Legal Definitions - confidential adoption

A confidential adoption, also known as a closed adoption, is a legal process where the identities of the birth parents and the adoptive parents are kept private from each other. In this type of adoption, there is typically no direct contact or exchange of identifying information between the birth family and the adoptive family, either at the time of the adoption or at any point in the future. The adopted child usually does not have access to identifying information about their birth parents until they reach adulthood, and even then, access may be restricted depending on the laws of the jurisdiction and the original adoption agreement.

• Example 1: Sarah and Mark adopted their daughter, Lily, through a private agency. Both the birth mother and Sarah and Mark explicitly requested a confidential adoption. This meant that the birth mother's name and contact information were not shared with Sarah and Mark, and vice versa. The agency facilitated the legal process without any direct communication or future contact between the two families.

  Explanation: This illustrates a confidential adoption because the identifying details of both the birth parents and the adoptive parents were kept private, and there was no provision for future contact or information exchange between them.

• Example 2: David, now 35, was adopted as an infant. Growing up, he knew he was adopted but had no information about his birth parents. When he decided to try and learn more about his biological family, he discovered that his adoption records were sealed due to a confidential adoption agreement made decades ago. He faced significant legal hurdles in trying to access any non-identifying information, and identifying information was completely unavailable without a court order based on compelling circumstances.

  Explanation: This example demonstrates a confidential adoption because the records containing identifying information about David's birth parents were sealed and inaccessible to him, reflecting the original agreement to maintain privacy and prevent contact.

• Example 3: Maria, a young woman facing an unplanned pregnancy, decided to place her baby for adoption. She specifically chose a confidential adoption to ensure complete privacy and to avoid any future contact or emotional ties with the adoptive family. She provided non-identifying medical history to the adoption agency but requested that her name and any other personal details be permanently withheld from the adoptive parents and the child.

  Explanation: This scenario highlights a confidential adoption from the perspective of a birth parent who desires absolute privacy and no future interaction, ensuring that her identity remains unknown to the adoptive family and the child.