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.
Closed adoption is experienced differently in every case. Communication is the most vital factor in the adoption process. As communication about wishes, desires, and expectations increases, the more comfortable everyone involved will be in the adoption process. In a closed adoption, this communication normally occurs through an adoption agency or adoption attorney.
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.
American Adoptions, a private adoption agency founded on the belief that lives of children can be bettered through adoption, provides safe adoption services to children, birth parents and adoptive families by educating, supporting and coordinating necessary services for adoptions throughout the United States. For more information on American Adoptions, please call 1-800-ADOPTION (236-7846)
Open adoption is the exact opposite of a closed adoption. In this situation, there is some kind of fellowship between the birth and adoptive parents and the adopted child. Generally, there is an exchange of identifying information (e.g. first and last names, home address, phone number, etc.) and contact is retained between the two parties. There are several examples of an open adoption, including:
Closed adoption has been increasingly criticized in recent years as being unfair to both the adoptee and his or her birth parents. Some people believe that making the identities of a child's parents quite literally a state secret is a gross violation of human rights. On the other hand, the birth mother may have desired the secrecy because of the circumstances of the child's conception.
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.
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). 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.
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The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.
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The short answer is, yes. It was once believed that openness in adoption would undermine adoptive parents’ ability to feel entitled to parent their children, that children would be confused about the roles and rights of their adoptive parents in light of contact with their birth parents, that adoptive parents would lose all sense of control or that birth parents would not be able to successfully resolve their grief and loss in reference to their decision to place their child for adoption. What thirty-plus years of open adoption has taught us is that children are not confused about the roles of the people in their lives who love them. Adoption specialists now believe that openness can be a great gift — not just for the children — but for all who are involved in the story of adoption.
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.
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.
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.
Our therapy will provide individuals and families with clarity, openness and honesty through the profound life experiences and choices they are facing. Do you have unresolved issues and emotions regarding your origins? Your child’s origins? Your role in helping others build their family? We’ll meet you wherever you are on your journey. We can help.
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.
Adoption has changed a great deal over time. Today, birth mothers and birth fathers often choose to be actively involved in all facets of the process of adoption planning. Many times they opt to choose their child’s adoptive parents, and they are requesting consistent communication and interaction with the children they place for adoption throughout the life cycle of the adoption. Does this benefit the children?