Adoption has transformed over the years, with societal attitudes shifting toward greater openness and transparency. One of the most crucial decisions in the adoption process is choosing between open and closed adoption—each shapes communication, relationships, and identity in different ways.
Let’s explore the key differences between open and closed adoption, shedding light on their impact on everyone involved.
Defining Open and Closed Adoption
Open Adoption
Open adoption allows for some interaction and communication between the adoptive family, birth parents, and, in some cases, the adoptee.
The extent of this contact varies—from occasional updates via letters or emails to regular in-person visits—often negotiated with the help of an adoption agency.
For example, birth parents may meet adoptive families before placement, exchange photos and updates, and foster an environment where the child grows up with a clear understanding of their biological roots.
This model has become increasingly relevant, particularly in domestic adoptions, as research suggests it aligns with modern values of honesty and openness.
Closed Adoption
Closed adoption involves no contact, with all identifying information sealed and records kept confidential.
The adoptive parents raise the child without involvement from the birth parents, and the child may only learn about their biological origins later through legal channels or DNA testing.
This model remains more common in international adoptions, offering a complete separation but limiting access to heritage and medical history.
Detailed Differences Between Open and Closed Adoption
The key differences between open and closed adoption include:
- Contact Levels: Open adoption fosters ongoing relationships, allowing communication between birth parents, adoptive families, and sometimes the child.
In contrast, closed adoption eliminates direct contact, maintaining privacy and confidentiality.
- Access to Information: Open adoption ensures that medical history, cultural background, and personal stories are shared, promoting transparency.
In a closed adoption, only non-identifying details are typically provided, with records sealed unless a court orders disclosure.
- Emotional Impact: Open adoption allows birth parents to witness the child’s growth, providing reassurance and emotional closure.
Closed adoption, while granting adoptive families full autonomy, can leave birth parents uninformed, potentially leading to long-term grief.
- Legal Aspects: Open adoption agreements vary in enforceability depending on jurisdiction, often remaining informal.
On the other hand, closed adoptions are legally binding and permanent, with state laws governing access to sealed records.
Key Legal Frameworks
The following are the statutory provisions in India providing for adoption laws:
1. The Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice Act, 2015 is a comprehensive law focused on the care, protection, and rehabilitation of children in need, including those who are orphaned, abandoned, or surrendered. It is a secular law applicable to children of all religions across India.
The adoption process under this Act involves registration with the Central Adoption Resource Authority (CARA), home study reports, child-matching procedures, and court approval. Section 57 mandates that all adoptions, whether domestic or international, follow a prescribed legal framework.
2. The Hindu Adoptions and Maintenance Act (HAMA), 1956
The HAMA, 1956 codifies adoption laws for Hindus, Buddhists, Jains, and Sikhs. While still in effect, its relevance has diminished due to the Juvenile Justice Act, 2015, which now oversees most adoptions, especially those involving state-run institutions. HAMA primarily applies to intra-family and community-based adoptions.
3. The Guardians and Wards Act, 1890
Unlike the other laws, this Act deals with guardianship rather than adoption. It is relevant for non-Hindus, as it allows them to appoint legal guardians for children but does not confer full adoption rights. Under this Act, children in foster care can sever legal ties upon turning 18, unlike those adopted under the Juvenile Justice Act, 2015.
4. The Passport Act & Foreigners Act
These laws play a crucial role in inter-country adoptions, ensuring legal recognition, travel documentation, and compliance with international adoption protocols, particularly under the Hague Convention on Intercountry Adoption.
Recent Developments
- 2021 Amendments to the Juvenile Justice Act streamlined the adoption process, addressing eligibility for single women and couples. However, single men and same-sex couples remain ineligible to adopt, highlighting ongoing debates on inclusivity.
- CARA’s 2024 report showed a 10% increase in adoptions, with 95% being domestic, reinforcing the Juvenile Justice Act’s dominance in regulating adoptions in India.
Advantages of Open vs. Closed Adoption
Advantages of Open Adoption
- For the Child: Open adoption provides a clearer sense of identity and origins, reducing feelings of abandonment. Studies suggest better emotional well-being, with research indicating that adoptive parents often perceive children as “better off” when some level of contact exists.
- For Adoptive Parents: Access to the child’s medical and family history helps ease integration, offering valuable insights into their background.
- For Birth Parents: Knowing about their child’s well-being provides reassurance, reducing guilt and emotional distress.
- Building Trust & Extended Families: Transparency fosters trust between birth and adoptive families, often creating extended support networks. Statistics show that 68% of private domestic adoptions involve some form of post-adoption contact.
Advantages of Closed Adoption
- For Adoptive Parents: Closed adoption offers security and full parental autonomy, free from external influences or potential interference. This can simplify parenting decisions.
- For the Child: It provides a stable environment, shielding them from potentially unstable or harmful birth family situations, particularly in cases of abuse or trauma.
- For Birth Parents: It allows for closure, helping them move forward without ongoing emotional complexities. In some cases, it protects them from social stigma, though this concern is less prevalent today.
- Boundary Clarity: With no ongoing contact, there’s no need to navigate complex family dynamics, which can be especially beneficial in international adoptions, where closed adoption models remain common.
Disadvantages of Open vs. Closed Adoption
Disadvantages of Open Adoption
- Unmet Expectations & Emotional Strain: Ongoing relationships can create unrealistic expectations for both birth and adoptive parents. Birth parents may feel sidelined, while adoptive parents may feel pressured to maintain contact.
- Potential for Conflict: Differences in parenting styles, boundaries, or expectations can lead to tension between birth and adoptive families.
- Emotional Complexity: Changes in the birth parents’ circumstances, such as mental health struggles or instability, can complicate relationships and increase emotional stress.
- Difficulty Maintaining Contact: Life changes—such as birth parents moving away, growing families, or shifting priorities—can make consistent communication difficult. Feelings of jealousy or exclusion may arise if one party perceives an imbalance in the relationship.
- Cultural & Socioeconomic Differences: Interactions can become challenging if birth and adoptive families have different backgrounds. If birth parents face addiction or mental health issues, ongoing involvement may risk instability for the child.
Disadvantages of Closed Adoption
- Identity Struggles for the Child: Growing up without knowledge of their birth family can lead to feelings of rejection, identity confusion, and unanswered questions. Studies suggest this can negatively impact a child’s self-esteem and emotional development.
- Lack of Medical History: Adoptive parents often lack access to crucial health records, making it difficult to manage potential hereditary conditions or genetic risks.
- Unresolved Grief for Birth Parents: Many birth parents experience lifelong grief, particularly as modern DNA testing and social media increase the likelihood of unexpected reunions, sometimes disrupting long-held privacy.
- Emotional Void & Search for Birth Relatives: As adoptees grow older, they may seek out their birth families, leading to emotional complexities and potential strain on adoptive family relationships, particularly if reunions are unexpected.
- Practical Challenges of Missing Medical Records: The absence of genetic health information becomes increasingly problematic as adoptees age, especially when facing hereditary conditions. Meanwhile, birth parents may suffer from regret or depression without a clear way to find closure.
Conclusion
Choosing between open and closed adoption is very personal. Open adoption fosters connection and transparency, while closed adoption ensures privacy and simplicity. Many families now adopt a hybrid approach, combining the benefits of both. What matters most is that the child grows up in a loving and stable environment.
At Kaleeyantey Law Firm, we provide expert legal guidance to help you navigate this important decision. Contact us today for support on your adoption journey.
