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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.
The empty mailbox is just one example of the challenges that families in open adoptions may face. In recent years, we have embraced the concept of open adoption with gusto — yet the journey, for some, has proved to be unexpectedly bumpy. Lack of support, a sudden change in the life of either the adoptive or biological family, logistical pressures — all can complicate matters. Add to that the emotionally charged issues at stake-parenthood, power, identity — and open adoption can make for some combustible family dynamics.
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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.
When a child is adopted through a closed adoption, the records of that adoption are sealed by a judge to make the transaction private. Biological parents will sometimes do this if they do not want to be contacted by their biological child, or if the parties involved agree that it is best if certain information be anonymous. But sometimes a child may grow up and want to contact his biological parents, or she may need to know her parents in the event of a hereditary illness or risk that requires knowledge of family medical history.
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.)
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.
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.
Closed adoptions are rare in the United States, but remain common in international adoptions and were the norm in adoptions in the past, when families usually used an agency to adopt a newborn. The prospective adoptive family would put their name on a list, and wait for the social worker to make a match. The adoptive parents didn't know where the child came from, or who his or her birthparents were. The child might not have even known that he or she came into the family through adoption.
Meet with the judge at your scheduled date and explain your reason for wanting the adoption records unsealed. Generally, you will have a better chance if your reasoning isn't based solely on personal desire or interest. Medical issues are the most common reason sealed adoption records are unsealed. However, you can consult an adoption lawyer to build the best argument no matter what your reasoning. The judge will either grant your petition and unseal the records or deny your petition. If this happens, you can request a confidential intermediary.