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.
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.
So when I have people come to me, terrified of what open adoption is, my first reaction is to just tell them to suck it up. It’s best for the child and it is an honor to invite these people into our lives–after all, they are putting their trust in us to raise their child! But, I have to remind myself, they haven’t traveled the adoption road as long as I have. They are new to this. They haven’t had the education and the time to learn. They are afraid and have all these external sources telling them that open adoption should be feared. So I just have to tell our story. A story of love, kindness, trust, heartache, and understanding. I explain to them why open adoption is thought to be the healthier way to raise their future child. I point them in the direction to resources to help them come to the decision on their own.
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.
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.
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.
All states allow an adoptive parents access to non-identifying information of an adoptee who is still a minor. Nearly all states allow the adoptee, upon reaching adulthood, access to non-identifying information about their relatives. Approximately 27 states allow biological parents access to non-identifying information. In addition many states give such access to adult siblings. Identifying information is any data that may lead to the positive identification of an adoptee, biological parents, or other relatives. Nearly all states permit the release of identifying information when the person whose information is sought has consented to the release. Many states ask biological parents to specify at the time of consent or surrender whether they are willing to have their identity disclosed to the adoptee when he or she is age 18 or 21.5. If consent is not on file, the information may not be released without a court order documenting good cause to release the information. A person seeking a court order must be able to demonstrate by clear and convincing evidence that there is a compelling reason for disclosure that outweighs maintaining the confidentiality of a party to an adoption. In Alabama, Alaska, Delaware, Kansas, New Hampshire, and Oregon, there is no requirement to document good cause in order to access their birth certificates. Some groups, such as Bastard Nation, One Voice, and Origins USA, campaign for adoptees' automatic access to birth certificates in other US states.
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Open adoption is now the most widely practiced form of adoption in the United States. In an open adoption, identifying information is shared, including names, phone numbers, and email addresses. Additionally, an open adoption includes varying degrees of openness after the adoption process is finalized. This typically includes the exchange of emails, letters, pictures, and phone calls. A fully open adoption also includes in-person visits. Fully open adoptions can also include extended family members, such as birthgrandparents and siblings.
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.
LifeLong Adoptions is an independent contractor and under the supervision of Lutheran Child and Family Services, License #012998. Marketing and advertising, identifying a child for adoption, matching adoptive parents with biological parents, and arranging for the placement of a child are services provided by LifeLong Adoptions under the supervision of Lutheran Child & Family Services , One Oakbrook Terrace Suite 501 Oakbrook Terrace, IL 60181. (708)771-7180