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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.
When adoptions are closed, the files are usually physically sealed. Nevertheless, most states have created procedures through which family members seeking to "open" a closed adoption may be able to access information about the other parties. However, the process and degree of access to information varies widely from state to state, with some states requiring a court order to reveal information that can be used to identify a party to an adoption.
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.
At present, most adoption agencies let the birth mother decide on most of the terms of the adoption, including how much interaction she wants to maintain with the child and adoptive parents. The agency then looks for the suitable adoptive family that will adhere to the birth mother’s wishes. Even so, there are still some birth parents who prefer closed adoptions and deny contact or exchange of identifying information.
“A lot of birth parents went into it thinking it was a privilege to them,” said Brenda Romanchik, executive director of Insight: Open Adoption Resources and Support, an adoption education and support organization in Royal Oak, Michigan. “So when things got tough, they thought, this isn’t working for me, so I’m going to leave. They didn’t take the child into account.”
In all adoption searches, it is uncommon to find both the birth mother and father at the same time. A separate search, if desired, can be done afterwards for the father. Since males seldom change their surnames, and the mother might have additional information, it is usually easier than the initial search for the birth mother. In many cases, adoptees are able to do this second search for their birth father by themselves (or they try before paying for assistance).