The probate laws of most states in the U.S. prohibit an adoptee from automatically inheriting from his or her birth parents. This applies regardless of whether or not the birth father participated in or agreed to the adoption. Had the adoption not have taken place, any son or daughter would be an heir upon his or her father's death—regardless of who his childhood caretakers were. There can be additional complications if the birth father has subsequently moved to another state. Should a birth parent include an "unknown" adoptee in his or her will, the probate court has no obligation to fulfill this type of request, while "known" adoptees may have the same status as non-family members. However, there is some variation in probate laws from one state to another.
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)
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.
It’s important to keep in mind that, while adoption relationships can change, it is more complicated to increase contact than to decrease it. If a birth mother starts with an open relationship and then decides later that she needs distance, she can do this at any time. However, if an adoption is closed and a birth mother wants more contact, then she has to come to an agreement with the adoptive family. Therefore, it is especially important that a birth mother choosing closed adoption is sure that it is what she wants.
While open adoption is becoming more common as we learn about healthier adoption practices and the importance of open adoption for adoptees, many recognize that open adoption is not always possible. This may be because of security issues or simply at the request of the birth parents. It may be too risky or harmful to the child to allow for any openness in adoption. There may also be situations where an open adoption is simply not possible for the time being or cases where adoptive parents would prefer a closed adoption for varying reasons. The benefits of such a decision will likely depend on the reasons for it.
Adoption has changed a great deal over time. Today, birth mothers and birth fathers often choose to be actively involved in all facets of the process of adoption planning. Many times they opt to choose their child’s adoptive parents, and they are requesting consistent communication and interaction with the children they place for adoption throughout the life cycle of the adoption. Does this benefit the children?
On June 1, 2009, Ontario, Canada, opened its sealed records to adoptees and their birth parents, with a minimum age of 18 for the adoptee, or one additional year if the birth parents initiate the request. Both parties can protect their privacy by giving notice of how to be either contacted or not, and if the latter, with identifying information being released or not. All adoptions subsequent to September 1, 2008, will be "open adoptions"
Like other, more open adoptions, what a semi-open adoption looks like will vary based on the preferences of the birth parents involved. As prospective adoptive parents, you should prepare to be flexible on communication in a semi-open adoption, as birth parents’ comfort levels (and communication preferences) may change over time as you build a relationship with them.