The short answer is, yes. It was once believed that openness in adoption would undermine adoptive parents’ ability to feel entitled to parent their children, that children would be confused about the roles and rights of their adoptive parents in light of contact with their birth parents, that adoptive parents would lose all sense of control or that birth parents would not be able to successfully resolve their grief and loss in reference to their decision to place their child for adoption. What thirty-plus years of open adoption has taught us is that children are not confused about the roles of the people in their lives who love them. Adoption specialists now believe that openness can be a great gift — not just for the children — but for all who are involved in the story of adoption.
Historically, the four primary reasons for married couples to obtain a child via closed adoption have been (in no particular order) infertility, asexuality, having concern for a child's welfare (i.e. would not likely be adopted by others), and to ensure the sex of the child (a family with five girls and no boys, for example). In 1917, Minnesota was the first U.S. state to pass an adoption confidentiality and sealed records law.[1] Within the next few decades, most United States states and Canadian provinces had a similar law. Usually, the reason for sealing records and carrying out closed adoptions is said to be to "protect" the adoptee and adoptive parents from disruption by the natural parents and in turn, to allow natural parents to make a new life.
Open adoptions have helped birth parents heal post-placement by removing any lingering fears they might have about their child’s happiness after the adoption. Through open adoptions, birth and adoptive families remain connected and a valued part of each other’s lives. Many birth and adoptive parents even come to think of each other sort of like extended family!
DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys. Nor does AAAA’s website content constitute legal advice from AAAA or its member-attorneys to the reader or the public.  The law constantly changes and varies state-to-state.  Before relying on any general legal information contained herein, please consult legal counsel in your state of residence as to your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.
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.
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.
Occasionally birth parents experiencing shame or sadness just have to retreat for a while. In rare cases, when safety is an issue, adoptive families may have to cut off contact. A child whose biological parent disappears experiences a double whammy. He wonders why he was placed to begin with, then feels rejected again because a birth mother no longer visits.
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.
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.

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.
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.
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.
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]

In virtually all cases, the decision is up to the adoptive parents regarding how to inform the child that he or she has been adopted, and at what age to do so, if at all. Although a non-profit adoption agency (if one is used) might mail newsletters and solicit funds from the parents, traditionally, it has been extremely rare for them to communicate directly with the child (usually, adoption agencies do not contain the word "adoption" in their name).
When Can You "Give a Child Up" for Adoption? - ArticlesWhen Can You Give a Child Up for Adoption?I Want to Give My Unborn Child Up for AdoptionIt is Never Too Late to Give A Baby Up for AdoptionHow Fast Can I Place My Child for Adoption?Hospital Adoption: Giving Baby Up at the HospitalCan You Put a Baby Up for Adoption After You Take it Home?Is It Possible to Give an Older Child Up for Adoption? The Facts You Need to Know About Temporary AdoptionPlacing a Child for Adoption by Age

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.


When the birth mother has narrowed down her prospective adoptive parents to one or a few families, normally they arrange to meet in person.[13][14] Good adoption agencies and attorneys do this in a pressure-free setting where no one is encouraged to make an immediate decision. If they are geographically distant from each other (as some adoptions are interstate, with the birth mother living in a different state from the adoptive parents), the first meeting will normally be by phone, then advance to a face-to-face meeting if the meeting by phone went as well as hoped.[15]
American Adoptions, a private adoption agency founded on the belief that lives of children can be bettered through adoption, provides safe adoption services to children, birth parents and adoptive families by educating, supporting and coordinating necessary services for adoptions throughout the United States. For more information on American Adoptions, please call 1-800-ADOPTION (236-7846)
What is Domestic Adoption? - ArticlesAdopting a Child: What it Means, How it Works and Why You ShouldHow U.S. Adoption WorksWhat is Private Adoption? Adopt a Baby with American Adoptions Do You Want to Adopt a Newborn Baby?How to Adopt a Child - The Domestic Adoption ProcessWhy Adopt? 23 Reasons to Adopt a ChildDomestic vs. International AdoptionOur Domestic Adoption ProgramsMinimizing Adoption Wait TimesMore . . .

Historically, the four primary reasons for married couples to obtain a child via closed adoption have been (in no particular order) infertility, asexuality, having concern for a child's welfare (i.e. would not likely be adopted by others), and to ensure the sex of the child (a family with five girls and no boys, for example). In 1917, Minnesota was the first U.S. state to pass an adoption confidentiality and sealed records law.[1] Within the next few decades, most United States states and Canadian provinces had a similar law. Usually, the reason for sealing records and carrying out closed adoptions is said to be to "protect" the adoptee and adoptive parents from disruption by the natural parents and in turn, to allow natural parents to make a new life.


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 placement of older children can take two widely divergent paths. Generally speaking when a child has bonded to a birth parent then a need for an adoptive placement arises, it is usually critical for that child's emotional welfare to maintain ties with the birth parent. Sometimes a parent raised a child, but a problem has arisen, and parenting is no longer possible, and there are no family members able to take over the parenting role, so adoption is the best option.[23]
In nearly all US states adoption records are sealed and withheld from public inspection after the adoption is finalized. Most states have instituted procedures by which parties to an adoption may obtain non-identifying and identifying information from an adoption record while still protecting the interests of all parties. Non-identifying information includes the date and place of the adoptee's birth; age, race, ethnicity, religion, medical history, physical description, education, occupation of the biological parents; reason for placing the child for adoption; and the existence of biological siblings.
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]
×