All states allow an adoptive parents access to non-identifying information of an adoptee who is still a minor. Nearly all states allow the adoptee, upon reaching adulthood, access to non-identifying information about their relatives. Approximately 27 states allow biological parents access to non-identifying information. In addition many states give such access to adult siblings. Identifying information is any data that may lead to the positive identification of an adoptee, biological parents, or other relatives. Nearly all states permit the release of identifying information when the person whose information is sought has consented to the release. Many states ask biological parents to specify at the time of consent or surrender whether they are willing to have their identity disclosed to the adoptee when he or she is age 18 or 21.5. If consent is not on file, the information may not be released without a court order documenting good cause to release the information. A person seeking a court order must be able to demonstrate by clear and convincing evidence that there is a compelling reason for disclosure that outweighs maintaining the confidentiality of a party to an adoption. In Alabama, Alaska, Delaware, Kansas, New Hampshire, and Oregon, there is no requirement to document good cause in order to access their birth certificates. Some groups, such as Bastard Nation, One Voice, and Origins USA, campaign for adoptees' automatic access to birth certificates in other US states.
The pros and cons of open adoption have been endlessly debated by social workers and attorneys. It appears that those who support open adoptions are completely committed to them; those who believe in confidential adoptions seem equally convinced that open adoptions are catastrophic. Adopters need to deal with an adoption arranger that they feel comfortable with. The following table presents some classic differences between the two styles of adoption.
Like any relationship, open adoption relationships evolve over time. Post-adoption contact may increase or decrease, or the nature of the contact may change along with people’s changing lives. However, even in the most open adoption relationship, the birth parent is not a co-parent but rather another very important person in the child’s life. The child’s adoptive parent(s) are his or her legal parent(s) and they have all rights and responsibility for the child. Most importantly, when birth parents and adoptive parents set out to forge their relationship, the child’s needs must always be paramount.
At present, most adoption agencies let the birth mother decide on most of the terms of the adoption, including how much interaction she wants to maintain with the child and adoptive parents. The agency then looks for the suitable adoptive family that will adhere to the birth mother’s wishes. Even so, there are still some birth parents who prefer closed adoptions and deny contact or exchange of identifying information.
The nature of adoption has changed greatly over the years, and open adoptions are one of the many ways that birth parents can take charge of their adoption plans. Instead of having to wonder whether or not they chose the right family or how their child is doing, they will always know. In an open adoption, birth parents have the opportunity to get to know the family they have chosen for their child, which puts many people at ease and makes the difficult decision of adoption much easier.
For children in open adoptions, the toughest challenge may come when a birth parent who’s been visiting or calling suddenly vanishes or drifts away. The trigger can be a move to a new job, a marriage, or a personal problem, such as drugs or alcohol. In some cases, a birth mother may not feel worthy of contact, or she may get the message from the adoptive parents that she’s not welcome.
Open adoption has slowly become more common since research in the 1970s suggested that open adoption was better for children. In 1975 the tide began to change, and by the early 1990s open adoptions were offered by a majority of American adoption agencies. Especially rapid progress was seen in the late 1980s and early 1990s - between 1987 and 1989 a study found only a third of agencies offered fully open adoption as an option; by 1993 76 percent of the surveyed agencies offered fully open adoptions. As of 2013, roughly half of US states consider them legally binding, however contact in open adoption is not always maintained.
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.