Like any relationship, open adoption relationships evolve over time. Post-adoption contact may increase or decrease, or the nature of the contact may change along with people’s changing lives. However, even in the most open adoption relationship, the birth parent is not a co-parent but rather another very important person in the child’s life. The child’s adoptive parent(s) are his or her legal parent(s) and they have all rights and responsibility for the child. Most importantly, when birth parents and adoptive parents set out to forge their relationship, the child’s needs must always be paramount.
Increasingly common nowadays is the "open" adoption process, in which the adoptive parents actually meet and usually stay in touch with the birthparents. Each adoption is a unique experience and the degree to which there is openness and interaction between adoptive parents and birth parents varies. It depends on how comfortable all of the parties are with the process and circumstances. However, most adoption agencies now encourage some degree of openness.
Conversely, if they want a confidential adoption, they should not feel unduly pressured into agreeing to an open adoption. Adopters who agree to an open adoption against their wishes may later find it difficult to fulfill their side of the agreement (for example, sending the birthmother letters and photos). This is terribly unfair to both the birthmother and the child. Agreeing to an open adoption when they don't want one is also unfair to the adopters themselves.
Have you met Karli? Her mom struggles with substance abuse, and she is in foster care. Karli is not a real child…she’s a six-year-old Muppet with yellow pigtails made of ostrich feathers. The creators of Sesame Street introduced her on the show last month. They did it because more than 400,000 children are in foster care in this country, and it is estimated that nearly 80% of those cases involve substance abuse.
Over the past few decades, we’ve found that the majority of prospective birth mothers are looking for an adoptive family they can have a personal relationship with before, during and after the adoption process is complete. Therefore, we require our prospective adoptive families to be open to the kind of communication most of these birth mothers are looking for, including:
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.