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]

For those who do not want a completely open adoption, there is the option of semi-open adoption. Semi-open adoption is a great option to create an adoption relationship that meets the needs of a particular situation. Every adoption relationship is different, and semi-open adoptions can take many forms; a typical semi-open adoption involves communication without exchanging identifying information, along with sending pictures and letters on occasion.
In some states, (North Carolina, Georgia, Virginia) the city and county of the adoptee’s birth is changed on the amended birth certificate, to where the adoptive parents were living at the time the adoption was finalized. Often, the states will not give the adoptee the correct location of their birth. Some adoptees have been denied passports for having incomplete birth certificates. The hospital may also be omitted on the amended birth certificate, especially if it primarily serves unwed mothers. In the United States, many such hospitals were run by the Salvation Army, and named after its founder, William Booth. By the mid-1970s, all of these hospitals had closed due to high costs and the reduced need for secrecy, as the social stigma of having a child out of wedlock in America had decreased. More and more mothers were raising their child as a single parent (often with the help of the newly created institution of government welfare).
Meet with the judge at your scheduled date and explain your reason for wanting the adoption records unsealed. Generally, you will have a better chance if your reasoning isn't based solely on personal desire or interest. Medical issues are the most common reason sealed adoption records are unsealed. However, you can consult an adoption lawyer to build the best argument no matter what your reasoning. The judge will either grant your petition and unseal the records or deny your petition. If this happens, you can request a confidential intermediary.
Many states, though, still keep this information sealed even after the adoptee and the birth parents agree to know and contact each other. A second court order would be required to have this information unsealed permanently. This is well beyond the scope of the initial search, and what is covered by the payment to the intermediary. Should an adoptee subsequently lose his or her unamended birth certificate, a court order may be required to obtain another one (even if a photocopy is submitted).
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]

When adoptions are closed, the files are usually physically sealed. Nevertheless, most states have created procedures through which family members seeking to "open" a closed adoption may be able to access information about the other parties. However, the process and degree of access to information varies widely from state to state, with some states requiring a court order to reveal information that can be used to identify a party to an adoption.
Our therapy will provide individuals and families with clarity, openness and honesty through the profound life experiences and choices they are facing. Do you have unresolved issues and emotions regarding your origins? Your child’s origins? Your role in helping others build their family? We’ll meet you wherever you are on your journey. We can help.
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.

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.

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From the early 1950s when Jean Paton began Orphan Voyage, and into the 1970s with the creation of ALMA, International Soundex Reunion Registry, Yesterday's Children, Concerned United Birthparents, Triadoption Library, and dozens of other local search and reunion organizations, there has been a grass roots support system in place for those seeking information and reunion with family.

Likely the most common arrangement in open adoptions is for the adoptive parents to commit to sending the birth mother photos of the child (and themselves as a family) each year, and short written updates, until the child reaches the age of 18.[19] Often these photos and updates will be sent more than just once a year, such as the child's birthday or other significant events. Sometimes an intermediary is selected to receive and forward the updates, and sometimes it is done directly. This can be through mail or email. Some adoptions are more open than just sending photos and updates and include face-to-face contact. The amount of contact can vary greatly from just once in the first year, to multiple times annually throughout the child's life.[13][20] Some of the adoptees raised in open adoption are now in adulthood and are writing about the experience of growing up in an open adoption.[21]


Many states, though, still keep this information sealed even after the adoptee and the birth parents agree to know and contact each other. A second court order would be required to have this information unsealed permanently. This is well beyond the scope of the initial search, and what is covered by the payment to the intermediary. Should an adoptee subsequently lose his or her unamended birth certificate, a court order may be required to obtain another one (even if a photocopy is submitted).
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