at the time of the child's birth only stay in force until the child reaches the legal age in which he or she can make decisions for his or her own self.
Fortunately, prospective birth mothers today have the power to choose the type of relationship they want to have with the adoptive family and their child during and after the adoption process. Some prospective birth mothers still feel that closed adoption in Texas is the best option for them, and this is entirely their choice to make. However, more and more women today are choosing open adoptions in Texas and across the U.S.
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.
Taylor is an OA&FS birthmom who placed her son, August, in 2011. She shared her heartfelt open adoption story of friendship, love and connection for publication in the Rational Enquirer . The Rational Enquirer is a youth sexual health magazine that covers a wide variety of topics meant to inform and connect people in conversation. It’s created by a collaboration of the Oregon Teen Pregnancy Task Force and the Youth Sexual Health Program. We appreciate the partnerships OA&FS has with these organizations.
Like any relationship, open adoption relationships evolve over time. Post-adoption contact may increase or decrease, or the nature of the contact may change along with people’s changing lives. However, even in the most open adoption relationship, the birth parent is not a co-parent but rather another very important person in the child’s life. The child’s adoptive parent(s) are his or her legal parent(s) and they have all rights and responsibility for the child. Most importantly, when birth parents and adoptive parents set out to forge their relationship, the child’s needs must always be paramount.
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.
Historically, the four primary reasons for married couples to obtain a child via closed adoption have been (in no particular order) infertility, asexuality, having concern for a child's welfare (i.e. would not likely be adopted by others), and to ensure the sex of the child (a family with five girls and no boys, for example). In 1917, Minnesota was the first U.S. state to pass an adoption confidentiality and sealed records law. Within the next few decades, most United States states and Canadian provinces had a similar law. Usually, the reason for sealing records and carrying out closed adoptions is said to be to "protect" the adoptee and adoptive parents from disruption by the natural parents and in turn, to allow natural parents to make a new life.
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.