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.

In a closed adoption, the adoption professionals involved will usually choose the adoptive family for the child. It is important to remember that having a closed adoption does not guarantee that once a child reaches the age of majority in your state he or she will not seek out and reunite with their biological families or that the biological family will not seek and reunite with the child that was adopted. The closed or open adoption agreements made between the parties of an adoption at the time of the child's birth only stay in force until the child reaches the legal age in which he or she can make decisions for his or her own self.
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.
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Because there are many benefits of having openness in adoption, we must continue to educate others about the gifts often involved in open adoption. Open adoption helps minimize the child’s loss of relationships. Openness helps a child celebrate his connections with all the important people in his life who love him. We also believe that when children are able to resolve their losses with truth rather than fantasy, they grow to be more authentically who they are and who they were always meant to be. Even when that truth is painful or difficult, children have taught us that they would rather live with the truth than with the mysterious unknown — for what children imagine is so often worse than even the darkest of truths.
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.
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.
Decades ago, virtually all adoptions were closed. A closed adoption means that there is no contact whatsoever between the birthparents and the adoptive parents and child after the adoption takes place. In fact, there may also be no contact before the adoption. Nowadays, however, the trend in the United States is toward open adoptions, in which all the parties to an adoption meet and often remain in each other's lives.
While open adoption is becoming more common as we learn about healthier adoption practices and the importance of open adoption for adoptees, many recognize that open adoption is not always possible. This may be because of security issues or simply at the request of the birth parents. It may be too risky or harmful to the child to allow for any openness in adoption. There may also be situations where an open adoption is simply not possible for the time being or cases where adoptive parents would prefer a closed adoption for varying reasons. The benefits of such a decision will likely depend on the reasons for it.
The cost for a confidential intermediary and related court fees can be around $500, but varies by state and agency. For persons who cannot afford the fees, there is usually assistance available from the tax-payer supported state department or the non-profit agency, and anyone can request from them how-to request this help. Most agencies charge a fixed fee which includes everything, and only in the most extreme and unusual circumstances ask for additional funds. If the adoptee is unable to locate (or would prefer to use a third person) to find his or her birth father, often the same confidential intermediary can be used for an additional fee.

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.


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.
American Adoptions accepts a limited number of families into our gender-specific program. Please contact us at 1-800-ADOPTION to learn whether we are currently accepting families into this program. With this option, families pay an additional Gender-Specific Fee to help our agency locate and work with birth mothers meeting this additional criterion. This fee is in addition to other program fees and covers additional advertising. The fee is not considered part of your adoption budget. Please note that gender specificity will likely increase your wait time significantly.
This idea can be scary at first. Most women considering adoption are totally unfamiliar with how open adoption works. But, after understanding the idea better, it’s something that many prospective birth mothers are eager to choose. In fact, more than 90 percent of adoptions today involve some level of openness — and it is entirely up to you to decide what that looks like for you and your child.
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Decades ago, virtually all adoptions were closed. A closed adoption means that there is no contact whatsoever between the birthparents and the adoptive parents and child after the adoption takes place. In fact, there may also be no contact before the adoption. Nowadays, however, the trend in the United States is toward open adoptions, in which all the parties to an adoption meet and often remain in each other's lives.

DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys. Nor does AAAA’s website content constitute legal advice from AAAA or its member-attorneys to the reader or the public.  The law constantly changes and varies state-to-state.  Before relying on any general legal information contained herein, please consult legal counsel in your state of residence as to your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.
In all adoption searches, it is uncommon to find both the birth mother and father at the same time. A separate search, if desired, can be done afterwards for the father. Since males seldom change their surnames, and the mother might have additional information, it is usually easier than the initial search for the birth mother. In many cases, adoptees are able to do this second search for their birth father by themselves (or they try before paying for assistance).
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