Open versus closed adoptions in Illinois
On January 1, 2005, New Hampshire became only one of five states where new legislation made it possible for adults who were adopted to see their original birth certificates for the first time.
Rather than following the long-standing tradition of keeping the names confidential, the names of one or both biological parents are now accessible to the child without obtaining a court order.
Illinois and most other states have long favored "closed" adoptions where the adoptive and birth parents are not in touch after the adoption. On January 1, 2005, however, Illinois made history of its own when a new law was enacted that allows court-appointed intermediaries to do extensive records searches on behalf of adoptees.
In addition to closed adoptions, some are "open," meaning that the adoptive and birth parents know each other and remain in touch after the adoption. Also, there are numerous options available between open and closed adoptions. The degree of openness in an adoption is determined by the parties involved and may be quite complex. Most importantly, all expectations regarding openness and the role both sets of parents should play, should be clearly communicated and understood by the parties involved.
Adoption facilitators or attorneys can assist in ensuring the most secure adoption plan in the best interests of the child.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.