There are sometimes problems concerning birth mothers and adoption agencies who neglect to make sure the proper paperwork is done on the birth father's part. It is crucial to remember that no child can be relinquished legally without the birth father's consent, except in Utah. He must be given the chance to claim custody of the child. For this purpose, many states have established a Putative father registry, although some adoption activists see these as a hindrance rather than a help.
Like any relationship, open adoption relationships evolve over time. Post-adoption contact may increase or decrease, or the nature of the contact may change along with people’s changing lives. However, even in the most open adoption relationship, the birth parent is not a co-parent but rather another very important person in the child’s life. The child’s adoptive parent(s) are his or her legal parent(s) and they have all rights and responsibility for the child. Most importantly, when birth parents and adoptive parents set out to forge their relationship, the child’s needs must always be paramount.
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.
Adoptive parents may be less likely to consider the possibility that they are doing something wrong, and blame the child's heredity. The parents may even unfavorably compare their adopted child with a near-perfect, genetically-related "fantasy" child. This enables them to blame ordinary problems which all parents face on their child's supposedly "defective" genes. Thus, while non-adoptive parents are focused on nurture, some adoptive parents are solely focused on nature (i.e. heredity) instead. This results in what could have been an easily resolved problem, going unresolved in families with adopted children, possibly accompanied by child abuse.
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.
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.
For both birth parents and adoptive parents, the open adoption process can remove the mystery from the adoption process, and can permit a greater degree of control in the decision-making process. The open adoption process also allows adoptive parents to better answer their children's questions about who their birthparents were, and why they were adopted. Open adoptions can also help the child come to terms with being adopted, because the child's concerns can be addressed directly by everyone who was involved in the adoption process.
“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.”
“Although I’m very open, [his birth mother] drops into and out of our lives as she needs to,” Miller said. After one long absence, when her son was nine years old, she paid for his birth mother to fly from Colorado to California and stay with them for ten days. Miller doesn’t give up, she said, “because I think we need to honor the pieces that we didn’t provide in the makeup of the child.”
For many years in New York State, adoptees had to obtain the permission of their adoptive parents (unless deceased) to be included in a state-sponsored reunion registry regardless of the age of the adoptee. In some cases, older adults or even senior citizens felt like they were being treated like children, and required to obtain their parents' signature on the form. In a broader sense, they felt it could be inferred that adopted children are always children, and thus second-class citizens subject to discrimination. The law has since been changed.
While a closed adoption does eliminate any risk of a rocky relationship, it also eliminates the possibility of a fulfilling, positive relationship. Moreover, birth mothers cannot reclaim their children under any circumstance, and adopted children are often less confused about their adoption when they know their birth mothers, who can answer their questions.
Although practices vary state by state, most adoptions start with the birth mother reviewing dozens of adoption profile books  or online profiles of prospective adoptive parents. Usually, these are adoptive families who have retained that agency or attorney to assist them in the adoption process. Most US states permit full openness not just regarding identities, but also personal information about each other. Just as the adoptive parents want to learn about the birth mother's life and health history, so does the birth mother want the same information about the people she is considering as the parents for her child.
The social stigma of unmarried mothers, particularly during the Baby Scoop Era (1945-1975) rendered them social outcasts. By the 1980s the situation improved greatly and the vast majority of unwed mothers kept their babies. In a mother driven society after WWII infertile couples were also seen as deviant due to their inability to bear children. The social experiment of taking the children from "unmarried mothers" and "giving them" to adoptive parents became the norm during the BSE. These adoptions were predominantly closed. The records were sealed, biological mothers were told to keep their child a secret, and adoptive parents told to treat the child "as if born to".
Adoptive parents should remember that an open adoption is not just a relationship, but a promise that families make to birth parents. Parents should always do their best to honor their contact agreement as time passes. For many, this is not an issue; in fact, may adoptive families develop strong relationships with the birth parents of their children and even come to view them as extended family members.
We’re honored to offer our services to women and couples throughout the United States. If you live in Oregon or Washington and would like to meet in person we have offices in Portland and Eugene, Oregon and Seattle, Washington or we’ll come to you. We can also meet via Skype. (OA&FS can place children in adoption up to the age of three and one-half.)
“It removes the mystery, but it doesn’t remove the grief,” said Claude Riedel, a psychologist and family therapist who co-directs the Adoptive Family Counseling Center in Minnesota. “The reality is that, at certain stages, it’s normal to have questions: why did you choose not to parent me, not to keep me? And there may be complexities: have you kept your other children, but not me?”
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Open adoption means there is an ongoing direct relationship between the child and the birth family. Friends in Adoption (FIA) adheres to Hospitious Adoption. Jim Gritter, the author of Hospitious Adoption takes the approach that practicing goodwill, respect, and courage within the realm of open adoption makes the process move smoother and enriches children’s lives. Each adoption is unique, and degrees of openness vary from adoption to adoption depending on the comfort level of those involved. All FIA families are open to open adoption.
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.
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.
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.
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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.
A 1996 study reported in Child Development found that all the children studied “reported positive levels of self-esteem, curiosity about their birthparents, and satisfaction with the openness situation” regardless of whether their adoptions were closed, semi-open, or open. What this seems to mean is that the child's sense of security in his adoptive family is more important than contact with the birth family.
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.
Closed adoption has been increasingly criticized in recent years as being unfair to both the adoptee and his or her birth parents. Some people believe that making the identities of a child's parents quite literally a state secret is a gross violation of human rights. On the other hand, the birth mother may have desired the secrecy because of the circumstances of the child's conception.
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.