The probate laws of most states in the U.S. prohibit an adoptee from automatically inheriting from his or her birth parents. This applies regardless of whether or not the birth father participated in or agreed to the adoption. Had the adoption not have taken place, any son or daughter would be an heir upon his or her father's death—regardless of who his childhood caretakers were. There can be additional complications if the birth father has subsequently moved to another state. Should a birth parent include an "unknown" adoptee in his or her will, the probate court has no obligation to fulfill this type of request, while "known" adoptees may have the same status as non-family members. However, there is some variation in probate laws from one state to another.

Females have statistically been somewhat more likely than males to search for their birth parents, and are far more likely to search for their adopted children. Very often, the reason the infant was put up for adoption in the first place was the birth father's unwillingness to marry or otherwise care for the child. Nevertheless, many birth fathers in this situation have agreed to meet with their grown children decades later.[citation needed]


It's equally important adopters understand that in a closed adoption little to no information will be exchanged with the birth parents, including their choice to arrange an adoption with the couple. This can feel like a distant business deal for some adoptive couples who want to know the nuances and personality of the mother of the child they're being placed with. Other adoptive parents may feel the separation of adoptive and birth parent eliminates possible instability an openly known birth mother's lifestyle may bring into a family dynamic. Also, in an open adoption, if communication is lost between the birth mother and adoptee, the child may become confused and hurt.
“It removes the mystery, but it doesn’t remove the grief,” said Claude Riedel, a psychologist and family therapist who co-directs the Adoptive Family Counseling Center in Minnesota. “The reality is that, at certain stages, it’s normal to have questions: why did you choose not to parent me, not to keep me? And there may be complexities: have you kept your other children, but not me?”
Some (not many) agencies encourage a complete disclosure of identities between birthparents and adopting parents, as well as an ongoing close relationship. Agencies that support fully open disclosures believe that an open adoption is a better way for both adoptive parents and birthparents—as well as the children. Agencies that don't support open adoption feel just as strongly that continued contact is not a good idea for any of the parties.
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.
Prior to the 1980s, it was common practice to keep adoptions closed. Oftentimes, women facing unexpected pregnancies would temporarily move to another location, have their babies, and return home. The doctor or a child-placing agency would then find an adoptive family, unbeknownst to the birth mother. Clearly, this led to various complications in each of their lives, especially for the adopted child.
For both birth parents and adoptive parents, the open adoption process can remove the mystery from the adoption process, and can permit a greater degree of control in the decision-making process. The open adoption process also allows adoptive parents to better answer their children's questions about who their birthparents were, and why they were adopted. Open adoptions can also help the child come to terms with being adopted, because the child's concerns can be addressed directly by everyone who was involved in the adoption process.
The nature of adoption has changed greatly over the years, and open adoptions are one of the many ways that birth parents can take charge of their adoption plans. Instead of having to wonder whether or not they chose the right family or how their child is doing, they will always know. In an open adoption, birth parents have the opportunity to get to know the family they have chosen for their child, which puts many people at ease and makes the difficult decision of adoption much easier.
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Birth and adoptive families are counseled about the importance of honoring one’s word in open adoption agreements through American Adoptions. If, for some reason, contact is lost and one party is unable to reach the other, we’ll hold any correspondence intended for them for up to 18 years in case they notify us and request to receive that communication and want to get back in touch.
The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.
If anything, openness appears to help kids understand adoption; relieve the fears of adoptive parents; and help birth mothers resolve their grief, according to researchers Harold D. Grotevant and Ruth G. McRoy. “Many of the fears about open adoption do not seem to be a problem,” said Grotevant, a professor at the University of Minnesota and co-author with McRoy of Openness in Adoption: Exploring Family Connections.
Whether you are seeking to adopt or considering placing your child for adoption, it is a good idea to decide whether open adoption is the right choice for you and your child. Today, it is increasingly common for birth parents and adoptive parents to communicate directly with one another before, during, and after the adoption process is complete. That contact can take place in many different ways including through the exchange of emails, letters, phone calls, Skype calls, and in-person visits.
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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.
Although pre-birth openness is becoming routine in newborn adoptions there are more variations in the years following the birth, after the adoption has been completed.[15] Some birth mothers want to get to know the adoptive parents before the birth, but then wish to go "their own way" in life thereafter. Getting to know the adoptive family gives her confidence in the placement and the knowledge she can feel secure in the child's future with the parents (or single parent) she selected. The birth mother may feel that future contact with the adoptive parents, or the child, would be emotionally difficult for her.[18]
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.

Unfortunately, there are situations where an open adoption is either not an option or is not the best choice for the child. Some birth parents do not want an open adoption because they are afraid that the ongoing contact will be a constant reminder of the painful decision they made at a difficult time in their life. They may believe that a closed adoption will better allow them to emotionally heal. Other birth parents have not shared the fact of their pregnancy with their family or community and they may fear that an open adoption will undermine their desire for confidentiality. Finally, there are times when open adoption is not in the child’s best interest due to the birth parents’ circumstances.

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.
It's equally important adopters understand that in a closed adoption little to no information will be exchanged with the birth parents, including their choice to arrange an adoption with the couple. This can feel like a distant business deal for some adoptive couples who want to know the nuances and personality of the mother of the child they're being placed with. Other adoptive parents may feel the separation of adoptive and birth parent eliminates possible instability an openly known birth mother's lifestyle may bring into a family dynamic. Also, in an open adoption, if communication is lost between the birth mother and adoptee, the child may become confused and hurt.
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