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.
Conversely, if they want a confidential adoption, they should not feel unduly pressured into agreeing to an open adoption. Adopters who agree to an open adoption against their wishes may later find it difficult to fulfill their side of the agreement (for example, sending the birthmother letters and photos). This is terribly unfair to both the birthmother and the child. Agreeing to an open adoption when they don't want one is also unfair to the adopters themselves.
In an open adoption, as I define it, the adopters and the birthparents both know each other's full names, both first and last names. (It is not open if only one side has identifying information about the other.) They may agree to exchange photos and letters directly, without using the agency or attorney as a middleman. Sometimes a semi-open adoption later becomes an open adoption, if both parties decide that they want it that way.
Meet with the judge at your scheduled date and explain your reason for wanting the adoption records unsealed. Generally, you will have a better chance if your reasoning isn't based solely on personal desire or interest. Medical issues are the most common reason sealed adoption records are unsealed. However, you can consult an adoption lawyer to build the best argument no matter what your reasoning. The judge will either grant your petition and unseal the records or deny your petition. If this happens, you can request a confidential intermediary.
Many adopting parents in non-private adoptions would apply to a local, state licensed adoption agency. The agency may be a member of the national Child Welfare League of America (CWLA). The CWLA and many adoption agencies are still in operation today, but with an expanded and somewhat different agenda compared to past decades, as the government has largely taken over some of their previous responsibilities.
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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.
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.
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.
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.
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"
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.
Closed adoption, not to be confused with sealed records, is an adoption in which the adoptive family and the birthmother never meet and know nothing or very little about one another. With the advent of open adoption, closed adoptions have become the exception in domestic adoption rather than the rule. The term closed adoption is most often used in relation to post-adoption contact, whereas the term sealed records is related to the access of legal documentation surrounding the birth and placement of the adopted child once the adoption is final. It is entirely possible to have a closed adoption and unsealed records or an open adoption with sealed records. The two practices are not mutually exclusive.