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.
Before the 1980s, most adoptions were kept closed. This is because women who go through unexpected pregnancy simply relocate while pregnant, give birth and then return to their homes. The doctor or an agency then looks for an adoptive family for the child without the mother knowing. This kind of setup can bring about a lot of complications and confusion within the adoptive family, particularly on the adopted child.
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.
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.
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Closed adoptions are rare in the United States, but remain common in international adoptions and were the norm in adoptions in the past, when families usually used an agency to adopt a newborn. The prospective adoptive family would put their name on a list, and wait for the social worker to make a match. The adoptive parents didn't know where the child came from, or who his or her birthparents were. The child might not have even known that he or she came into the family through adoption.