In an open adoption, as I define it, the adopters and the birthparents both know each other's full names, both first and last names. (It is not open if only one side has identifying information about the other.) They may agree to exchange photos and letters directly, without using the agency or attorney as a middleman. Sometimes a semi-open adoption later becomes an open adoption, if both parties decide that they want it that way.
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.
Some states have confidential intermediary systems. This often requires a person to petition the court to view the sealed adoption records, then the intermediary conducts a search similar to that of a private investigator. This can be either a search for the birth mother at the request of the adoptee, or vice versa. Quite often, in the many years which have passed since the adoptee was born, a birth mother or female adoptee has both moved to another address, and married or remarried resulting in a change of her surname. While this can make the search difficult and time consuming, a marriage certificate may provide the needed clue as to the person's whereabouts. If and when the intermediary is able to contact the birth mother (or adoptee), she is informed that her adopted child (or birth mother) is inquiring about her. In the few states that have open adoption records, should this party indicate that he or she does not want to be contacted, by law, the information would not be given out. Upon completion of the search in which the birth mother agrees to be contacted, the intermediary usually sends the adoptee the official unamended birth certificate obtained from the court. The adoptive parents' application to an adoption agency remains confidential, however.
We have learned valuable lessons regarding the resilience of children, and they continue to astound and inspire us. We have also been humbled by many birth parents who have been able to successfully resolve the grief of lost opportunities to parent their children through sheer grace that is involved in their healing relationships with their children and their adoptive family members through the years.
A closed adoption is the type where there is totally no contact between the birth parents and the adoptive parents as well as the child. There is also no classifying information shared between families about each other, thereby effectively cutting possible contact between the two. Before the child joins the family, the adoptive parents are provided with non-identifying data about the child and his or her birth family. Once the adoption is concluded, all records are sealed. These sealed records may or may not become accessible to the adopted child once he or she turns 18, but this is dependent on the signed paperwork and local law.
Closed adoption refers to an adoption process where there is no interaction between birthmothers and prospective adoptive families. In closed adoptions, there is no identifying information provided either to birth families or adoptive families. Non-identifying information such as physical characteristics and medical history may be made available to all involved parties. There are a number of disadvantages that need to be considered regarding closed adoptions.
Once the adoption has been approved, the agency transfers the infant from foster care (if used) to the adoptive parents. After the infant has spent a few weeks or months with the adoptive parents, a local judge formally and legally approves the adoption. The natural mother has until the final court hearing. The infant is then issued a second, amended certificate, sometimes stated to be a birth certificate, that states the adopting parents are the child's parents. This becomes the adopted person's permanent, legal "birth" certificate. In the post WWII era, laws were enacted which prevented both the adopted person and adoptive family from accessing the original, and the information given to them can be quite limited (though this has varied somewhat over the years, and from one agency to another). Originally, the sealed record laws were meant to keep information private from everyone except the 'parties to the action' (adoptee, adoptive parent, birthparent and agency). Over time, the laws were reinterpreted or rewritten to seal the information even from the involved parties.
For many years in New York State, adoptees had to obtain the permission of their adoptive parents (unless deceased) to be included in a state-sponsored reunion registry regardless of the age of the adoptee. In some cases, older adults or even senior citizens felt like they were being treated like children, and required to obtain their parents' signature on the form. In a broader sense, they felt it could be inferred that adopted children are always children, and thus second-class citizens subject to discrimination. The law has since been changed.
Parents may also wonder how to react when kids start voicing their preferences regarding birth parent contact. Letting a young child call the shots in an open adoption is probably a bad idea. (After all, small children don’t get to decide when to visit grandparents or other relatives.) But a child of 12 may be ready to make some decisions about whether or when to meet with birth parents. “The older a child gets, the larger the role they should have,” Grotevant advised.
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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"
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.
A 1996 study reported in Child Development found that all the children studied “reported positive levels of self-esteem, curiosity about their birthparents, and satisfaction with the openness situation” regardless of whether their adoptions were closed, semi-open, or open. What this seems to mean is that the child's sense of security in his adoptive family is more important than contact with the birth family.