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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.
Thankfully, as adoptive families, birth mothers, adopted children and child-placing agencies continued to see the negatives of closed adoption and the positives of open adoption, adoption as a whole began to evolve, and for the better. Today, most adoption agencies allow the birth mother to make most of the decision in the adoption, including how much contact she wants with the adoptive family and the child. It is then the adoption agency’s job to find the appropriate adoptive family for each adoption situation.
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.
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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.