Fortunately, prospective birth mothers today have the power to choose the type of relationship they want to have with the adoptive family and their child during and after the adoption process. Some prospective birth mothers still feel that closed adoption in Texas is the best option for them, and this is entirely their choice to make. However, more and more women today are choosing open adoptions in Texas and across the U.S.
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Occasionally birth parents experiencing shame or sadness just have to retreat for a while. In rare cases, when safety is an issue, adoptive families may have to cut off contact. A child whose biological parent disappears experiences a double whammy. He wonders why he was placed to begin with, then feels rejected again because a birth mother no longer visits.
In virtually all cases, the decision is up to the adoptive parents regarding how to inform the child that he or she has been adopted, and at what age to do so, if at all. Although a non-profit adoption agency (if one is used) might mail newsletters and solicit funds from the parents, traditionally, it has been extremely rare for them to communicate directly with the child (usually, adoption agencies do not contain the word "adoption" in their name).
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.
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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It’s important to keep in mind that, while adoption relationships can change, it is more complicated to increase contact than to decrease it. If a birth mother starts with an open relationship and then decides later that she needs distance, she can do this at any time. However, if an adoption is closed and a birth mother wants more contact, then she has to come to an agreement with the adoptive family. Therefore, it is especially important that a birth mother choosing closed adoption is sure that it is what she wants.
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.
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.
It's equally important adopters understand that in a closed adoption little to no information will be exchanged with the birth parents, including their choice to arrange an adoption with the couple. This can feel like a distant business deal for some adoptive couples who want to know the nuances and personality of the mother of the child they're being placed with. Other adoptive parents may feel the separation of adoptive and birth parent eliminates possible instability an openly known birth mother's lifestyle may bring into a family dynamic. Also, in an open adoption, if communication is lost between the birth mother and adoptee, the child may become confused and hurt.
“Although I’m very open, [his birth mother] drops into and out of our lives as she needs to,” Miller said. After one long absence, when her son was nine years old, she paid for his birth mother to fly from Colorado to California and stay with them for ten days. Miller doesn’t give up, she said, “because I think we need to honor the pieces that we didn’t provide in the makeup of the child.”
Many states, though, still keep this information sealed even after the adoptee and the birth parents agree to know and contact each other. A second court order would be required to have this information unsealed permanently. This is well beyond the scope of the initial search, and what is covered by the payment to the intermediary. Should an adoptee subsequently lose his or her unamended birth certificate, a court order may be required to obtain another one (even if a photocopy is submitted).
There are sometimes problems concerning birth mothers and adoption agencies who neglect to make sure the proper paperwork is done on the birth father's part. It is crucial to remember that no child can be relinquished legally without the birth father's consent, except in Utah. He must be given the chance to claim custody of the child. For this purpose, many states have established a Putative father registry, although some adoption activists see these as a hindrance rather than a help.
Like any relationship, open adoption relationships evolve over time. Post-adoption contact may increase or decrease, or the nature of the contact may change along with people’s changing lives. However, even in the most open adoption relationship, the birth parent is not a co-parent but rather another very important person in the child’s life. The child’s adoptive parent(s) are his or her legal parent(s) and they have all rights and responsibility for the child. Most importantly, when birth parents and adoptive parents set out to forge their relationship, the child’s needs must always be paramount.
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 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.
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).