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.
Only a court order allows closed adoption records to be unsealed, which was quite uncommon prior to the early 1990s. A few cases have surfaced in which records were thought to have been sealed but were not—either by mishandling or misunderstanding. Although rare, a small number of people have been prosecuted over the years for violating the confidentially of sealed adoption records. In 1998, Oregon voters passed Measure 58 which allowed adoptees to unseal their birth records without any court order. Some other states which used to keep closed adoption records sealed permanently by default have since changed to allowing release once the adoptee turns 18. However, these laws were not made retroactive; only future adoptions subsequent to the laws' passage apply.
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.
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.
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.
Reunion registries were designed so adoptees and their birth parents, siblings or other family members can locate one another at little or no cost. In these mutual consent registries, both parties must have registered in order for there to be a match. Most require the adoptee to be at least 18 years old. Though they did not exist until late in the 20th century, today there are many World Wide Web pages, chat rooms, and other online resources that offer search information, registration and support.
Closed adoption refers to an adoption process where there is no interaction between birthmothers and prospective adoptive families. In closed adoptions, there is no identifying information provided either to birth families or adoptive families. Non-identifying information such as physical characteristics and medical history may be made available to all involved parties. There are a number of disadvantages that need to be considered regarding closed adoptions.
It’s important to keep in mind that, while adoption relationships can change, it is more complicated to increase contact than to decrease it. If a birth mother starts with an open relationship and then decides later that she needs distance, she can do this at any time. However, if an adoption is closed and a birth mother wants more contact, then she has to come to an agreement with the adoptive family. Therefore, it is especially important that a birth mother choosing closed adoption is sure that it is what she wants.
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.
LifeLong Adoptions supports three types of adoption: open adoption, semi-open adoption, and closed adoption. Each birthmother chooses the type of adoption she would like to have. We then ensure she is matched with an adoptive family that is interested in the same type of adoption. Though you may prefer a specific adoption type, it is beneficial to remain open minded in case the birthmother who choses you prefers a different arrangement.
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.
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.