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"
Birth and adoptive families are counseled about the importance of honoring one’s word in open adoption agreements through American Adoptions. If, for some reason, contact is lost and one party is unable to reach the other, we’ll hold any correspondence intended for them for up to 18 years in case they notify us and request to receive that communication and want to get back in touch.
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.
If adoptive parents have chosen closed adoption as a preference, they may feel closed adoption allows them to parent without interference or worry that an open adoption would confuse their child. If birth parents have chosen to keep the adoption closed, the benefits will also be tied to the reasons for this choice. The placement may be due to wanting the child out of a bad situation, and the closed adoption allows for security. If the child is a product of sexual assault, closed adoption may benefit the privacy and emotions of both the birth parent and child. A birth parent may also choose to keep an adoption closed because an open adoption would be too difficult emotionally. A closed adoption may be viewed, in this case, as an opportunity to try to move on.
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Reunion registries were designed so adoptees and their birth parents, siblings or other family members can locate one another at little or no cost. In these mutual consent registries, both parties must have registered in order for there to be a match. Most require the adoptee to be at least 18 years old. Though they did not exist until late in the 20th century, today there are many World Wide Web pages, chat rooms, and other online resources that offer search information, registration and support.
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Many states, though, still keep this information sealed even after the adoptee and the birth parents agree to know and contact each other. A second court order would be required to have this information unsealed permanently. This is well beyond the scope of the initial search, and what is covered by the payment to the intermediary. Should an adoptee subsequently lose his or her unamended birth certificate, a court order may be required to obtain another one (even if a photocopy is submitted).
Sue Heinzman’s enthusiasm for openness was echoed by virtually every family interviewed for this story. Even Kim Felder, whose empty mailbox made her son so sad, would not have it any other way. Robbie is one of four children adopted by the Felders since 1987, all of them involved some form of openness. And Kim knows the pain of closed adoption firsthand: she placed her son, Jim, for adoption 24 years ago, reuniting with him when he was 18.
The placement of older children can take two widely divergent paths. Generally speaking when a child has bonded to a birth parent then a need for an adoptive placement arises, it is usually critical for that child's emotional welfare to maintain ties with the birth parent. Sometimes a parent raised a child, but a problem has arisen, and parenting is no longer possible, and there are no family members able to take over the parenting role, so adoption is the best option.
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Occasionally birth parents experiencing shame or sadness just have to retreat for a while. In rare cases, when safety is an issue, adoptive families may have to cut off contact. A child whose biological parent disappears experiences a double whammy. He wonders why he was placed to begin with, then feels rejected again because a birth mother no longer visits.
The short answer is, yes. It was once believed that openness in adoption would undermine adoptive parents’ ability to feel entitled to parent their children, that children would be confused about the roles and rights of their adoptive parents in light of contact with their birth parents, that adoptive parents would lose all sense of control or that birth parents would not be able to successfully resolve their grief and loss in reference to their decision to place their child for adoption. What thirty-plus years of open adoption has taught us is that children are not confused about the roles of the people in their lives who love them. Adoption specialists now believe that openness can be a great gift — not just for the children — but for all who are involved in the story of adoption.
Open adoption is now the most widely practiced form of adoption in the United States. In an open adoption, identifying information is shared, including names, phone numbers, and email addresses. Additionally, an open adoption includes varying degrees of openness after the adoption process is finalized. This typically includes the exchange of emails, letters, pictures, and phone calls. A fully open adoption also includes in-person visits. Fully open adoptions can also include extended family members, such as birthgrandparents and siblings.
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