Adoption practices in the United States have undergone significant transformations over the past century, shifting from a predominantly closed system to one that increasingly embraces openness and transparency. This evolution reflects changing societal attitudes and a deeper understanding of the psychological well-being of all parties involved.

The Era of Closed Adoptions

In the early to mid-20th century, closed adoptions were the norm in the U.S. During this period, adoption records were sealed, and original birth certificates were amended to list the adoptive parents as the child’s biological parents. This practice aimed to protect all parties from the stigma associated with illegitimacy and to prevent birth parents from interfering with the adoptive family. By the 1930s, many states had enacted laws sealing adoption records to the public, reinforcing the confidentiality of these arrangements.^[1]

Transition to Open Adoption

Over the past few decades there has been a marked shift towards open adoptions, characterized by varying degrees of contact and information sharing between birth parents, adoptive parents, and adoptees. This change is driven by a growing recognition of the benefits of openness, including the psychological well-being of adoptees and birth parents.

Statistical Trends in Adoption Practices

While comprehensive national statistics specifically tracking the prevalence of open versus closed adoptions are limited, available data suggests a significant increase in open adoptions. For instance, it’s estimated that only about 5% of private adoptions today are closed, indicating a substantial move towards openness in adoption practices.^[2]

Psychological Benefits of Open Adoption

Research indicates that open adoption arrangements can offer several psychological advantages:

• Identity Formation: Access to birth family information helps adoptees develop a more comprehensive sense of identity, understanding their heritage and personal history.
• Emotional Well-being: Ongoing contact can alleviate feelings of abandonment and promote a sense of belonging and continuity for the adoptee.
• Birth Parent Peace of Mind: Open communication allows birth parents to witness their child’s growth and well-being, potentially reducing feelings of grief and loss.

Post-Adoption Contact Agreements

To facilitate and formalize ongoing contact in open adoptions, many adoptive and birth families enter into Post-Adoption Contact Agreements (PACAs). These agreements outline the type and frequency of contact, setting clear expectations and boundaries to support healthy relationships. It’s important to note that the enforceability of PACAs varies by state. Some states recognize them as legally binding, while others do not. Florida law supports PACAs in foster adoptions, but is silent on the enforceability of PACAs in private adoption. A well-written PACA will provide for mediation if the parties violate the terms of the agreement. A court may order injunctive relief or possibly monetary damages, but violation of a PACA does not jeopardize the validity of the adoption. 

The evolution from closed to open adoption in the United States reflects a broader societal shift towards transparency and the prioritization of the psychological well-being of adoptees and their families. As open adoption becomes more prevalent, understanding its benefits and the role of formal agreements like PACAs is essential for all parties involved in the adoption process.

[1] Minnesota was the first state to enact such a law. Minnesota Statutes 1917 (Suppl.) section 7159, effective January 1, 1918. The court records, however, until 1945 remained available to the parties in interest and their attorneys.

[2] 10 Adoption Facts that might surprise you. How Open Adoption Have Evolved, https://www.americanadoptions.com/pregnant/adoption_facts_then_and_now?utm_source=chatgpt.com (last visited Dec. 18, 2024).