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.
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. 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".
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.
Secondly, not having any contact with the birth mother actually can raise the uncertainty level in the adoptive family. For example, families who get to know the birth parents, even on a limited basis, will know why they chose adoption, what’s going on in their lives, and why they chose them to raise her child. Families without this contact may have these questions in their minds that they can never fully answer.
Now that the first open-adoption generation is under way, social workers are becoming more aware of the role of siblings in these arrangements. An adoptive child’s relationships with biological siblings need to be taken into account. And two children adopted into the same family may have different degrees of openness with their birth mothers. Openness may also affect decisions about family size.
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.
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