A Bulletin for 

professionals

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau

Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

703.385.7565 or 800.394.3366

Email: info@childwelfare.gov

www.childwelfare.gov

Openness in 

Adoption

What’s Inside:

Laws regarding open adoption

Research findings

Implications for agency policy

Open adoption for children in 

foster care

When openness is not in the child’s 

best interest

Unresolved issues

For more information

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Open, or fully disclosed, adoptions allow adoptive parents, and often the adopted child, to 

interact directly with birth parents. Open adoption falls at one end of an openness communication continuum that allows family members 

to interact in ways that feel most comfortable 

to them. In semi-open or mediated adoptions, 

information is relayed through a mediator (e.g., 

an agency caseworker or attorney) rather than 

through direct contact between the birth and 

adoptive families. In confidential adoptions, no 

identifying information is exchanged.

February 2003

Confidential 

Adoption

Semi-Open/

Mediated Adoption

Fully Disclosed/

Open Adoption
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In open adoptions, communication may 

include letters, e-mails, telephone calls, or 

visits. The frequency of contact ranges from 

every few years to several times a month or 

more, depending on the needs and wishes of 

all involved. The goals of open adoption are:

To minimize the child’s loss of relationships.

To maintain and celebrate the adopted 

child’s connections with all the important 

people in his or her life. 

To allow children to resolve losses with 

truth, rather than with fantasy.

The recent movement toward open adoption 

has taken place in the context of larger social 

change. Birth parents are now empowered to 

make choices: there is less stigma in raising 

children alone and greater access to abortion 

and birth control. Also, the societal movement toward less secrecy and the prizing of 

diversity, including a variety of family structures, has allowed for a greater acceptance of 

open adoption.

 Laws Regarding Open 

Adoption

Adoptions have taken place since the beginning of human history. However, until the early 

1900s they were generally informal, community-based arrangements. Confidentiality 

gradually became an integral part of adoption 

to protect birth parents and adopted children 

from the stigma surrounding illegitimate births. 

In 1851 the Commonwealth of Massachusetts 

set the legal precedent for severing the relationship between an adopted child and his 

or her biological parents. In 1917 Minnesota 

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passed the first State law barring public 

inspection of adoption records. By 1950, most 

States had passed legislation sealing adoption 

records, even from adoptees themselves. 

In response to a groundswell of adult adopted 

persons and birth parents returning to agencies for more information and advocating 

legislative changes, some States have recently 

changed their adoption laws. These changes 

initially involved the creation of mutual 

consent registries. A mutual consent registry is 

a central repository where individuals directly 

involved in adoptions can indicate their willingness to disclose identifying information. 

Approximately 23 States have some form of 

mutual consent registry. 

Some States also have changed their laws to 

acknowledge “cooperative adoption,” or postadoption agreements between birth and adoptive parents. These often include some degree 

of openness. While no State prohibits entering 

into these types of agreements, they are not 

legally enforceable in most States. Often they 

are informal “good faith” agreements between 

birth and adoptive parents that may or may not 

be in writing. Even in States where postadoption contracts are enforceable, no law allows 

for an adoption to be overturned if either birth 

or adoptive parents fail to follow through on 

their agreement. Many of the States have also 

enacted laws allowing an adopted adult to petition the court for access to his or her original 

birth certificate. These petitions are generally 

granted with “good cause.” A few States have 

also enacted laws allowing an adopted adult 

(18 or older) unrestricted access to his or her 

original birth certificate or agency records. A 

few other States allow the birth parents to file a 

consent allowing the release of the birth certificate or a non-consent blocking its release.
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For more information on laws relating to 

cooperative adoptions, access to adoption 

records, and mutual consent registries, see the 

legal section of the Child Welfare Information 

Gateway website (www.childwelfare.gov/systemwide/laws_policies/index.cfm). 

Research Findings

Open adoption is a continuing source of 

controversy. Much of the debate, however, 

is based on philosophical differences rather 

than empirical research. In the past, research 

was difficult because most adoptions were 

confidential and, thus, “invisible.” Studying 

open adoptions continues to be a challenge, 

because no two adoptions are alike and relationships are constantly evolving. However, 

existing research does indicate the following:

Many fears regarding open 

adoption are based on myths. 

Parties in open (fully disclosed) adoptions 

are NOT confused about their parenting 

rights and responsibilities. 

Birth mothers do NOT attempt to “reclaim” 

their children. 

Children in open (fully disclosed) adoptions 

are NOT confused about who their parents 

are. They do understand the different roles 

of adoptive and birth parents in their lives. 

Differences in adolescent adoptive identity 

or degree of preoccupation with adoption 

	 Research findings are taken from the Minnesota Texas

Adoption Research Project, the only longitudinal study to

compare open adoption to other types of adoption. A list of

publications and research findings from this longitudinal study

can be found on the project’s website (http://fsos.che.umn.

edu/mtarp/default.html).

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are NOT related to the level of openness in 

the adoption. 

Adoptive openness does NOT appear to 

influence an adoptee’s self-esteem in any 

negative way. 

Adoptive parents in open adoptions do 

NOT feel less in control and, indeed, have 

a greater sense of permanence in their relationship with their child. 

Open adoption does NOT interfere with 

adoptive parents’ sense of entitlement or 

sense that they have the right to parent 

their adopted child. 

Birth mothers in open and ongoing mediated adoptions do NOT have more problems with grief resolution; indeed, they 

show better grief resolution than those in 

closed adoptions. Researchers did find that 

birth mothers in time-limited mediated 

adoptions (where contact stopped) had 

more difficulty resolving grief at the first 

interview of the study (when the children 

were between 4 and 12 years old).

The level of openness should be decided on 

a case-by-case basis. There is no one level of 

adoption openness that best fits all families. 

Each type of adoption has its own benefits 

and challenges that should be considered for 

each particular situation.

Adoption should be viewed as an ongoing 

process rather than a discrete event. Open 

adoption is based on relationships and, like all 

relationships, grows and changes over time. As 

birth and adoptive families grow and change, 

the need for communication changes as well. 

For example, older adopted children may have 

more questions about their birth family than 

they had as toddlers. Adoptive and birth parents 

need to be open to the needs of children as 

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they get older and gain a sense of ownership over the relationship they have with their 

birth families. 

Factors associated with increased openness:

The birth and adoptive parents’ mutual 

concern for the child’s well being.

An emergence of friendship or a personally 

satisfying relationship between the birth 

and adoptive parents.

Regular flow of communication between 

the birth and adoptive families.

Factors associated with decreased 

openness:

Parties living far away from each other.

Major differences in life situations, interests, 

or values.

Relatives or friends who discourage contact.

Change in a birth mother’s situation such as 

marriage or the birth of another child.

Inability to negotiate a mutually agreed 

upon comfort zone of contact.

Adoptive parents feeling that contact is 

becoming stressful for the child. 

Inability of agency intermediaries to keep 

up contact to everyone’s satisfaction.

Agency staff continue to play a critical role 

in fully disclosed adoptions. Since the early 

1990s, the work of adoption agencies has 

changed dramatically. More birth mothers are 

requesting openness. Some adoption agencies 

have seen an increase in placements since they 

began offering openness options. In the case 

of open adoptions, birth mothers, rather than 

adoptive parents, are often viewed as the agency’s primary client; the initial decision making 

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regarding openness rests in their hands. Agency 

staff play a critical role in counseling birth and 

adoptive parents who are contemplating and 

negotiating these open relationships.

Adoption caseworkers participating in the 

Minnesota/Texas Adoption Research Project 

(MTARP), whose agencies moved toward 

greater openness, reported positive experiences with this change. In order to be effective, professionals working in adoption need 

to be attuned not only to their own philosophy 

of adoption, but also to how to work effectively with clients whose personalities and 

relationship histories vary greatly. 

 Implications for Agency 

Policy

Research clearly indicates that no one level 

of adoption openness is best for everyone. A 

variety of options should be made available to 

families. Researchers recommend that agencies present the advantages and disadvantages of openness and help birth parents and 

adoptive families identify the degree of openness best for them.

The shift toward openness, especially mediated openness where the agency relays 

information between the birth and adoptive 

parents, increases the workload on agency 

staff in an era of shrinking resources and 

increased demand on social service providers. From a staffing perspective, fully disclosed adoptions may be less costly in the 

long run than mediated adoptions because 

there is no need to transfer the information 

between parties. There will continue to be a 
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need, however, for postadoption counseling in 

these adoptions. 

 Open Adoption for 

Children in Foster Care

Children in foster care whose goal is adoption 

are likely to achieve better outcomes by maintaining their existing connections with extended 

birth family members, siblings, and other adults 

with whom they have significant attachments. 

Systematic research, however, has not been conducted on open adoption of children from foster 

care. According to the Adoption and Foster 

Care Analysis and Reporting System (AFCARS) 

Report #7 (www.acf.hhs.gov/programs/cb/

stats_research/afcars/tar/report7.htm), published in August 2002, 82 percent of the children 

adopted from foster care in fiscal year 2000 were 

adopted by either their former foster parents 

(61 percent) or a relative (21 percent). These 

adoptions are often open either because of a 

relationship developed between the birth and 

adoptive parents when the children were in care, 

or because the children know their birth families, 

know their addresses and phone numbers, and 

may contact them whether or not the adoption 

was intended to be open. Greater use of concurrent planning and dual licensure has contributed to increased numbers of adoptions by 

foster parents throughout the country and may 

increase this type of open adoption as well.

	 Simultaneously identifying another permanency goal

for a child (besides reunification) and documenting efforts

so permanency can be achieved quickly for a child should

reunification efforts not succeed.

	 Licensing resource families as both foster and adoptive

parents. (Some State laws allow for dual licensure or certification.

Check your State law to see if dual licensure or certification is

practiced in your State).

When Openness Is 

Not in the Child’s Best 

Interest

In some cases, including the child in a relationship with the birth parents may not be in his or 

her best interest. This may be true if:

A birth parent is unable to maintain appropriate relationship boundaries with a child 

due to mental or emotional illness. 

There has been so much violence directed 

at a child that any contact with that parent 

would only result in more trauma for the 

child. 

Even when it is not safe for the child to maintain an open relationship with a birth parent, 

an extended family member may be able to 

provide a link to the child’s past without causing 

additional trauma. Confer with an adoptioncompetent mental health provider, talk to the 

adoptive family, and use the accompanying 

pro and con tables for additional assistance in 

making difficult choices regarding the amount 

of openness to include in a child’s adoption.

Unresolved Issues

 The professional adoption community has not 

yet resolved certain aspects of openness in 

adoption. State laws and agencies have dealt 

with these issues in a variety of ways depending on their philosophies and experience. 

Systematic research has not been conducted or 

is inconclusive regarding the following issues:

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What is the ongoing impact of open adoption on older children who remember their 

birth families?

Is it ethical to use promises of ongoing 

future contact with their children as an 

incentive for birth parents to relinquish 

parental rights?

Are cooperative adoption agreements 

legally enforceable?

What is the definition of “the best interests of the child” in cooperative adoption 

agreements? 

How should cooperative adoption agreements 

be modified if parties request a change?

How are open adoption arrangements 

working in independent adoptions, where 

they are negotiated without the involvement of agency personnel?

How do adopted persons develop identity 

in open adoptions in a variety of social contexts? (MTARP examined a fairly homogenous sample of middle class adopters of 

children from the United States. How might 

results differ with different ethnic groups or 

children adopted internationally?)

For More Information

Useful Web Sites

American Association of Open Adoption 

Agencies (www.openadoption.org/) 

Helps families find agencies practicing 

open adoption. Adoptees on their mailing 

list respond to the question, “What do you 

wish your adoptive parents had known?”

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Child Welfare League of America (www.

cwla.org/programs/adoption/cwla_

standards.htm) 

CWLA’s Standards of Excellence for 

Adoption Services provides best practice 

regarding openness in adoption.

Evan B. Donaldson Institute (www.adoptioninstitute.org/policy/polopen1.html) 

Provides outcomes of studies on openness 

in adoption from 1986 to 1999, research on 

attitudes toward and trends in postadoption 

contact, and literature reviews and criticism.

Insight: Open Adoption Resources and 

Support (www.openadoptioninsight.org/) 

Offers resources for professionals, adoptive 

parents, and birth parents considering open 

adoption. 

Minnesota/Texas Adoption Research 

Project (http://fsos.che.umn.edu/mtarp/ 

default.html). 

Provides information on a longitudinal study 

of openness in adoption since 1985. The 

most recent wave included a total of 720 

individuals: both parents in 190 adoptive 

families, at least one adopted child in 171 of 

the families, and 169 birth mothers. 

Postadoption Contact Agreements 

Between Birth and Adoptive Families 

(www.childwelfare.gov/systemwide/laws_

policies/statutes/cooperative.cfm) 

Provides adoption statutes for each State, 

compiled by Child Welfare Information 

Gateway.

Useful Books and Articles 

for Families

Abstracts of these books are available on the 

Child Welfare Information Gateway database: 

http://basis.caliber.com/cwig/ws/chdocs/docs/

gateway/SearchForm

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Openness in Adoption www.childwelfare.gov

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Children of Open Adoption by Patricia 

Martinez Dorner and Kathleen Silber (1997, 

Independent Adoption Press). The topics in 

this book include adoption understanding, 

developing relationships, families with open 

and closed adoptions, bonding, communication, and sibling issues. 

“The Effects of Open Adoption on 

Biological and Adoptive Parents and 

Children: The Arguments and the 

Evidence” by M. Berry in Child Welfare, 70 

(5), 637-651, 1991.

How to Open an Adoption by Patricia 

Martinez Dorner (1998, R-Squared Press). 

A book for adoptive parents, birth parents, 

and adoption professionals on how to open 

the lines of communication and navigate 

more inclusive relationships.

Lifegivers: Framing the Birth Parent 

Experience in Open Adoption by James 

L. Gritter (2000, CWLA Press). This book 

examines the ways birth parents are marginalized. The author makes the point that 

adopted children are best served when 

birth parents and adoptive parents work 

together to ensure that birth parents remain 

in children’s lives.

The Open Adoption Experience by Lois 

Ruskai Melina and Sharon Kaplan Roszia 

(1993, HarperPerennial). This complete 

guide for adoptive and birth families 

touches on almost every aspect of an 

open adoption.

The Spirit of Open Adoption by Jim 

Gritter (1997, CWLA Press). This book takes 

a realistic look at the joys and pains of open 

adoption for birth parents, adoptees, and 

adoptive parents.

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What is Open Adoption? by Brenda 

Romanchik (1999, R-Squared Press). Written 

from the perspective of a birth mother in an 

open adoption, this pocket guide provides 

concise information and resources. 

Useful Books and Articles 

for Professionals

“Adopted Adolescents’ Preoccupation 

With Adoption: The Impact on Adoptive 

Family Relationships” by Julie K. Kohler, 

Harold D. Grotevant, and Ruth G. McRoy 

in Journal of Marriage and Family, 64 

(February 2002) pp. 93- 104.

Adoptive Families: Longitudinal 

Outcomes for Adolescents: Final Report 

to the William T. Grant Foundation by 

Harold D. Grotevant (for grant # 95171495, 

April 30, 2001). (Available on the MTARP 

website: http://fsos.che.umn.edu/mtarp/

default.html.)

“Changing Agency Practices Toward 

Openness in Adoption” by Susan M. 

Henney, Steven Onken, Ruth McRoy, and 

Harold D. Grotevant in Adoption Quarterly, 

Vol. 1 #3, 1998. 

“The Effects of Open Adoption on 

Biological and Adoptive Parents and 

Children: The Arguments and the 

Evidence” by M. Berry in Child Welfare, 70 

(5), 637-651, 1991. 

“Enforceable Post-Adoption Contact 

Statutes, Part I: Adoption With Contact” 

by Annette Appell (2000, Haworth Press), 

Adoption Quarterly, Vol. 4 #1, 2000.

“Foster Care and Adoption: A Look at 

Open Adoption” by Amy L. Doherty (1997) 

in Journal of Contemporary Legal Issues, 

(University of San Diego Law School, 2000).

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“Openness: A Critical Component of 

Special Needs Adoption” by Deborah 

N. Silverstein and Sharon Kaplan Roszia 

in Child Welfare, Vol. 78, #5, September/

October, 1999.

“Openness in Adoption and the Level 

of Child Participation” by G. Wrobel, S. 

Ayers-Lopez, H. D. Grotevant, R.G McRoy, 

and M. Friedrick, in Child Development, 67, 

pp. 2358-2374, 1996.

Openness in Adoption: Exploring Family 

Connections by Harold D. Grotevant and 

Ruth McRoy (Sage Publications, 1998). 

Provides a summary of the Time 1 findings from the Minnesota/Texas Adoption 

Research Project when the adoptees were 

4 to 12 years old. (Can be ordered through 

the MTARP website: http://fsos.che.umn.

edu/mtarp/default.html.)

“What Works in Open Adoption” by 

Harold D. Grotevant in What Works in 

Child Welfare, Edited by Miriam P. Kluger, 

G. Alexander and P. Curtis (CWLA Press, 

Washington, DC, 2000). Succinct summary 

of research on open adoption and a table 

outlining various studies on openness. (Can 

be ordered through the CWLA: www.cwla.

org/pubs/.)

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Openness in Adoption www.childwelfare.gov

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Information Gateway. Available online at www.childwelfare.gov/pubs/f_openadoptbulletin.cfm. PROS of 

Each 

Type of Adoption for the Involved 

Parties

CONFIDENTIAL ADOPTIONS MEDIATED (SEMI-OPEN) OPEN ADOPTIONS

No contact between birth and adoptive families. No identifying information is provided. Only nonidentifying information (e.g., height, hair color, medical history, etc.) is provided through a third party (e.g., agency or attorney).

Nonidentifying contact is made (via cards, letters, pictures) through a third party (e.g., agency or attorney).

Direct interaction between birth and adoptive families. Identities are known.

Birth 

Parents

Provides real choice for birth parents when compared to open adoption.Privacy. Some feel this provides a sense of closure and ability to move on with life. 

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Allows for some information transfer between birth and adoptive parents (and perhaps the child).Some privacy.

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Increased ability to deal with grief and loss. Comfort in knowing child’s well-being. Sense of control over decision-making in placement.Potential for more fully defined role in child’s life.Potential to develop a healthy relationship with the child as he or she grows.Less pain and guilt about the decision.May make the decision to place for adoption easier (compared to a contested termination of parental rights trial).

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Adoptive 

Parents

No need to physically share the child with birth parents.No danger of birth parent interference or co-parenting. 

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Greater sense of control over process. Roles may be more clearly defined than in either confidential or open options. Increased sense of entitlement compared to confidential adoptions.

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Increased sense of having the “right” to parent and increased ability for confident parenting.Potential for authentic relationship with the birth family.More understanding of children’s history. Increased empathy for birth parents. Less fear of birth parents reclaiming child because they know the parent and their wishes.Delight of being “chosen” as a parent.

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Adopted 

Persons

Protection from unstable or emotionally disturbed birth parents.

• Only true when relationship is “shared” with the adopted child

Genetic and birth history known.Birthparents are “real” not “fantasy.” Positive adjustment is promoted in adoptee.

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Direct access to birth parents and history.Need to search is eliminated.Identity questions are answered (Who do I look like? Why was I placed?).Eases feelings of abandonment. Lessening of fantasies: birth parents are “real.”Increased circle of supportive adults.Increased attachment to adoptive family (especially if the birth parents support the placement).Preservation of connections (e.g., with siblings, relatives).Lessens loyalty conflicts (according to recent research). Exposure to racial and ethnic heritage. Ability for evolving, dynamic, and developmentally appropriate account of the adoption.

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CONS of 

Each 

Type of Adoption for the Involved 

Parties

CONFIDENTIAL ADOPTIONS MEDIATED (SEMI-OPEN) OPEN ADOPTIONS

No contact between birth and adoptive families. No identifying information is provided. Only nonidentifying information (e.g., height, hair color, medical history, etc.) is provided through a third party (e.g., agency or attorney).

Nonidentifying contact is made (via cards, letters, pictures) through a third party (e.g., agency or attorney).

Direct interaction between birth and adoptive families. Identities are known.

Birth 

Parents

Less grief resolution due to lack of information about the child’s well-being.May encourage denial of fact that child was born and placed with another family.

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Loss of potential for direct relationship with adoptive family (and/or child). Increased grief in the initial years, less later.Loss of contact if intermediary changes or leaves (i.e., staff turnover, policy changes, or agency closings). Birth mother may feel obligated to place child due to the emotional or financial support given by the prospective adoptive parents.

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Full responsibility for setting relationship limits and boundaries.Potential abuse of trust (fewer safeguards).Potential disappointment if adoptive family cannot meet all expectations or needs. Birth mother may feel obligated to place child due to the emotional or financial support given by the prospective adoptive parents.

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Adoptive 

Parents

Allows for denial of “adopted family” or fertility status.Increased fear, less empathy for birth parents.No access to additional medical information about birth family. Less control: agency controls information.

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Loss of the full relationship with the birth parents.Lack of ability to have questions answered immediately.Potentially troubling cards, letters, or pictures.

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Full responsibility for setting relationship limits and boundaries. Potential pressure: accept openness or no child.Potential difficulty with emotionally disturbed birth parents. Potential for supporting both child and birth parents (emotionally).

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Adopted 

Persons

Possible adolescent identity confusion (unable to compare physical and emotional traits to their birth families).Limited access to information that others take for granted.Potential preoccupation with adoption issues.

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Similar to confidential adoptions, if information not shared with the adoptee.Potential perception that it is unsafe to interact with birth family directly.

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No clean break for assimilation into family, which some feel is necessary.Potential feelings of rejection if contact stops.Difficulty explaining the relationship to peers.Potential for playing families against each other.

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