Maybe you’ve heard of private adoptions and you’re wondering: just how private is a private adoption? Most of the adoptions through Heimer Law are private adoptions…but we think maybe that doesn’t mean what you think it does. A private adoption is an adoption arranged between birth parents and adoptive parents. It’s arranged privately between the parents with the help of an adoption lawyer. That is the private part. A public adoption in Arkansas would be an adoption of a child in foster care, arranged through the public system of The Division of Children and Family Services (DCFS), part of the Arkansas Department of Human Services (DHS).
There’s a sense in which a public adoption is more public than a private adoption. Not only is it arranged through a public agency, it’s also likely to have more people in the know. This is because the child’s foster parents and possibly foster siblings as well will probably know, and the DCFS staff will know. A private adoption can be arranged between a birth mom and an adoptive mom and an adoption attorney. That’s a smaller pool of people who happen to know. In both cases, the judge will know, as will any court workers present, but the records will be closed.
An adoption is not a matter of public record
Some legal events are public. Naturalization as a citizen, arrests and convictions, civil cases, births and deaths, mortgages and sales of real estate, marriages and divorces, and even business licenses are all public records. Anyone can request and examine these records.
Adoption records are closed. Birth and adoptive parents can see them, adoptees can see them when they reach adulthood, and they can be requested by someone able to show cause that they should be able to retrieve the information. This is true for both public and private adoptions.
So a private adoption isn’t really about privacy?
It really isn’t. However, there is a type of adoption that is private not in a legal sense but in the sense of the original question. That is, it’s a discreet, confidential adoption. A closed adoption allows a birth mom to relinquish her baby for adoption without sharing any personal information with the adoptive parents. An expectant mom can make her adoption plan for a closed adoption just as she would for an open adoption, except that she cannot plan for continued contact with the child.
So the question is not really “How private is a private adoption?” The question should be, “How private is a closed adoption?” The answer is: it’s very private.
Open adoption plans can range from fairly discreet to very open. For example, you might share your first name and some information about your background and ask the adoptive parents to send you photographs once a year. Or you might be invited to holiday celebrations with the adoptive family and introduce them to your own family and friends. It’s up to you.
A closed adoption is intended to be discreet. There are many reasons that a woman might choose a more discreet adoption plan. Perhaps she’s married and has a baby at home but doesn’t feel able to parent another child. She may feel that this will be easier for her if she limits her contact and connection with the child. Or she may be in the public eye and worried about the professional consequences of an unplanned pregnancy. It may be a practical or an emotional decision. It’s up to the birth mom to choose the best outcome for herself and her child.
Heimer Law specializes in adoption and is ready to help you understand the different options for your adoption and to help you discover the best plan for you and your child. Contact us for a free consultation.
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