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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.
For those who do not want a completely open adoption, there is the option of semi-open adoption. Semi-open adoption is a great option to create an adoption relationship that meets the needs of a particular situation. Every adoption relationship is different, and semi-open adoptions can take many forms; a typical semi-open adoption involves communication without exchanging identifying information, along with sending pictures and letters on occasion.
Open adoption has slowly become more common since research in the 1970s suggested that open adoption was better for children. In 1975 the tide began to change, and by the early 1990s open adoptions were offered by a majority of American adoption agencies. Especially rapid progress was seen in the late 1980s and early 1990s - between 1987 and 1989 a study found only a third of agencies offered fully open adoption as an option; by 1993 76 percent of the surveyed agencies offered fully open adoptions. As of 2013, roughly half of US states consider them legally binding, however contact in open adoption is not always maintained.
The cost for a confidential intermediary and related court fees can be around $500, but varies by state and agency. For persons who cannot afford the fees, there is usually assistance available from the tax-payer supported state department or the non-profit agency, and anyone can request from them how-to request this help. Most agencies charge a fixed fee which includes everything, and only in the most extreme and unusual circumstances ask for additional funds. If the adoptee is unable to locate (or would prefer to use a third person) to find his or her birth father, often the same confidential intermediary can be used for an additional fee.
The pros and cons of open adoption have been endlessly debated by social workers and attorneys. It appears that those who support open adoptions are completely committed to them; those who believe in confidential adoptions seem equally convinced that open adoptions are catastrophic. Adopters need to deal with an adoption arranger that they feel comfortable with. The following table presents some classic differences between the two styles of adoption.
Parents may also wonder how to react when kids start voicing their preferences regarding birth parent contact. Letting a young child call the shots in an open adoption is probably a bad idea. (After all, small children don’t get to decide when to visit grandparents or other relatives.) But a child of 12 may be ready to make some decisions about whether or when to meet with birth parents. “The older a child gets, the larger the role they should have,” Grotevant advised.
Females have statistically been somewhat more likely than males to search for their birth parents, and are far more likely to search for their adopted children. Very often, the reason the infant was put up for adoption in the first place was the birth father's unwillingness to marry or otherwise care for the child. Nevertheless, many birth fathers in this situation have agreed to meet with their grown children decades later.
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.
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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.
Most US states and Canadian provinces have independent non-profit organizations that help adoptees and their birth parents initiate a search, and offers other adoption-related support. There are also independent and state funded reunion registries that facilitate reuniting family members. The International Soundex Reunion Registry (ISRR) is the oldest and largest. The Salvation Army also provides information in helping those who were born or gave birth in its maternity hospitals or homes (see the external links below). This is a change from previous decades, when nothing was ever released without a rarely given or sought court order.
Usually, semi-open refers to an adoption in which the adopters and birthparents meet once or twice and on a first-name-only basis. In addition, they may agree to exchange pictures and letters on an annual or fairly infrequent basis through the adoption arranger. (If your adoption arranger advocates a semi-open adoption, be sure to ask for an exact definition of her terms.)
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)
But closed adoptions meant that birth parents were left wondering if the child they placed for adoption had grown up healthy and happy with a loving family. Adoptees had no medical history to rely on, nor any answers about the circumstances leading to their adoption. The lack of information made it difficult for birth parents and adoptive families to contact one another if they wanted to meet later on in life.
DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys. Nor does AAAA’s website content constitute legal advice from AAAA or its member-attorneys to the reader or the public. The law constantly changes and varies state-to-state. Before relying on any general legal information contained herein, please consult legal counsel in your state of residence as to your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.
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.
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).
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Whether you are seeking to adopt or considering placing your child for adoption, it is a good idea to decide whether open adoption is the right choice for you and your child. Today, it is increasingly common for birth parents and adoptive parents to communicate directly with one another before, during, and after the adoption process is complete. That contact can take place in many different ways including through the exchange of emails, letters, phone calls, Skype calls, and in-person visits.
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Closed adoption refers to an adoption process where there is no interaction of any kind between birth mothers and prospective adoptive families. This means that there is no identifying information provided either to the birth families or adoptive families. However, non-identifying information such as physical characteristics and medical history may be made available to those involved.
“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.”
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.
Birth and adoptive families are counseled about the importance of honoring one’s word in open adoption agreements through American Adoptions. If, for some reason, contact is lost and one party is unable to reach the other, we’ll hold any correspondence intended for them for up to 18 years in case they notify us and request to receive that communication and want to get back in touch.