(Vienna, VA)— Once almost all adoptions were “closed”. But as the popularity of “open” adoptions has grown, the attorneys at SMOLENPLEVY want parents to know that the potential complications have increased as well.
First, it is important to understand the terms.
In closed adoptions, the adoptive parents and birth parents have no contact, the birth parents terminate all their parental rights, and there is no expectation of any future involvement. This is the sort of adoption that was once the norm and was usually accompanied by the sealing of court files.
While the definition of “open” adoption can vary, SMOLENPLEVY’s Kyung (Kathryn) Dickerson says in general it means one or both biological parents chose to remain involved in the child’s life. Usually in open adoptions, the continued participation and involvement of the birth parent(s) is a condition of the adoption. Dickerson says the level of involvement can vary greatly. In some cases, birth parents receive updates, photographs and information about the child’s growth and development, though they do not spend time with the child. In other cases, birth parents are invited to holiday and birthday celebrations, and occasionally have visits with the child alone.
Some experts contend open adoptions are an emotionally healthy option. Among the benefits: the child never has to wonder about his or her birth parents, and, if they have questions, can better understand why they were adopted. The child also does not have to spend time searching for his or her birthparents, and has the potential to better deal with hereditary health issues.
That said, SMOLENPLEVY’s Alan Plevy warns open adoptions can also be emotionally difficult and cause unexpected complications. Plevy urges adoptive parents to consider all the implications when weighing an open adoption. Among the issues:
• Biological parents and adoptive parents may have different opinions on how a child should be raised, disciplined and rewarded.
• If there is a divorce or separation occurs between the adoptive parents and there is a resulting custody battle, birth parents who are actively involved in the child’s life could be considered persons with legitimate interest and could request visitation with the child against the wishes of one adoptive parent.
• If the biological parents have other children, the adopted child can have difficulty understanding why they were not kept in the biological family.
• Drawing lines: How many biological family members are allowed to be involved? Sisters and brothers? Aunts and Uncles? Grandparents?
Depending on the jurisdiction, the biological and adoptive parents may enter into a legally-enforceable and binding agreement concerning visitation, exchange of information or other interaction regarding on the child. Parents thinking of open or closed adoptions should contact Alan Plevy (abplevy@smolenplevy.com) or Kyung (Kathryn) Dickerson (kndickerson@smolenplevy.com) at SMOLENPLEVY in Vienna, VA to help them decide what parameters they are willing to accept in creating their new family.
First, it is important to understand the terms.
In closed adoptions, the adoptive parents and birth parents have no contact, the birth parents terminate all their parental rights, and there is no expectation of any future involvement. This is the sort of adoption that was once the norm and was usually accompanied by the sealing of court files.
While the definition of “open” adoption can vary, SMOLENPLEVY’s Kyung (Kathryn) Dickerson says in general it means one or both biological parents chose to remain involved in the child’s life. Usually in open adoptions, the continued participation and involvement of the birth parent(s) is a condition of the adoption. Dickerson says the level of involvement can vary greatly. In some cases, birth parents receive updates, photographs and information about the child’s growth and development, though they do not spend time with the child. In other cases, birth parents are invited to holiday and birthday celebrations, and occasionally have visits with the child alone.
Some experts contend open adoptions are an emotionally healthy option. Among the benefits: the child never has to wonder about his or her birth parents, and, if they have questions, can better understand why they were adopted. The child also does not have to spend time searching for his or her birthparents, and has the potential to better deal with hereditary health issues.
That said, SMOLENPLEVY’s Alan Plevy warns open adoptions can also be emotionally difficult and cause unexpected complications. Plevy urges adoptive parents to consider all the implications when weighing an open adoption. Among the issues:
• Biological parents and adoptive parents may have different opinions on how a child should be raised, disciplined and rewarded.
• If there is a divorce or separation occurs between the adoptive parents and there is a resulting custody battle, birth parents who are actively involved in the child’s life could be considered persons with legitimate interest and could request visitation with the child against the wishes of one adoptive parent.
• If the biological parents have other children, the adopted child can have difficulty understanding why they were not kept in the biological family.
• Drawing lines: How many biological family members are allowed to be involved? Sisters and brothers? Aunts and Uncles? Grandparents?
Depending on the jurisdiction, the biological and adoptive parents may enter into a legally-enforceable and binding agreement concerning visitation, exchange of information or other interaction regarding on the child. Parents thinking of open or closed adoptions should contact Alan Plevy (abplevy@smolenplevy.com) or Kyung (Kathryn) Dickerson (kndickerson@smolenplevy.com) at SMOLENPLEVY in Vienna, VA to help them decide what parameters they are willing to accept in creating their new family.