Key Takeaways:
- There are varying degrees of closed adoptions. An adoptive parent or biological parent might be able to incorporate some elements of open adoption into their closed adoption process.
- A fully closed adoption may mean that adoptive parents, adoptive children and biological parents have no rights to learn identifying information about each other or contact each other.
- A closed adoption may still involve providing detailed information about the child’s background and their parents’ backgrounds to the adoptive parent.
- A biological parent’s identifying information isn’t always confidential in a closed adoption.
- A biological sibling might still have access to an adoptive child in a closed adoption.
Thanks to DNA testing and social media, it may seem like anyone can dig up any information on someone else. But there are still times when people may prefer to keep things private, such as during the adoption process. If someone chooses a closed adoption, typically, identifying information about the biological and adoptive families is kept private, with little or no contact after the adoption is finalized. For the birth parent, this may bring a sense of closure. For the adoptive parent(s), this may bring a feeling of security since the birth parent can’t interfere with their lives.
Still, a closed adoption isn’t for everyone. This article aims to help you understand what a closed adoption may mean for all parties involved. Since the exact laws vary from state to state, researching your local laws and talking to an attorney can help you learn your specific rights and options. You may also want to speak to private adoption agencies about the different adoption avenues available to you so that you’re fully informed before you take action with any adoption.
Biological parents give up many legal rights in a closed adoption
Under many closed adoption rules, biological parents relinquish all legal rights to their child, which may include:
- The right to have any physical possession of or interaction with the child
- The right to know who the adoptive parents are
- The right to make decisions about the child’s education and care
- The right to inherit from the child
- The right to receive information about the child’s life or future
The adopted child may also lose the ability to know about or contact their biological parents or extended family members.
Pro tip:
Some adoptive or biological parents prefer the closed adoption setup because it helps them make a clean break from the past. A closed adoption may also protect a biological parent who had or lost their child under sensitive circumstances that they want to keep private.
Closed adoptions might still involve sharing information
A key difference between open and closed adoption is whether the adoptive parent knows identifying information about the child’s biological family. However, under some state laws, certain non-identifying details about the biological family may be shared, including:
- The child’s medical, dental and immunization history
- Whether the birth mother consumed alcohol while pregnant with the child
- Whether the child has been diagnosed with fetal alcohol spectrum disorder
- The child’s current health status
- The child’s educational testing results and achievements
- The child’s educational needs
- The relationship the child has had with immediate biological family, extended family and others who have taken care of the child
- Results of health and social evaluations of the biological parents
- The health and genetic history of the child’s biological family
- The current health status of the child’s biological parents
- The ethnic and religious background and physical characteristics of the child’s biological parents
- The criminal histories of the parties involved
Biological siblings might still have access to the adoptive childv
Even in a closed adoption, biological siblings may retain certain rights to connect with the adoptive child. For example, Texas adoptions that involve the Department of Family and Protective Services separating a child from their biological parents also recognize the right of a biological sibling to petition the court for contact with the adoptive child. This means that while contact with parents may be severed, sibling ties might not be entirely lost. Adoptive parents in cases like these receive notice that the biological sibling may have the right to contact the adoptive child.
Pro tip:
If you’re considering adopting a child, look at your state’s laws about the exchange of information and the rights of the adoptive child’s siblings. Your state might require that you receive information before adopting about whether the adoptive child has biological siblings. It may also give a sibling the right to request access to the adoptive child. Having this information might help you prepare for a future contact request. And that could help you provide your child with appropriate and timely counseling, if necessary.
Confidentiality isn’t always absolute in a closed adoption
There are circumstances where confidentiality in a closed adoption isn’t absolute. When a government agency provides background information about a child and their biological parents, the agency might not edit out the parents’ identifying information. This might happen if the agency determines that the information is already available through other resources.
Closed adoptions may be fully closed or transition to closure
Not all closed adoptions follow the same path, and some might incorporate elements of open adoption.
When it comes to an open vs. closed adoption, open adoptions may provide many freedoms and rights that could make the transition easier for everyone involved. These may include:
- The right of the biological parent to speak with prospective adoptive parents before they give consent to the adoption
- The right of the adoptive parent to know more about the biological parents and their backgrounds before moving forward to adopt that parents’ child
- The right of the biological parent to speak with the child or adoptive parents or receive updates about the child after the adoption is complete
In some cases, biological and adoptive parents never meet or exchange identifying details. These types of adoptions might remain closed from the beginning. Other adoptions may start with some level of openness that closes when the adoption becomes final. This may mean no further contact between the child or adoptive parents and the biological parents.
Even if the biological and adoptive parents agree to continue to stay in contact, some state laws allow adoptive parents to revoke the contact agreement without jeopardizing the adoption. Also, courts in many states may refuse to enforce a contact agreement if the judge determines the agreement isn’t in the child’s best interest.
Pro tip:
Educate yourself about closed adoption, even if you think you want an open adoption. This may be helpful for several reasons. First, you may not find a match through the open adoption process and may decide to consider a closed option to build your family. Second, an adoptive parent may revoke a contact agreement. Third, a court may not enforce a contact agreement after an adoption is final.
How an attorney may help
Closed or open, any adoption is a life-altering event for every party involved. Understanding the flexibility and boundaries within closed adoptions may help everyone set realistic expectations from the start.
Additionally, speaking with an attorney before initiating the adoption process may help biological and adoptive parents determine which type of adoption aligns with their needs and circumstances. An attorney can also help a parent draft effective adoption agreements. And they can help a party provide the information necessary to execute the adoption or help ensure that the adoptive parent receives the proper information about the adoptive child and their biological family.
Sources
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/8/00117.htm; https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59; ttps://statutes.capitol.texas.gov/Docs/FA/htm/FA.151.htm#151.001; https://statutes.capitol.texas.gov/Docs/FA/htm/FA.162.htm#162.0062; https://le.utah.gov/xcode/Title81/Chapter9/81-9-S202.html?v=C81-9-S202_2024090120240501; https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S138.html?v=C78B-6-S138_2021050520210901; https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH10/SECT32-1010/; https://statutes.capitol.texas.gov/Docs/FA/htm/FA.162.htm#162.008; https://statutes.capitol.texas.gov/Docs/FA/htm/FA.162.htm#162.007; https://casetext.com/statute/colorado-revised-statutes/title-19-childrens-code/article-5-relinquishment-and-adoption/part-2-adoption/section-19-5-207-written-consent-and-home-study-report-for-public-adoptions-fingerprint-based-criminal-history-record-checks-investigation-rules; http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0063/Sections/0063.085.html; https://statutes.capitol.texas.gov/; https://revisor.mo.gov/main/OneSection.aspx?section=453.080&bid=35625&hl=; https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/8/00116-01.htm; https://revisor.mo.gov/main/OneSection.aspx?section=453.080&bid=35625&hl=; https://www.revisor.mn.gov/statutes/cite/260C.619; https://casetext.com/statute/oregon-revised-statutes/title-11-domestic-relations/chapter-109-parent-and-child-rights-and-relationships/adoption/section-109268-interpretation-of-adoption-laws-agreement-for-continuing-contact.
