Up until the early 1970s, adoption flourished in the United States. In 1970 alone, there were 175,000 adoptions---all cloaked in secrecy, according to The Adoption History Project at the University of Oregon. Records were permanently sealed. Birth parents could not obtain information about the child they gave up, and adoptees could not learn anything about their birth parents. Then legal challenges and dramatic social changes forced Ohio to re-examine long-standing legal traditions.
Advent of Open Adoption
Open adoption is one result of that re-examination. The exact definition of an open adoption varies somewhat from state to state. In an Ohio open adoption, the birth parents and adoptive parents choose not to conceal their identities. Often, the parties will meet before the adoption. The legalization of abortion and the removal of many social taboos regarding unwed childbirth create a shortage of children available for adoption. So much so that some birth parents interview several candidates and ultimately choose their child's future family.
Applicable Adoption Laws
If you decide to enter into an open adoption, compliance with all applicable Ohio adoption laws is necessary. That includes a home study by a qualified assessor and the use of an adoption agency or an attorney. You and the child you are adopting will appear in court at least once before the adoption is finalized. The child's original birth certificate is sealed, and a birth certificate listing you as the parent is issued.
Pre-adoption Agreements
In open adoption can only occur in a non-relative adoption. The person or persons giving the child up for adoption can enter into an arrangement with the adoptive parents regarding exchange of information, visitation rights or other agreements, but it is not binding. Once the adoption is final, the adoptive parents have full legal authority. They do not have to live up to any pre-adoption promises.
Open Adoption Records
Since September 1996, the records of all Ohio adoptions are open, unless the biological parents specifically requested their identities remain confidential. Even if that information is denied, the adoptee and the adoptive parents are generally entitled to the biological parents' medical history. For adoptions before that time, adoptees can only get their records if a biological parent or adult sibling gives permission.
Ohio Adoption Resources
An open adoption can offer peace of mind, but whether you are the birth parent or the adoptive parent, it is critical to know the rules as they apply to you. Do not proceed until you have received advice from a qualified agency or an attorney familiar with Ohio adoption laws. Several public and private resources provide valuable information.
