Another way older children can be placed for adoption is where the birth parents' rights were terminated by a court due to improper parenting or abuse. Although the child may still foster idealized feelings for that failing parent it is not uncommon in these adoptions for there to be no contact between the child and adoptive parent, and the birth parent.
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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.
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.)

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.
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.

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.[22]
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.
Open adoptions have helped birth parents heal post-placement by removing any lingering fears they might have about their child’s happiness after the adoption. Through open adoptions, birth and adoptive families remain connected and a valued part of each other’s lives. Many birth and adoptive parents even come to think of each other sort of like extended family!
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.
Some states have confidential intermediary systems. This often requires a person to petition the court to view the sealed adoption records, then the intermediary conducts a search similar to that of a private investigator. This can be either a search for the birth mother at the request of the adoptee, or vice versa. Quite often, in the many years which have passed since the adoptee was born, a birth mother or female adoptee has both moved to another address, and married or remarried resulting in a change of her surname. While this can make the search difficult and time consuming, a marriage certificate may provide the needed clue as to the person's whereabouts. If and when the intermediary is able to contact the birth mother (or adoptee), she is informed that her adopted child (or birth mother) is inquiring about her. In the few states that have open adoption records, should this party indicate that he or she does not want to be contacted, by law, the information would not be given out. Upon completion of the search in which the birth mother agrees to be contacted, the intermediary usually sends the adoptee the official unamended birth certificate obtained from the court. The adoptive parents' application to an adoption agency remains confidential, however.
In nearly all US states adoption records are sealed and withheld from public inspection after the adoption is finalized. Most states have instituted procedures by which parties to an adoption may obtain non-identifying and identifying information from an adoption record while still protecting the interests of all parties. Non-identifying information includes the date and place of the adoptee's birth; age, race, ethnicity, religion, medical history, physical description, education, occupation of the biological parents; reason for placing the child for adoption; and the existence of biological siblings.
Open adoptions have helped birth parents heal post-placement by removing any lingering fears they might have about their child’s happiness after the adoption. Through open adoptions, birth and adoptive families remain connected and a valued part of each other’s lives. Many birth and adoptive parents even come to think of each other sort of like extended family!

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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.
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