Open vs. Closed Adoptions

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In honor of National Adoption Month, our November blog posts are focused on adoption. Today’s blog explores open vs. closed adoptions. These terms are often thrown around in discussions surrounding adoption. Simply put, they refer to the agreed-upon relationship between the adoptive parents and the birth mother before and after the placement. However, the meanings of these terms are not as definitive as they may seem.

Open adoptions encompass a broad variety of relationships. While many people understand them as continuing a relationship between the child and the birth mother after the child has been adopted (through visits and communication, for example), this is only one example of open adoptions. The common thread in all open adoptions is that some kind of in-person contact exists between the adoptive family and the birth mother, and the parties share identifying information. However, the degree of openness between the parties is different in every adoption. Some families may elect to have regular visits with the birth mother, while others may choose to arrange phone calls during the holidays.

Closed adoptions involve limited contact. Identifying information is not shared between the parties, nor do relationships exist between the parties before and after the placement. Typically, the only information shared in closed adoptions includes medical records. However, in this age of electronic communication and social media, it may be nearly impossible to conceal the other party’s identifying information.

While the open vs. closed adoption classifications exist, they are not necessarily legally enforceable. Parties can enter into a post-adoption contact agreement to enforce the terms of their relationship. It is highly recommended to consult with an adoption attorney to determine the parameters of contact between the birth mother and the adoptive family before and after the placement.

Ultimately, it is important for adoptive parents and birth parents to discuss the type of open or closed relationship they desire. Also, keep the best interest of the child in mind when thinking about an open or closed adoption.

The attorneys of Harden Jackson Law are devoted to servicing clients throughout the Indianapolis area and the state of Indiana in all areas family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy and other areas of assisted reproductive technology law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.

Remember, these blog posts are not meant to be legal advice. You should consult an adoption attorney to discuss the specifics of your situation.

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