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.
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. 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.
Whether you are seeking to adopt or considering placing your child for adoption, it is a good idea to decide whether open adoption is the right choice for you and your child. Today, it is increasingly common for birth parents and adoptive parents to communicate directly with one another before, during, and after the adoption process is complete. That contact can take place in many different ways including through the exchange of emails, letters, phone calls, Skype calls, and in-person visits.
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.
Many birth mothers do more than just meet the adoptive parents once before the birth. If they live close enough to each other it is not uncommon for the birth mother to invite the adoptive mother (or adoptive father too if the birth mother wishes) to come to her doctor appointments. This may allow all parties to the adoption a chance to bond. Adoptive parents may be present for the delivery if that is the birth mother's wish.
Prior to the 1980s, it was common practice to keep adoptions closed. Oftentimes, women facing unexpected pregnancies would temporarily move to another location, have their babies, and return home. The doctor or a child-placing agency would then find an adoptive family, unbeknownst to the birth mother. Clearly, this led to various complications in each of their lives, especially for the adopted child.
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.
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.
In some states, (North Carolina, Georgia, Virginia) the city and county of the adoptee’s birth is changed on the amended birth certificate, to where the adoptive parents were living at the time the adoption was finalized. Often, the states will not give the adoptee the correct location of their birth. Some adoptees have been denied passports for having incomplete birth certificates. The hospital may also be omitted on the amended birth certificate, especially if it primarily serves unwed mothers. In the United States, many such hospitals were run by the Salvation Army, and named after its founder, William Booth. By the mid-1970s, all of these hospitals had closed due to high costs and the reduced need for secrecy, as the social stigma of having a child out of wedlock in America had decreased. More and more mothers were raising their child as a single parent (often with the help of the newly created institution of government welfare).
“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.”
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.