Open vs. Closed Adoptions
By Danielle Gilmore, J.D. | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed November 13, 2024
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The key difference between open and closed adoption is the “level of openness” or the amount of contact shared between the adoptive and the birth family.
For open adoption, the birth and adoptive families maintain ongoing contact and continue to share personal information about the adopted child. Conversely, closed adoption eliminates direct communication between the adoptive and biological parents. It maintains privacy and establishes a clear separation between the two families.
Each type of adoption relationship offers varying pros and cons. For instance, in closed adoptions, the confidential nature of the adoption process offers emotional closure for both the birth and adoptive families. Open adoption is a trend strongly favored nowadays, addressing the struggles that adopted children experience, particularly related to issues on the psychological impacts of adoption.
Varying Levels of Openness in Adoptions
The difference between open and closed adoptions is the type of adoption relationship between the birth and adoptive families. Open adoptions and closed adoptions are at either end of the spectrum. However, mediated or "semi-open" adoptions are also an option.
The type of adoption you choose will depend on:
Your state's adoption laws
Your needs and the needs of your family
Birth parent preferences
The best interest of the adoptee
Other factors affecting your adoption situation
To decide whether an open or closed adoption or another form of adoption is best for you, you'll want to understand the levels of openness in the adoption process. These are common adoption types:
Confidential (Closed) Adoptions
Mediated (Semi-Open) Adoptions
Fully Open Adoptions
Confidential (Closed) Adoption
In a closed adoption, there is no contact between the birth parents and adoptive families. A third party (an adoption counselor, social worker, or attorney) provides non-identifying information only. This includes:
Demographic information, like race and ethnicity
Physical descriptions, like height and hair color
Medical information and medical history
But, the adoptee does not have access to family history and personal background information.
Mediated (Semi-Open) Adoption
The amount of contact is greater than in confidential adoption but less than in fully open adoption. The social worker or counselor acts as a go-between between the birth parents and the adoptive parents and the child by exchanging information back and forth. The parties do not exchange contact information.
Fully Open Adoption
This adoption type includes direct interaction between birth and adoptive families. They can exchange in-person visits, phone calls, texts, letters, and social media information. There is a straightforward connection between the biological family and the adoptive family.
Many times, the adoptive parents can be in touch during the birth mother’s pregnancy and even witness the child's birth. Some families stay in touch through their adoption agency, especially on birthdays, holidays, and high points during the child's life.
The Basics of Closed Adoptions
Closed adoptions remain common in international adoption processes (also called intercountry adoptions). International adoptions often have more restrictions than domestic adoptions.
A closed adoption is also common when families use an agency to adopt a newborn. In these situations, the biological parents give up their parental rights. The prospective adoptive family places their name on a list, and that family waits for the social worker to make a match. The adoptive parents must complete a home study prior to the placement of the baby up for adoption.
Typically, the adoptive parents remain unaware of where the child comes from or who the child’s birth parents are. The child may not even ever know they came into the family through adoption. A new birth certificate is issued upon finalizing the adoption.
Sometimes the adoptive parents and biological family know of each other at the time of the adoption. But, they do not stay in touch after the adoption takes place. The child often will not know who their birth parents are, especially before turning 18.
Adult adoptees may have access to adoption records, which can include non-identifying information about their biological parents.
After closing an adoption, the files are usually physically sealed. Still, most states have procedures through which family members seeking to "open" a closed adoption may be able to access information about the other parties.
But, such processes vary by state. For example, some states require a court order to reveal information that may identify a party to an adoption.
The Basics of Open Adoptions
In an open adoption, all parties remain in one another's lives for post-adoption contact. But, the extent of the adoption relationship varies. Parents may sign a post-placement adoption agreement to clarify details of contact and communication.
Each open adoption is unique. The degree of openness and interaction between adoptive parents and birth parents varies. It depends on how comfortable all parties are with the process and circumstances. But, most adoption agencies now encourage some degree of openness because of the benefits of open adoption.
In cases of private adoptions or adoptions where parents use agencies, the birth mother and birth father typically have a voice in choosing their child's adoptive parents. Commonly, the agency gives birthparents biographies of prospective adoptive parents. The birthparents pick the family with which they are most comfortable.
In some private adoptions, the birth parents suggest an adoptive placement, such as a relative or close friend of the family. The birth parents may already be intimately familiar with the prospective parents.
Open Adoption, Closed Adoption, and Mediated Adoption: Pros of Each
The chart below lists the advantages of open, closed, and mediated adoptions. The left-hand column of the chart breaks down these advantages by birth parent, adoptive parents, and adopted persons.
Disadvantages for both open and closed adoptions are discussed below the chart.
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Mediated (Semi-Open) Adoption Advantages |
Open Adoption Advantages |
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Birth Parents |
|
|
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Adoptive Parents |
|
|
|
Adopted Persons |
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Only applicable if the relationship is "shared" with the adopted child:
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The Cons of Closed Adoption
Rarity: One of the biggest disadvantages is that closed adoptions are rare. This limits the number of people to choose from. If you're the biological parents, it's more difficult to find suitable parents who want to adopt under these circumstances. If you're an expectant mother, you may not have a choice in picking your child's adoptive family.
Uncertainty: As a birth mom, you will probably worry about your child. You don't get any information about how your child is doing. Your curiosity is not satisfied through this arrangement.
There is also a lot of uncertainty for the adopted child. They will likely wonder where they came from because they don't know their family history. They may experience problems with their self-esteem. This can lead to lots of questions with no resolution until they are older. Even then, they may not get the answers that they seek.
The Cons of Open Adoption
Open adoptions do not have many negatives, especially for children. Fully open adoptions serve as a more complete part of the adoption story. This is probably why adoption professionals encourage open adoption. But, there some disadvantages to open adoptions:
Adoptee adjustment and well-being: They may feel torn between the parent groups or confused by the arrangement. The presence of their birth family might make it more difficult to relate to their adoptive family.
Resentment and boundary issues: Adoptive parents might feel pressure to provide updates to the birth parents. It might feel burdensome to them. They could also experience feelings of resentment toward the birth parents. This can be particularly true when a child has been exposed to child abuse or neglect and is adopted out of foster care.
Foster parents often adopt a child placed with them. Human services or social services often provide follow-up services to adoptive families in these situations. Adoption services providers can continue to serve as a resource for the adoptive family even after finalizing the adoption.
Managing birth parent expectations: Biological parents might feel let down by the interactions and feel that they are not enough. They may also feel pressure to go through with the adoption because the prospective parents have committed time and money.
Open or Closed Adoption Situation? An Attorney Can Help
It's important to know the options and levels of openness when considering adoption. Choosing between an open or closed adoption is just one choice you must make for your adoption plan.
You will need sound legal advice to make the best decision for your family. A skilled family law attorney experienced with adoption law can help you understand how adoption works and the laws that impact your situation. They can also help you with adoption forms, represent you in family court, and advocate for the best interests of your family and the adoptee.
Contact an adoption attorney in your area to learn more.
Can I Solve This on My Own or Do I Need an Attorney?
- It is a good idea to have an attorney for complex adoptions
- An attorney can ensure you meet all legal requirements and that your adoption is finalized appropriately
- An attorney can help protect the best interests of adoptive children, adoptive families, and birth parents
- For simple adoptions, you may be able to do the paperwork on your own or by using an agency
Get tailored advice at any point in the adoption process. Many attorneys offer free consultations.
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