Increasingly common nowadays is the "open" adoption process, in which the adoptive parents actually meet and usually stay in touch with the birthparents. Each adoption is a unique experience and the degree to which there is openness and interaction between adoptive parents and birth parents varies. It depends on how comfortable all of the parties are with the process and circumstances. However, most adoption agencies now encourage some degree of openness.
Open adoption is a form of adoption in which the biological and adoptive families have access to varying degrees of each other's personal information and have an option of contact. While open adoption is a relatively new phenomenon in the west, it has been a traditional practice in many Asian societies, especially in South Asia, for many centuries. In Hindu society, for example, it is relatively common for a childless couple to adopt the second or later son of the husband's brother when the childless couple has limited hope of producing their own child.
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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.
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.
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.
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.
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.
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.
Although pre-birth openness is becoming routine in newborn adoptions there are more variations in the years following the birth, after the adoption has been completed. Some birth mothers want to get to know the adoptive parents before the birth, but then wish to go "their own way" in life thereafter. Getting to know the adoptive family gives her confidence in the placement and the knowledge she can feel secure in the child's future with the parents (or single parent) she selected. The birth mother may feel that future contact with the adoptive parents, or the child, would be emotionally difficult for her.
Unfortunately, there are situations where an open adoption is either not an option or is not the best choice for the child. Some birth parents do not want an open adoption because they are afraid that the ongoing contact will be a constant reminder of the painful decision they made at a difficult time in their life. They may believe that a closed adoption will better allow them to emotionally heal. Other birth parents have not shared the fact of their pregnancy with their family or community and they may fear that an open adoption will undermine their desire for confidentiality. Finally, there are times when open adoption is not in the child’s best interest due to the birth parents’ circumstances.
Choosing an open or a closed adoption is just one question among many that you'll face in the adoption process. There are also important legal questions that will arise as you take on the custody and care of an adopted child. A skilled family law attorney experienced in adoption cases will be able to set your mind at ease and ensure a smooth process.
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.