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.
Many adopting parents in non-private adoptions would apply to a local, state licensed adoption agency. The agency may be a member of the national Child Welfare League of America (CWLA).[2] The CWLA and many adoption agencies are still in operation today, but with an expanded and somewhat different agenda compared to past decades, as the government has largely taken over some of their previous responsibilities.
Grotevant, however, sounded a note of caution to those who portray it as a panacea. The children of open adoption do not have higher self-esteem than those in closed adoptions, he observed. For children in each group, self-esteem is about the same, his research found. He stressed that more research is needed to assess the impact of open adoption on adolescents. (The research he did with McRoy studies children up to age 12.)
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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.
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.

For those who do not want a completely open adoption, there is the option of semi-open adoption. Semi-open adoption is a great option to create an adoption relationship that meets the needs of a particular situation. Every adoption relationship is different, and semi-open adoptions can take many forms; a typical semi-open adoption involves communication without exchanging identifying information, along with sending pictures and letters on occasion.
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Closed adoption was once the most common type of adoption, but now after decades of research, nearly all adoption professionals agree that closed adoption is the least beneficial of all the types of adoption relationships. Only in necessary situations will a closed adoption be recommended for a birth mother, and adoptive families should always be open to at least a semi-open adoption.
The nature of adoption has changed greatly over the years, and open adoptions are one of the many ways that birth parents can take charge of their adoption plans. Instead of having to wonder whether or not they chose the right family or how their child is doing, they will always know. In an open adoption, birth parents have the opportunity to get to know the family they have chosen for their child, which puts many people at ease and makes the difficult decision of adoption much easier.
Negotiate with your biological parents and/or their representatives through a confidential intermediary. This is only an option if your parents are still alive (if they are dead, it is usually easier to unseal adoption records). Use the intermediary to explain your reasoning for wanting the records unsealed. If you can reach a mutual agreement, the records can be unsealed.
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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.
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In 2013, the film Philomena based on the book The Lost Child of Philomena Lee, opened in cinemas worldwide. It tells the true story of Philomena's 50-year-long search for her forcefully adopted Irish infant son, who was sent to the United States. She is eventually assisted by BBC journalist Martin Sixsmith, which takes up the majority of the film. Starring Judi Dench as Philomena and Steve Coogan as Sixsmith, it was nominated for four American and four British Academy Awards.
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.
Choosing between an open and closed adoption depends entirely on the adoptive family's preferences. It's strongly advised that couples that do not entirely support an open adoption should not engage in one. However, it's more rare to find an agency or attorney that is completely comfortable with a closed adoption and will not suggest a semi-open adoption to a birth mother.
This idea can be scary at first. Most women considering adoption are totally unfamiliar with how open adoption works. But, after understanding the idea better, it’s something that many prospective birth mothers are eager to choose. In fact, more than 90 percent of adoptions today involve some level of openness — and it is entirely up to you to decide what that looks like for you and your child.

Conversely, if they want a confidential adoption, they should not feel unduly pressured into agreeing to an open adoption. Adopters who agree to an open adoption against their wishes may later find it difficult to fulfill their side of the agreement (for example, sending the birthmother letters and photos). This is terribly unfair to both the birthmother and the child. Agreeing to an open adoption when they don't want one is also unfair to the adopters themselves.
Adoptive parents may be less likely to consider the possibility that they are doing something wrong, and blame the child's heredity. The parents may even unfavorably compare their adopted child with a near-perfect, genetically-related "fantasy" child. This enables them to blame ordinary problems which all parents face on their child's supposedly "defective" genes. Thus, while non-adoptive parents are focused on nurture, some adoptive parents are solely focused on nature (i.e. heredity) instead. This results in what could have been an easily resolved problem, going unresolved in families with adopted children, possibly accompanied by child abuse.[5]

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.
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.
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