Unfortunately, there are situations where an open adoption is either not an option or is not the best choice for the child. Some birth parents do not want an open adoption because they are afraid that the ongoing contact will be a constant reminder of the painful decision they made at a difficult time in their life. They may believe that a closed adoption will better allow them to emotionally heal. Other birth parents have not shared the fact of their pregnancy with their family or community and they may fear that an open adoption will undermine their desire for confidentiality. Finally, there are times when open adoption is not in the child’s best interest due to the birth parents’ circumstances.
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 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.
No, American Adoptions has established relationships with some of the best adoption attorneys in the nation. Because adoption laws vary from state to state and between counties, it is important to utilize the services of an adoption attorney who specializes in the state where the adoption will finalize, which is unknown until you match with an expectant mother. You have the right to retain your own attorney, but doing so may be an additional, unnecessary expense.
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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.
Many open adoption relationships have a warmth that comes from having shared a common struggle – allowing yourself to be vulnerable to another human being, responding to that person’s vulnerability, and being committed to a common goal that centers around the best interest of the child. Like all relationships, open adoption will inevitably have peaks and valleys; yet, as people overcome each hurdle, there are opportunities to learn what to expect from each other and ultimately gain confidence in a collective ability to make the relationships work. When it is safe to create meaningful connections for a child, openness in any adoption — however limited — can be a great gift.
Choosing an open or a closed adoption is just one question among many that you'll face in the adoption process. There are also important legal questions that will arise as you take on the custody and care of an adopted child. A skilled family law attorney experienced in adoption cases will be able to set your mind at ease and ensure a smooth process.
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.
On June 1, 2009, Ontario, Canada, opened its sealed records to adoptees and their birth parents, with a minimum age of 18 for the adoptee, or one additional year if the birth parents initiate the request. Both parties can protect their privacy by giving notice of how to be either contacted or not, and if the latter, with identifying information being released or not. All adoptions subsequent to September 1, 2008, will be "open adoptions"
Meet with the judge at your scheduled date and explain your reason for wanting the adoption records unsealed. Generally, you will have a better chance if your reasoning isn't based solely on personal desire or interest. Medical issues are the most common reason sealed adoption records are unsealed. However, you can consult an adoption lawyer to build the best argument no matter what your reasoning. The judge will either grant your petition and unseal the records or deny your petition. If this happens, you can request a confidential intermediary.