Running Head: OPTIONS IN ADOPTION
Options in Adoption
Kyndall E. Hagedorn
First Colonial High School
Legal Studies Academy
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OPTIONS IN ADOPTION
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Abstract
This paper details the laws and regulations regarding the adoption process. Adoption is a legal
process that grants adoptive parents parental rights of a child that can only be taken away by
abusing the rights given to them by law. Through this process, the adoptive parent or parents are
legally the sole guardian of that child and must fulfill their necessities. There are a variety of
different regulations and options in the adoption process which will be thoroughly explained in
this paper. The laws and regulations have evolved over time and new ones have been
implemented to better protect adopted children, the adoptive families, and the privacy of both
parties. The paper explores the extent of adoption in the United States and foreign nations and
discusses the importance of the laws concerning adoption.
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Options in Adoption
Although adoption is a solution for many unplanned births and unfit parents, it causes
controversy because it questions human rights concerning privacy.
In 2001, 1.5 million children were adopted in the United States, about 2.5 percent of all
American children. In 2000, 2.1 million kids were adopted within the United States, 1.6 million
being under the age of 18. Although three fourths of all children adopted are under the age of 18,
in 2000 there were 473,000 children adopted that are either 18 or older. When children are put up
for adoption, birth parents must make decisions involving laws and regulations in regards to their
children. (Explore PBS. (n.d.). (Kreider, R. M. (2013). (Adopted children and stepchildren, 2000.
S.l.: Bibliogov.).
Types of Adoptions
Open adoption is when a birth parent can choose the family that adopts them and have the
right to stay in contact with their child and his or her adoptive parents throughout the child’s life.
According to the National Adoption Center, the majority of open adoptions occur in foster care
and do not involve new born babies. This is due to the age of the children; most children in foster
care have already had contact with their birth parents and therefore open adoption is more ideal.
Although open adoption typically refers to the adoptions of children within foster care, it is used
in other adoptions as well ("National Adoption Center," n.d.).
A closed adoption refers to the process of birth parents giving their child up for adoption
to an unknown family knowing they will cut off all ties with the child and the new family. In a
closed adoption, there is a case worker or attorney that will exchange the information needed so
that the two families may remain disclosed from each other. The birth parents do not choose the
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family for their child, and typically do not know where the child is located. Depending on the
family, this can allow the child to have a sense of belongingness with their new family while
avoiding the confusion of knowing his or her birth parents ("National Adoption Center," n.d.).
Open and closed adoptions contain unique opportunities that allow the families to choose
the best fit for them. In both types of adoption, there are pros and cons that are ideal for all
families. The advantages to an open adoption consist of the following: maintaining family
relationships, remaining medically informed, and lack of guilt a birth parent may feel. Some
disadvantages of open adoption are the following: lack of privacy, a change of mind, and
potential disappointment. To some, the disadvantages and advantages of an open adoption appear
to be switched, and that is when closed adoption comes into play. In a closed adoption, there is
privacy on all parties, a sense of closure, protection from unstable birth parents, and reduced fear
of confrontation. Although privacy may be a major advantage, it has the capability of leading to
a sense of abandonment and will be unsafe in the future due to the lack of medical information
("American Pregnancy Association | Promoting Pregnancy Wellness," n.d.).
Parties choose open adoption because the parents would rather maintain relationships,
remain medically informed, and reduce any guilt. Maintaining family relationships grants
adoptive parents the opportunity to meet birth parents and develop a plan for their future. They
may stay in contact through face to face visits, phone calls, or emails. Keeping in contact will
reduce guilt as well as ensure safety for the child. The adoptive family and birth parents are able
to participate in face to face contact throughout the child’s life and watch as he grows and adapts
his new family. By watching the child grow, the birth parents will feel more content with their
decision to give their child up to another family. The child will also be able to better understand
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why they were given up for adoption and a relationship can be developed between the birth
parents and the child.
Misconception: “My child will hate me because I placed her for adoption.”
This feeling was produced by people and media that are inexperienced in adoption.
An extended family member or a friend who may not agree with the pregnant
woman’s desire to place her child for adoption may say that the child will hate her
if she goes through with it. Similarly, some television shows and movies have
unjustly portrayed adoptees in this way as well. The adoption statistic shows that
over 90 percent of adopted children ages 5 and older have positive feelings about
their adoption. Most adopted children are raised in happy homes by loving
adoptive parents, so why would an adopted child hate his birth parents, the ones
who provided him with a great life and his mom and dad? ("American AdoptionsAmerica's Adoption Agency," n.d.).
According to Gloria Hochman, a professional at National Adoption Center, if the
children are older, parents often give them up for adoption because they are incapable of
properly caring for the child. This could either result from drug abuse, homelessness, mental or
physical illness and inability to cope with child care. If their child is a baby, then the number one
reason they are put up for adoption is because the “parent/s are unable or unwilling to raise them
due to circumstances such as age, health, and finances.” (G. Hochman, Personal communication,
November 24, 2014). It is important to know why a child was placed for adoption in order to best
ensure the safety and stability of the child. It is also helpful to know the health and heredity of
the child and this is why an open adoption can be very beneficial. In an open adoption, both sets
of parents fully disclose identifying information and ongoing medical records. Remaining
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medically informed cautions the child about future illnesses they may be prone to or health
issues that run in their birth family ("American Adoptions -- America's Adoption Agency," n.d.)
(G. Hochman, Personal communication, November 24, 2014).
In open adoptions, privacy is the central issue. Behind privacy comes interference of birth
parents, a change of mind, and potential disappointment. Birth parents may intervene with the
adoptive family in a negative way and cause turmoil within the family. A change of mind as well
as lack of responsibility on either party could result in disappointment of the child. If a child is
expecting and hoping to be in contact with their birth parents, but the birth parents do not show
up or contact the child first, it could devastate the child. Birth parents or adoptive parents may
later choose they do not wish to communicate with each other, and that could leave the child to
feeling unwanted.
The birth mother has the opportunity to choose which type of adoption fits her best. If an
open adoption does not suit a mother’s personal situation, a closed adoption may be the better
situation. Expectant parents may request that the agency chooses the adoptive family, preventing
them from gaining any knowledge on the birth parents, and keeping their lives with their new
child completely private. Birth parents may feel a sense of closure once the process is over. It
may make moving on with their lives not so difficult, knowing their child is in an environment
that is best for them and will allow them to guardedly grow. If a child was born into an unstable
family, the adoptive parents may feel safer knowing that the child will not know the potential
dangers of their birth family. A study done by American Adoption agency says that, “Adopted
children are more likely to live in neighborhoods that are safe, that have amenities and are in
good physical condition than are non-adopted children” ("American Adoptions -- America's
Adoption Agency," n.d.). Confrontation is a fear for both parties. The adoptive parents may fear
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that if the child maintains contact with their birth parents, they will not feel as if their new family
is where they belong and may want to go back with their birth parents. Also, birth parents may
fear confrontation with their child will upset them, knowing that they could not keep their child
as their own. In a closed adoption, there is no form of confrontation, allowing both parties to feel
content.
Misconception: “Will the adopted child be loved as much as a biological child?”
This is a very natural feeling that both the adoptive family and birth parents share before
entering into an adoption. Any fears of the adoptive family not loving a child simply
because it doesn’t have their genes are immediately eliminated as soon as the adoptive
parents first lay eyes on their baby. This is true in nearly every single adoption. Look no
further than how the adoptive parents interact with the adopted child: Nearly 3 out of
every 4 adopted children ages 0-5 are read to or sang to every day, compared with only
half of non-adopted children who receive the same attention from their biological parents.
Furthermore, well over half of all adopted children eat dinner with their families at least
six days per week. It’s no surprise that the adoption statistics show how much adoptive
parents cherish the time they have with their children. They appreciate every day the
opportunity to be a mom and a dad, and it shows. They are the first ones at their son’s
soccer practice, and they are in the front row of their daughter’s play. Their lives quite
literally revolve around their children. At first glance, the statistic about the majority of
adopted children being read to every day may not seem like much, but looking further
into the stat gives a glimpse into what adoptive parents are all about. Couples who
struggle with infertility gain an astounding appreciation for the gift of parenthood.
Adoption presents the couple with another chance to reclaim their dreams of raising a
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child, and it shows in the little things, such as reading to him or her before bed. Another
national adoption statistic says that 9 out of every 10 adoptive couples said the
relationship they share with their adopted child is “very close,” and nearly half said that
their relationship is even “better than expected.” Also, more than 9 out of every 10 people
said they would “definitely” make the same decision to adopt again. These statistics are
remarkable considering all of the special needs babies that are adopted and the other
complexities that may occur through adoption. These statistics proves that no matter how
difficult the adoption process can be emotionally, the end result is what matters and that
the family unequivocally loves the child. ("American Adoptions -- America's Adoption
Agency," n.d.).
Privacy is a dominant advantage of closed adoptions, however; it is also its major setback.
Privacy in a closed adoption has the potential to create a sense of abandonment for the child as
well as covering the medical records of the child’s birth family. This form of adoption may cause
the child to feel like they were abandoned by their birth parents. Birth parents may even feel a
sense of abandonment since connection between them and their child is nonexistent. Medical
records are crucial for protecting the health of the children. The adoptive parents and the child
are often given current medical records of both their birth parents. In a closed adoption, ongoing
medical records are not given to the children, and prevent the child from fully understanding
their medical background. Medical backgrounds provide information that share health risks and
could prevent future medical issues.
Survey
A survey was conducted in Canada in 1996 called the National Longitudinal Survey of
Children and Youth, (NLSCY) completed by Statistics Canada and Human Resources and Skills
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Development Canada, (HRSDC). This survey was “designed to collect information about factors
influencing a child's social, emotional and behavioral development and to monitor the impact of
these factors on the child's development over time” ("National Longitudinal Survey of Children
and Youth (NLSCY)," n.d.). The results of this survey concluded that, “even after controlling for
family level characteristics neighborhood quality has strong associations with child well-being”.
Although this survey did not directly relate to adoption, it does correlate with it. A child’s
surroundings plays a vital role in how they develop. “Nationwide, between 550,000 and 750,000
children are born each year after prenatal exposure to drugs or alcohol” ("National Longitudinal
Survey of Children and Youth (NLSCY)," n.d.).
The 2007 National Survey on Drug Use and Health reports that 8.3 million
children live with at least one parent who abused or was dependent on alcohol or an illicit
drug during the past year. This includes 13.9 percent of children aged 2 years or younger,
13.6 percent of children aged 3 to 5 years, 12.0 percent of children aged 6 to 11 years,
and 9.9 percent of youths aged 12 to 17 years.48 These children are at increased risk for
abuse or neglect, as well as physical, academic, social, and emotional problems.
Knowing they are unfit parents, they make the decision to give their child up for adoption in
hope of a safer life for them ("How Parental Substance Use Disorders Affect Children," n.d.).
Laws and Regulations
On September 29, 2000 the California Senate Bill 2157 was passed allowing all parties
involved in an open adoption to create an agreement that protects the child, but does not cut them
off from their past ("SB 2157 Senate Bill - AMENDED," 2000). Both the California Welfare
Directors Association (CWDA) and the State Department of social Services allowed the bill to be
passed, believing it would speed up the adoption process. In previous years, social workers
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believed that a child would not have a family-like bond with their adoptive parents unless they
sever all connections with their birth parents. The California Senate bill goes against these
opinions and grants children in foster care the right to a type of connection with their birth
parents ("Open Rappaport Article," n.d.). The Uniform Adoption Act plays a vital role in all
adoptions and the laws regulating them. It not only covers birth parent consent, but also covers
issues dealing with the privacy of birth records and so on. It was created by the National
Conference of Commissioners on Uniform State Laws (NCCUSL) in 1994. “The Uniform
Adoption Act seals adoption records for 99 years, criminalizes searching, shortens revocable
consent periods, does not define non-identifying information, and creates a muddled mutual
consent registry” ("Uniform Adoption Act," n.d.). According to section 63.2-1247(E) the adopted
child’s entire birth record is available to them once they reach the age of 18. Stated in section
63.2-1247(C), medical, psychological, or genetic information can be disclosed to an adopted
person 18 or above only if a physician or licensed mental health provider requests for its
disclosure as well as a reason why. Certain states provide specific adoption rules, while states
such as Minnesota follow the “Protection of the child’s best interests” (Minnesota 2001).
Court Cases
Santosky v. Kramer is a court case in which “Petitioner parents challenged the
constitutionality of a New York statute permitting permanent termination of parental rights based
upon a preponderance of the evidence standard” ("Westlaw Campus Requirements," n.d.). In this
case, John and Annie Santosky were fighting against the state in order to see who would be better
parents to the Santosky’s children. The young couple was accused of neglecting and abusing
three out of five of their children, and as a result the children were removed from the house. The
children were removed by the New York State welfare officials in 1973 and 1974. After two
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years, the state was in hopes of terminating the Santosky’s parental rights in order for them to be
eligible for adoption. The state must prove the children to have been “permanently neglected” in
order to end the Santosky’s parental rights all together. They had two more children that were
considered well cared for. In order for the state to win, they had to “prove their neglect by a
stricter standard- by clear and convincing evidence- than the New York statute required”. Due
Process and state’s rights caused the Supreme Court to conclude that “when the state wants to
end a parent- child relationship, it must make a very good case” ("Westlaw Campus
Requirements," n.d.). This case resulted in the New York considering the Santosky’s fit parents
for two of their children. It is unknown if they ever attempted to regain custody of their other
three children. Cases such as this one question whether children are better off remaining in
contact with their birth parent or severing all ties with them for a better relationship with their
adoptive parents ("Westlaw Campus Requirements," n.d.).
Adoptive Couple v. Baby Girl focused on the Indian Child Welfare Act (ICWA). ICWA
was passed in 1978 in order to protect the rights of American Indian children and keeping them
with their birth parents ("Indian Child Welfare Act of 1978," n.d.). Congress passed this law to
"protect the best interests of Indian children and to promote the stability and security of Indian
tribes and families" (25 U.S.C. § 1902). ICWA works to provide private and public child welfare
agencies the proper regulations they must follow when dealing with tribal children and families.
Adoptive Couple v. Baby Girl is a case involving two Native American birth parents, their child,
and an American adoptive couple from South Carolina. While the birth mother was pregnant, the
father on the child ended his relationship with the mother and gave up his parental rights. The
birth mother then decided put their child up for adoption. An American family from South
Carolina was selected from the birth mother. During the first four months of the baby’s birth, her
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father did not provide any financial assistance to the birth mother and the baby girl. After four
months, the adoptive family wrote a letter to the child’s birth father, announcing their adoption of
his child. The birth father then fought for custody and claimed he had never agreed to adoption.
After a trial, the South Carolina Family Court cancelled the pending adoption and granted
custody of the child to the birth father. The ICWA applied to this case because the “Biological
Father was a “parent” under the ICWA; that §§1912(d) and (f) barred the termination of his
parental rights; and that had his rights been terminated, §1915(a)’s adoption placement
preferences would have applied.” ("25 U.S. Code § 1911 - Indian Tribe Jurisdiction over Indian
Child Custody Proceedings," n.d.).
Adar v. Smith was a case dealing with adoption by gay couples. Oren Adar and Mickey
Smith are a gay couple who adopted a Louisiana-born child in New York. Because the couple
was not married, Louisiana denied the issue of the adopted child’s birth records. The state of
Louisiana does not permit adoptions by unmarried couples. Lambda Legal filed a law suit
because, “the registrar violated the Full Faith and Credit Clause of the U.S. Constitution by
refusing to recognize the New York adoption decree”, and, “denying a birth certificate only to
children of unmarried parents violates the Equal Protection Clause of the Fourteenth Amendment
to the Constitution”. After a year, the United States district judge ruled in favor of Lambda Legal
and ordered the registrar to issue a birth certificate that listed Oren Adar and mickey Smith as the
adopted child’s parents ("Adar v. Smith," n.d.).
Evolution of Adoption
Adoption has changed the lives of millions of children and families since the 20th
century, but details about the adoptions were not recorded until 1920. Even at its highest point,
adoptions were rare. Adoption is thought of as more popular and increasing over the years,
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however; this misconception is proven wrong by statistics. In 2004, the total number of overseas
adoptions in the United States was 22,884. In 2011 the total number was 9,320. Regarding
adoption, the number of yearly adoptions is not the only thing that has changed over the years. In
the early years of adoption, there were not subsidies for adopting a child from foster care. Today,
almost 90 percent of adopted children receive a subsidy. Depending on whether an adoptive
family meets the IV-E requirements, the children may receive a federal subsidy or a state subsidy
("NACAC | Adoption Subsidy," n.d.). The most well-known change in adoption has been the
beginning of open adoption. In the past, there were no unsealed birth records, and now families
have the privilege of picking a family that will best fit their child as well as keep in contact with
them throughout the child’s life. However; closed adoptions hinder the process of unsealing all
birth records, and therefore they remain sealed in most states. Those eligible to adopt also
changed drastically. In past years, only heterosexual married couples were capable of adopting.
Today, individuals have the opportunity to adopt and the number of single-parent adoptions has
continued to increase over the past 20 years. Same sex adoptions are now legal and gays,
lesbians, bisexuals, and transgenders (LGBT) are now allowed to adopt in sixteen different
countries. These changes in adoption are an example of what is yet to come and how things have
changed and are continuing to change over time.
Recent Events
A Bill in Albany is looking to get passed that deals with the distribution of original birth
records. Maureen Sheridan was in search of her birth mother when she found out that New York
State laws of the 1930s prevent any adoptee of receiving their original birth certificates. Because
of the dangers this could cause her and her family, she is in hope of getting a bill passed that will
allow her to know her birth mother’s medical history (Brennan, 2014).
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There are fourteen states in the United States that offer the accessibility to original birth
certificates to adoptees in a closed adoption. Not all events and changes dealing with adoption
are within the United States, but the U.S. is still involved. In December 2012, President Vladimir
Putin signed a bill that “bans the adoption of Russian children by American citizens, dealing a
serious blow to an already strained diplomatic relationship.” ("Putin Signs Bill That Bars U.S.
Adoptions, Upending Families," 2012). This is a result of improper care of the adoptive parents
towards Russian adoptees. The ban of U.S. adoption from Russia cancelled adoptions of 259
children and approximately 230 United States families. Many of these families had already been
in contact with the children and even met them face to face. All Americans have been deleted
from Russia’s roster of prospective parents. As a result of the despair caused to the families, 150
members of congress wrote and signed a letter to President Obama, asking him to discuss the
issue with President Vladimir Putin. A congressional delegation pushed Russian officials to allow
completion of the pending adoptions. According to Russian officials, “the adoption ban was
intended in part as retaliation for a US law imposing sanctions on Russians deemed to be human
rights violators” ("Russian Adoption Ban: One Year Later," n.d.). The ban remains active, but
people are continuing to speak out in hopes that it will change.
Conclusion
Adoption provides a solution for all children that were born into an unfit situation. It is
an opportunity that will give children, the birth parents, and the adoptive families a second
chance to live a more ideal life. Adoption is an important process both socially and legally
because it has social aspects that are beneficial to children and families, and it also has legal
aspects that ensure privacy and safety. Adoption is a complex legal process but for many people
it is a worthwhile experience. The outcome will be difficult to reach, but in the end all parties
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involved will have the opportunity to change someone’s life or have their live changed through
an unforgettable experience. The laws and regulations are important to guaranteeing that children
are adopted by healthy and stable families that will provide them with the love and resources
they need to grow and thrive as individuals. As adoption continues to expand the laws and
regulations may evolve to best protect every party involved.
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References
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