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.
Because there are many benefits of having openness in adoption, we must continue to educate others about the gifts often involved in open adoption. Open adoption helps minimize the child’s loss of relationships. Openness helps a child celebrate his connections with all the important people in his life who love him. We also believe that when children are able to resolve their losses with truth rather than fantasy, they grow to be more authentically who they are and who they were always meant to be. Even when that truth is painful or difficult, children have taught us that they would rather live with the truth than with the mysterious unknown — for what children imagine is so often worse than even the darkest of truths.
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.
Negotiate with your biological parents and/or their representatives through a confidential intermediary. This is only an option if your parents are still alive (if they are dead, it is usually easier to unseal adoption records). Use the intermediary to explain your reasoning for wanting the records unsealed. If you can reach a mutual agreement, the records can be unsealed.
Many birth mothers do more than just meet the adoptive parents once before the birth. If they live close enough to each other it is not uncommon for the birth mother to invite the adoptive mother (or adoptive father too if the birth mother wishes) to come to her doctor appointments. This may allow all parties to the adoption a chance to bond. Adoptive parents may be present for the delivery if that is the birth mother's wish.
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.
Over the past few decades, we’ve found that the majority of prospective birth mothers are looking for an adoptive family they can have a personal relationship with before, during and after the adoption process is complete. Therefore, we require our prospective adoptive families to be open to the kind of communication most of these birth mothers are looking for, including:
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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.