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.
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.
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]
Grotevant, however, sounded a note of caution to those who portray it as a panacea. The children of open adoption do not have higher self-esteem than those in closed adoptions, he observed. For children in each group, self-esteem is about the same, his research found. He stressed that more research is needed to assess the impact of open adoption on adolescents. (The research he did with McRoy studies children up to age 12.)
“A lot of birth parents went into it thinking it was a privilege to them,” said Brenda Romanchik, executive director of Insight: Open Adoption Resources and Support, an adoption education and support organization in Royal Oak, Michigan. “So when things got tough, they thought, this isn’t working for me, so I’m going to leave. They didn’t take the child into account.”
In 2013, the film Philomena based on the book The Lost Child of Philomena Lee, opened in cinemas worldwide. It tells the true story of Philomena's 50-year-long search for her forcefully adopted Irish infant son, who was sent to the United States. She is eventually assisted by BBC journalist Martin Sixsmith, which takes up the majority of the film. Starring Judi Dench as Philomena and Steve Coogan as Sixsmith, it was nominated for four American and four British Academy Awards.
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.
There are also private search companies and investigators who charge fees to do a search for or assist adoptees and birth mothers and fathers locate each other, as well as to help other types of people searching. These services typically cost much more, but like search organizations and search angels, have far greater flexibility in regards to releasing information, and typically provide their own intermediary services. However, they may not circumvent the law regarding the confidentiality process.
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