Christina T. Sherman, PLLC, is Washington State’s family formation and adoption law firm. Our practice focuses on a wide range of legal issues specific to adoption, surrogacy, assisted reproduction technology, and minor guardianship. Many clients come to our firm because we can guide them through the process of adopting a new child to join their family. This includes advising them on whether to pursue an open or closed adoption in accordance with Washington law.
What Is an Open Adoption in Washington State?
An open adoption is essentially one where the adoptive parents and their child maintain some degree of communication with the birth parents. This typically means that identifying information is shared between the adoptive parents and the birth mother. In Washington, parties to an open adoption can also sign an open adoption agreement, which serves as a contract between the adoptive and birth parents regarding their relationship after the adoption process is completed.
Open adoption is not a “one-size-fits-all” model. In some cases, there may be an exchange of identifying information and thereafter the birth mother and adoptive parents only maintain limited contact. But an open adoption agreement may also contemplate a more regular exchange of contact and updates with respect to the child. For example, the adoptive parents may agree to send regular updates and photos to the birth mother. The child may even have regular calls or visits with their birth parents.
What Is a Closed Adoption in Washington State?
In contrast to an open adoption, a closed adoption is one where the birth mother and the adoptive parents do not exchange any contact or personal identifying information. Indeed, there is little if any direct contact between the parties before or after the adoption. When the adoption is handled through an agency, the birth mother will typically see profiles of prospective adoptive families that excludes any identifying information. Any pre-adoption contact between the parties is then handled through an intermediary, such as an adoption attorney or adoption specialist.
Benefits and Drawbacks of Open Adoption
Open adoption can have many positive benefits for all parties involved. Here are a few examples:
- Medical Information: If the child has any medical conditions that may be the result of an inherited trait or genetic abnormality, having an open adoption can make it much easier to communicate with the birth parents regarding these types of issues. The birth parent can more easily communicate any family health information. Similarly, if the birth parent was unaware of the genetic trait or abnormality, they may learn about the issue through communication with the adoptive parents.
- A Sense of Identity: An open adoption allows the child to develop a deeper understanding of where they came from, which in turn can make them feel more secure in their adoptive family.
- Peace of Mind: Many birth parents struggle with their decision to place a child for adoption. Even if they do not regret their decision, they still want to know the child is with a good family. An open adoption can help put their mind at ease.
On the other hand, open adoption is not for every adoption situation, as there can be drawbacks:
- Moving On: A birth mother always deals with a sense of grief and loss following an adoption. For some birth mothers, maintaining any form of contact with the child and adoptive parents will only make it more difficult for them to deal with this grief and move on with their lives.
- Confusion: While an open adoption can provide a child with a stronger sense of identity, in some cases it may also lead to confusion, particularly with younger children who may struggle to understand who are their “real” parents.
Benefits and Drawbacks of Closed Adoption
The most significant advantage of a closed adoption is privacy for all parties concerned. It can also provide birth mothers with a greater sense of closure. The adoptive parents may also feel a closed adoption is simpler, as they do not have to figure out how to incorporate the birth mother or birth parents into their family.
Conversely, closed adoption can lead the child to struggle with their sense of identity and make them less secure in their relationship with their adoptive parents. As the child gets older, they may try to seek out their birth parents, which can be difficult in the case of a closed adoption. The child may also not have access to any genetic or hereditary medical information that may benefit them in the future.
Contact Washington Adoption & Family Formation Lawyer Christina T. Sherman Today
When it comes to open or closed adoption, there is no universally correct answer, only the right answer for a given adoption situation. An experienced Washington adoption and family formation lawyer can advise you of your options and help you put together an adoption plan that will work for you and your family. Contact the offices of Christina T. Sherman, PLLC, today to schedule a consultation. Our firm handles the full range of adoption cases in Kirkland, King County, and throughout the surrounding region in Washington.
