To be sure, open adoption gets rave reviews from the many social workers and families who champion it. Since the mid-1970s, open adoptions have been widely accepted as more compassionate and enlightened than the secretive adoptions of a previous generation. Indeed, the confidentiality that once defined adoption is no longer the norm. While international adoptions remain mostly closed, as do many public agency adoptions, domestic adoptions increasingly involve contact between adoptive parents and birth parents.

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.[22]
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There are also private search companies and investigators who charge fees to do a search for or assist adoptees and birth mothers and fathers locate each other, as well as to help other types of people searching. These services typically cost much more, but like search organizations and search angels, have far greater flexibility in regards to releasing information, and typically provide their own intermediary services. However, they may not circumvent the law regarding the confidentiality process.
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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.
Many open adoption relationships have a warmth that comes from having shared a common struggle – allowing yourself to be vulnerable to another human being, responding to that person’s vulnerability, and being committed to a common goal that centers around the best interest of the child. Like all relationships, open adoption will inevitably have peaks and valleys; yet, as people overcome each hurdle, there are opportunities to learn what to expect from each other and ultimately gain confidence in a collective ability to make the relationships work. When it is safe to create meaningful connections for a child, openness in any adoption — however limited — can be a great gift.

Closed adoption is experienced differently in every case. Communication is the most vital factor in the adoption process. As communication about wishes, desires, and expectations increases, the more comfortable everyone involved will be in the adoption process. In a closed adoption, this communication normally occurs through an adoption agency or adoption attorney.

Closed adoption has been increasingly criticized in recent years as being unfair to both the adoptee and his or her birth parents. Some people believe that making the identities of a child's parents quite literally a state secret is a gross violation of human rights. On the other hand, the birth mother may have desired the secrecy because of the circumstances of the child's conception.
“Although I’m very open, [his birth mother] drops into and out of our lives as she needs to,” Miller said. After one long absence, when her son was nine years old, she paid for his birth mother to fly from Colorado to California and stay with them for ten days. Miller doesn’t give up, she said, “because I think we need to honor the pieces that we didn’t provide in the makeup of the child.”

There are sometimes problems concerning birth mothers and adoption agencies who neglect to make sure the proper paperwork is done on the birth father's part. It is crucial to remember that no child can be relinquished legally without the birth father's consent, except in Utah. He must be given the chance to claim custody of the child. For this purpose, many states have established a Putative father registry, although some adoption activists see these as a hindrance rather than a help.[22]

Semi-open adoption doesn't usually involve any post-placement, face-to-face visitation. The children involved don't normally have any direct communication with their birthparents. Like closed adoption, once a child reaches the age of majority in his or her state, they have the option of searching for or being searched for by their biological family. Unlike a closed adoption, those involved in a semi-open adoption usually have access to some basic information that can assist in the search process.
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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.
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.

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.


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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 social stigma of unmarried mothers, particularly during the Baby Scoop Era (1945-1975) rendered them social outcasts. By the 1980s the situation improved greatly and the vast majority of unwed mothers kept their babies.[7] In a mother driven society after WWII infertile couples were also seen as deviant due to their inability to bear children. The social experiment of taking the children from "unmarried mothers" and "giving them" to adoptive parents became the norm during the BSE. These adoptions were predominantly closed. The records were sealed, biological mothers were told to keep their child a secret, and adoptive parents told to treat the child "as if born to".[8][9]
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.
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