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.
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]
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.
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.
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.

Conversely, if they want a confidential adoption, they should not feel unduly pressured into agreeing to an open adoption. Adopters who agree to an open adoption against their wishes may later find it difficult to fulfill their side of the agreement (for example, sending the birthmother letters and photos). This is terribly unfair to both the birthmother and the child. Agreeing to an open adoption when they don't want one is also unfair to the adopters themselves.
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.
Open Adoption - ArticlesA Brief History of Open AdoptionOpen Adoption with the Family and Your ChildIf You Give Your Child Up for Adoption, Can You Still Have Contact with Them?Questions to Ask Adoptive Parents and Tips When Meeting ThemBuilding a Relationship with the Adoptive FamilyTrusting the Adoptive Family in Open Adoption10 Open Adoption Facts That Might Surprise YouOpen Adoption Pros and Cons
What is Open Adoption? - ArticlesWhat is Open Adoption?What is the Difference Between Open, Closed and Semi-Open Adoptions?The Benefits of Contact with the Birth ParentsPicture and Letter Correspondence with Birth ParentsHow We Help You Find the Right Birth Mother to Adopt FromHow We Do and Don't Screen Pregnant MothersWhat You Need to Know About Birth Mother Substance UsePregnant Teens and Adoption: What to Know as a Waiting Parent
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are as essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
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.
In a confidential adoption, neither the adopter nor the birthparents know each other, nor do they ever meet. Instead, all the arrangements and paperwork occur through a middleman, usually an adoption agency or an attorney. Some people call this a closed adoption, although I prefer the terms confidential and traditional because they sound nonjudgmental. A confidential adoption doesn't mean that the adopters and birthparents know nothing about each other. What it means is they have no identifying information about each other.
Closed adoption, also called a confidential or traditional adoption, refers to an adoption in which there is no relationship between the adoptive family and birth parents. In a closed adoption, the birth parents and adoptive family arrange the adoption via a facilitator, attorney or a case worker at an agency. Neither member of the adoption triad knows identifying information about the other. By opting for a closed adoption, a future birth mother is trying to have as little involvement as possible with the placement process. For some women, this is a way to distance themselves from the emotional decisions associated with placement. However, the distance is something many adopters fear will make it easier for a birth mother to change her mind about placement.
The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.
Keep in mind that adoption relationships are ever evolving. One adoption may be fully open and then the birth mother decides to limit contact, while another adoption may be semi-open and then both the birth parents and adoptive family decide to engage in a more open adoption. While American Adoptions does require adoptive parents to be open to a certain standard of communication, what your adoption communication will look like will ultimately depend on the preferences of the pregnant woman who chooses you.
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?
Placing a Child for Adoption by Age - ArticlesPutting a Child Up for Adoption At Any AgeCan You Place a 1-Month-Old Up for Adoption? Can I Place My 2-Month-Old Up for Adoption?Can You Place a Child for Adoption at 3 Months? How to Place a 4-Month-Old Up for AdoptionHow to Place a 5-Month-Old for AdoptionCan I Place My 6-Month-Old Up for Adoption?Can I Place My Child for Adoption at 7 Months?Can I Place My 8-Month-Old Up for Adoption?Can I Place My Baby for Adoption at 9 Months Old?More . . .
When Can You "Give a Child Up" for Adoption? - ArticlesWhen Can You Give a Child Up for Adoption?I Want to Give My Unborn Child Up for AdoptionIt is Never Too Late to Give A Baby Up for AdoptionHow Fast Can I Place My Child for Adoption?Hospital Adoption: Giving Baby Up at the HospitalCan You Put a Baby Up for Adoption After You Take it Home?Is It Possible to Give an Older Child Up for Adoption? The Facts You Need to Know About Temporary AdoptionPlacing a Child for Adoption by Age
In virtually all cases, the decision is up to the adoptive parents regarding how to inform the child that he or she has been adopted, and at what age to do so, if at all. Although a non-profit adoption agency (if one is used) might mail newsletters and solicit funds from the parents, traditionally, it has been extremely rare for them to communicate directly with the child (usually, adoption agencies do not contain the word "adoption" in their name).
Adoptive parents should remember that an open adoption is not just a relationship, but a promise that families make to birth parents. Parents should always do their best to honor their contact agreement as time passes. For many, this is not an issue; in fact, may adoptive families develop strong relationships with the birth parents of their children and even come to view them as extended family members.

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.)
The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.
Closed adoption, not to be confused with sealed records, is an adoption in which the adoptive family and the birthmother never meet and know nothing or very little about one another. With the advent of open adoption, closed adoptions have become the exception in domestic adoption rather than the rule. The term closed adoption is most often used in relation to post-adoption contact, whereas the term sealed records is related to the access of legal documentation surrounding the birth and placement of the adopted child once the adoption is final. It is entirely possible to have a closed adoption and unsealed records or an open adoption with sealed records. The two practices are not mutually exclusive.
Open adoption means there is an ongoing direct relationship between the child and the birth family. Friends in Adoption (FIA) adheres to Hospitious Adoption. Jim Gritter, the author of Hospitious Adoption takes the approach that practicing goodwill, respect, and courage within the realm of open adoption makes the process move smoother and enriches children’s lives. Each adoption is unique, and degrees of openness vary from adoption to adoption depending on the comfort level of those involved. All FIA families are open to open adoption.

But closed adoptions meant that birth parents were left wondering if the child they placed for adoption had grown up healthy and happy with a loving family. They meant that adoptees had no medical history to rely on, nor any answers about the circumstances leading to their adoption. This lack of information made it difficult for birth parents and adoptive families to contact one another if they wanted to meet later on in life, and it made it more difficult for adoptees to form a positive self-identity.


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.
Historically, the four primary reasons for married couples to obtain a child via closed adoption have been (in no particular order) infertility, asexuality, having concern for a child's welfare (i.e. would not likely be adopted by others), and to ensure the sex of the child (a family with five girls and no boys, for example). In 1917, Minnesota was the first U.S. state to pass an adoption confidentiality and sealed records law.[1] Within the next few decades, most United States states and Canadian provinces had a similar law. Usually, the reason for sealing records and carrying out closed adoptions is said to be to "protect" the adoptee and adoptive parents from disruption by the natural parents and in turn, to allow natural parents to make a new life.
Prior to adoption, the infant would often be placed in temporary and state-mandated foster care for a few weeks to several months until the adoption was approved. This would also help ensure that he or she was healthy, that the birthparent was sure about relinquishment, and that nothing was overlooked at the time of birth. Nowadays[when?], this practice is discouraged, as it prevents immediate bonding between the mother and child. Also, much better medical testing is available, both prenatally and postnatally. Many children also developed orphanage-type behavior including head banging, rocking and hand flapping. Many adopted adults still retain this rocking behavior especially when tired.[citation needed]
It's equally important adopters understand that in a closed adoption little to no information will be exchanged with the birth parents, including their choice to arrange an adoption with the couple. This can feel like a distant business deal for some adoptive couples who want to know the nuances and personality of the mother of the child they're being placed with. Other adoptive parents may feel the separation of adoptive and birth parent eliminates possible instability an openly known birth mother's lifestyle may bring into a family dynamic. Also, in an open adoption, if communication is lost between the birth mother and adoptee, the child may become confused and hurt.
×