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.
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.
Closed adoption refers to an adoption process where there is no interaction of any kind between birth mothers and prospective adoptive families. This means that there is no identifying information provided either to the birth families or adoptive families. However, non-identifying information such as physical characteristics and medical history may be made available to those involved.
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.
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.
Females have statistically been somewhat more likely than males to search for their birth parents, and are far more likely to search for their adopted children. Very often, the reason the infant was put up for adoption in the first place was the birth father's unwillingness to marry or otherwise care for the child. Nevertheless, many birth fathers in this situation have agreed to meet with their grown children decades later.
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.
In virtually all cases, the decision is up to the adoptive parents regarding how to inform the child that he or she has been adopted, and at what age to do so, if at all. Although a non-profit adoption agency (if one is used) might mail newsletters and solicit funds from the parents, traditionally, it has been extremely rare for them to communicate directly with the child (usually, adoption agencies do not contain the word "adoption" in their name).
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The pros and cons of open adoption have been endlessly debated by social workers and attorneys. It appears that those who support open adoptions are completely committed to them; those who believe in confidential adoptions seem equally convinced that open adoptions are catastrophic. Adopters need to deal with an adoption arranger that they feel comfortable with. The following table presents some classic differences between the two styles of adoption.
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.
Like other, more open adoptions, what a semi-open adoption looks like will vary based on the preferences of the birth parents involved. As prospective adoptive parents, you should prepare to be flexible on communication in a semi-open adoption, as birth parents’ comfort levels (and communication preferences) may change over time as you build a relationship with them.
To be sure, open adoption gets rave reviews from the many social workers and families who champion it. Since the mid-1970s, open adoptions have been widely accepted as more compassionate and enlightened than the secretive adoptions of a previous generation. Indeed, the confidentiality that once defined adoption is no longer the norm. While international adoptions remain mostly closed, as do many public agency adoptions, domestic adoptions increasingly involve contact between adoptive parents and birth parents.
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".