Adoption Information Center
Adoption Information Center
Open vs. Closed Adoption
In a closed adoption, the adoptive parents and birth parents have no contact before or after the child was adopted. The term "open adoption" is poorly defined, but it generally means that there is some level of contact between birth parents and adoptive parents, after an adoption is completed. Post adoption contact and communication agreements may be included in the Final Order of Adoption. It is important to work with an adoption attorney who understands how such an agreement may be negotiated, drafted and enforced.
Closed Adoptions
In the past, most families used an agency to adopt a newborn. The prospective adoptive family would put their name on a list and wait for the social worker to make a match. The adoptive parents didn't know where the child came from or who his or her birth parents were. The child might not have even known that he or she came into the family through adoption. When adoptions are closed, the files are usually sealed. Even if the adoptive parents and birth parents know of each other at the time of the adoption, they do not stay in touch after the adoption takes place.
Open Adoptions
Open adoptions, in which the adoptive parents actually meet and usually stay in touch with the birth parents, are becoming more common. Most agencies now encourage some degree of openness. The birth parents have a voice in choosing their child's adoptive parents. Commonly, the agency gives the birth parents biographies of prospective adoptive parents, and the birth parents pick the family they are most comfortable with. The birth parents and adoptive parents meet. They might be in touch frequently during the pregnancy. Many times the adoptive parents are able to witness their child's birth. Some families stay in touch through their adoption agency, especially on birthdays and holidays. Others become and remain friends.
Adoptive and birth parents may have difficulty legally enforcing open adoption agreements. Since the purpose of an adoption is to terminate the parental rights of the birth parents and sever their ties with the child, most states do not have laws addressing open adoptions. Thus, if birth parents want to enforce their rights under the agreement to visit the child, they may be left with no legal remedy.
Conclusion
The terms "open adoption" and "closed adoption" refer to the degree of contact between the adopted child's birth family and adoptive family. There are advantages and disadvantages to each type. Contact Law Offices of Scott David Stewart in Phoenix, Arizona to learn more about closed and open adoptions.
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