The Evan B. Donaldson Adoption Institute Looks at the Rights of Birthparents

A recent report by the Evan B. Donaldson Adoption Institute found flaws in the adoption process when it comes to the rights of birthparents. Some of the problem stems from the fact that stereotypes of birthparents still prevail among adoption agencies today. In the report entitled Safeguarding the Rights and Well-Being of Birthparents in the Adoption Process it was found that biological parents are the "...least-understood and most-stigmatized participants in the process: the women and men usually termed "birthparents"."

The 68 page report included the following information:

• It is estimated that 135,000 adoptions are finalized annually; 13,000-14,000 of these involve voluntarily placed infants.

• Only 1/4 of the placing mothers are teens. Birthmothers today are mainly in their 20's and have graduated from high school. Many have other children, but feel they can't parent another child.
• A growing number of adoptions are open.
• 90% or more of the birthmothers today have met the adoptive parents and almost all of the remaining helped in the selection process through profiles.
• Most states do not require prospective placing parents to receive counseling or information about their rights or help in making informed choices on whether to place or parent.
• In some adoption arrangements the adoptive parents and the birthparents are represented by the same attorney.
• Birthmothers in closed adoptions or who felt pressured to relinquish struggle with chronic grief. The highest grief was experience by women who were promised contact only for the contact to be cut off. In the U.S. only 13 states have laws to enforce post adoption contracts.

Some of the recommendations include:

• Prospective placing parents should receive at least two counseling sessions prior to the making of a decision. These sessions will give the parents opportunity to learn about other options including parenting and different types of adoptive arrangements, such as ongoing contact.
• All states should establish legally enforceable post-adoption contract agreements. All states should also allow adult adoptees access to their original birth records.
• All prospective placing parents should have documentation of their rights as birth parents. This must be signed by all parties.
• Modify laws so that birthparents have a few weeks after birth before an adoption decision becomes irrevocable.
• More protection of birthfather's rights by making it mandatory for birthmothers to name the father whenever possible. Look toward establishing a national putative father registry. Putative father registries should also be used to help locate fathers, not shut them out.
• Further research should be done to learn about the needs and preferences of birthparents.
• Develop more post-adoption services to serve birthparents that would include counseling or mediation services to facilitate open-adoption arrangements.