Open adoption is a form of adoption in which the biological and adoptive families have access to varying degrees of each other's personal information and have an option of contact. While open adoption is a relatively new phenomenon in the west, it has been a traditional practice in many Asian societies, especially in South Asia, for many centuries. In Hindu society, for example, it is relatively common for a childless couple to adopt the second or later son of the husband's brother when the childless couple has limited hope of producing their own child.
If anything, openness appears to help kids understand adoption; relieve the fears of adoptive parents; and help birth mothers resolve their grief, according to researchers Harold D. Grotevant and Ruth G. McRoy. “Many of the fears about open adoption do not seem to be a problem,” said Grotevant, a professor at the University of Minnesota and co-author with McRoy of Openness in Adoption: Exploring Family Connections.
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.
The probate laws of most states in the U.S. prohibit an adoptee from automatically inheriting from his or her birth parents. This applies regardless of whether or not the birth father participated in or agreed to the adoption. Had the adoption not have taken place, any son or daughter would be an heir upon his or her father's death—regardless of who his childhood caretakers were. There can be additional complications if the birth father has subsequently moved to another state. Should a birth parent include an "unknown" adoptee in his or her will, the probate court has no obligation to fulfill this type of request, while "known" adoptees may have the same status as non-family members. However, there is some variation in probate laws from one state to another.
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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