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.
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Sue Heinzman’s enthusiasm for openness was echoed by virtually every family interviewed for this story. Even Kim Felder, whose empty mailbox made her son so sad, would not have it any other way. Robbie is one of four children adopted by the Felders since 1987, all of them involved some form of openness. And Kim knows the pain of closed adoption firsthand: she placed her son, Jim, for adoption 24 years ago, reuniting with him when he was 18.
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.
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.
All states allow an adoptive parents access to non-identifying information of an adoptee who is still a minor. Nearly all states allow the adoptee, upon reaching adulthood, access to non-identifying information about their relatives. Approximately 27 states allow biological parents access to non-identifying information. In addition many states give such access to adult siblings. Identifying information is any data that may lead to the positive identification of an adoptee, biological parents, or other relatives. Nearly all states permit the release of identifying information when the person whose information is sought has consented to the release. Many states ask biological parents to specify at the time of consent or surrender whether they are willing to have their identity disclosed to the adoptee when he or she is age 18 or 21.5. If consent is not on file, the information may not be released without a court order documenting good cause to release the information. A person seeking a court order must be able to demonstrate by clear and convincing evidence that there is a compelling reason for disclosure that outweighs maintaining the confidentiality of a party to an adoption. In Alabama, Alaska, Delaware, Kansas, New Hampshire, and Oregon, there is no requirement to document good cause in order to access their birth certificates. Some groups, such as Bastard Nation, One Voice, and Origins USA, campaign for adoptees' automatic access to birth certificates in other US states.
Closed adoption may be beneficial in allowing a child to live a life without fear that he or she will be found by anyone who has caused harm in the past. Especially in cases where a child has been placed with a family through the foster care system, it may be necessary and provide the benefit of safety and security for the child. If the child was placed because of abuse, a closed adoption would allow for the adoptive family to feel safe and for their child to not worry about his or her well-being.
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.
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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.