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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]
Parents may also wonder how to react when kids start voicing their preferences regarding birth parent contact. Letting a young child call the shots in an open adoption is probably a bad idea. (After all, small children don’t get to decide when to visit grandparents or other relatives.) But a child of 12 may be ready to make some decisions about whether or when to meet with birth parents. “The older a child gets, the larger the role they should have,” Grotevant advised.
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.
Secondly, not having any contact with the birth mother actually can raise the uncertainty level in the adoptive family. For example, families who get to know the birth parents, even on a limited basis, will know why they chose adoption, what’s going on in their lives, and why they chose them to raise her child. Families without this contact may have these questions in their minds that they can never fully answer.
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The empty mailbox is just one example of the challenges that families in open adoptions may face. In recent years, we have embraced the concept of open adoption with gusto — yet the journey, for some, has proved to be unexpectedly bumpy. Lack of support, a sudden change in the life of either the adoptive or biological family, logistical pressures — all can complicate matters. Add to that the emotionally charged issues at stake-parenthood, power, identity — and open adoption can make for some combustible family dynamics.

On June 1, 2009, Ontario, Canada, opened its sealed records to adoptees and their birth parents, with a minimum age of 18 for the adoptee, or one additional year if the birth parents initiate the request. Both parties can protect their privacy by giving notice of how to be either contacted or not, and if the latter, with identifying information being released or not. All adoptions subsequent to September 1, 2008, will be "open adoptions"[4]


For children in open adoptions, the toughest challenge may come when a birth parent who’s been visiting or calling suddenly vanishes or drifts away. The trigger can be a move to a new job, a marriage, or a personal problem, such as drugs or alcohol. In some cases, a birth mother may not feel worthy of contact, or she may get the message from the adoptive parents that she’s not welcome.
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Closed adoption refers to an adoption process where there is no interaction between birthmothers and prospective adoptive families. In closed adoptions, there is no identifying information provided either to birth families or adoptive families. Non-identifying information such as physical characteristics and medical history may be made available to all involved parties. There are a number of disadvantages that need to be considered regarding closed adoptions.
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.[15] 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.[18]

Secondly, not having any contact with the birth mother actually can raise the uncertainty level in the adoptive family. For example, families who get to know the birth parents, even on a limited basis, will know why they chose adoption, what’s going on in their lives, and why they chose them to raise her child. Families without this contact may have these questions in their minds that they can never fully answer.


Even if you are not sure whether an open adoption is right for you, most birth and adoptive parents find that speaking and meeting with one another before making a commitment, helps them to decide whether to move forward with an adoption plan. Meeting in person allows the birth and adoptive parents to get to know one another and often provides the birth parent(s) with the confidence of knowing that they have selected the best family for their child. Many birth parents who have ongoing contact with the adoptive family find that receiving information about the child, and knowing that the child is thriving, helps to ease their feelings of loss. Children who are in direct communication with their birth family may come to understand that their birth parent didn’t abandon them but made the decision to place them for adoption out of love for them. Many adopted children also benefit from having a direct connection with another person with whom they have a shared biology. The benefit for adopted persons to obtain updated medical information from genetically related family members is also undeniable. While some adoptive parents fear that an open adoption will confuse their child, ongoing research has not born out that concern.
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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.
Taylor is an OA&FS birthmom who placed her son, August, in 2011. She shared her heartfelt open adoption story of friendship, love and connection for publication in the Rational Enquirer . The Rational Enquirer is a youth sexual health magazine that covers a wide variety of topics meant to inform and connect people in conversation. It’s created by a collaboration of the Oregon Teen Pregnancy Task Force and the Youth Sexual Health Program. We appreciate the partnerships OA&FS has with these organizations.
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.
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.
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]
There are also private search companies and investigators who charge fees to do a search for or assist adoptees and birth mothers and fathers locate each other, as well as to help other types of people searching. These services typically cost much more, but like search organizations and search angels, have far greater flexibility in regards to releasing information, and typically provide their own intermediary services. However, they may not circumvent the law regarding the confidentiality process.
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