The True Legal Definition of Open Adoption vs. Closed

When we started to look at adoption, the single most often quote we came across was "Open Adoption." We came to find out that the legal definition differs significantly with its' everyday use.

Basically, Open Adoption is when the parties (birthmother and adoptive family) exchange identifying information. In a Closed Adoption no identification is exchanged. So an open adoption with no contact after birth is still an open adoption.

To see how this is illustrated consider the following:
In agency adoptions: the birthmother signs custody over to the agency. The agency then assigns custody to the adoptive parent(s). Because the agency is the middle-man the birthmother may not have identifying information. This is a Closed Adoption.

In independant adoptions: in most states, independant adoptions allow the birthmother to assign custody directly to the adoptive parent(s). However, the paperwork required mandates that identifying information is exchanged. This is an Open Adoption.

Many people use the term "Open Adoption" to refer to situations where the birthmother is a continued presence in the life of the adoptive child. This may mean sending letters, presents, involvment with family, visits, etc. It is entirely possible to have an Open Adoption with no future contact with the birthmother. The parameters are decided upon by both parties, in many states even if the parties agree to visitation it may not be enforceable in the courts.

This is the short and the skinny on the terms Open vs. Closed. Most agencies allow the birthmother to view and select potential adoptive families, however, if the borthmother wishes she may hand the selection of parent(s) to the agency.

There are many books available discussing the benefits of open adoption. Personally, we were overjoyed to be able to meet our birthmother. We liked her, a lot. By her decision she is not involved in our daughters life, not because of her lack of love, but because of its' abundance.