- 21-Dec-2024
- Family Law Guides
Whether a child is entitled to know the identity of their biological parents in adoption cases depends on the type of adoption (open or closed) and the laws governing adoption in the relevant jurisdiction. The right to know one's biological origins is a complex issue that involves balancing confidentiality, the best interests of the child, and the right to access information.
In closed adoption, the identity of the biological parents is usually kept confidential, and the child may not have access to information about their birth parents after the adoption is finalized. Closed adoptions were more common in the past, with the goal of providing the child with a new identity and severing ties with the biological parents.
In many jurisdictions that practice closed adoption, adoption records are sealed and the child’s new family is legally considered the child’s only family. In this model, the child typically does not have access to the identity of the biological parents.
However, some countries and adoption systems allow for the release of non-identifying information (such as medical history or general background details) to the child or adoptive parents at a later stage, especially if the child requests it when they reach a certain age.
In an open adoption, there is more transparency between the adoptive family and the biological parents. The biological parents may remain involved in the child’s life after adoption, and the child may have direct contact with them or at least know their identity.
Open adoption agreements may vary widely, ranging from occasional communication to regular visits. Children in these cases generally know the identity of their biological parents and may maintain relationships with them depending on the terms of the adoption agreement.
Open adoptions are typically encouraged when the biological parents want to maintain some level of involvement in the child’s life, and it can provide the child with an opportunity to know their heritage and background.
In India, the Juvenile Justice (Care and Protection of Children) Act, 2015, governs the adoption of children, including both domestic and inter-country adoptions. The law does not automatically grant children the right to know their biological parents after adoption but emphasizes the best interests of the child.
Typically, Indian adoptions are closed, and the identities of the biological parents are kept confidential. However, the adoptive parents are given a medical and social history of the child, which may include details of the child’s biological parents (though not their identities).
Under the Hindu Adoption and Maintenance Act, 1956, a child adopted under this law does not automatically have the right to know the identity of their biological parents unless specified in the adoption agreement or if the adoptive parents disclose this information later in life.
In cases where the child may be harmed (e.g., abuse or medical conditions), adoption agencies may allow access to non-identifying information such as health records or medical history. Additionally, after reaching a certain age, children may petition the courts or the adoption authority to access their adoption records, depending on the prevailing laws and practices.
Countries that are signatories to the Hague Convention on intercountry adoption have guidelines for maintaining the best interests of the child in adoption processes. Some countries involved in international adoptions may grant children the right to know non-identifying information about their biological parents, though this varies.
In the United States, adoption laws vary by state, but many states now permit open adoptions where the biological parents can maintain contact with the child, and the child may know their identity. However, this is not universal, and in some cases, the adoption may be closed with limited access to information about the biological parents.
In some jurisdictions, children who were adopted in closed adoptions may petition the court for access to their adoption records when they reach adulthood. For instance, in the U.K., a child who was adopted can access non-identifying information about their birth parents after they turn 18.
The most important factor in determining whether a child will know the identity of their biological parents is the best interests of the child. Courts and adoption agencies will assess whether revealing this information could cause harm to the child or whether it would support the child’s development and well-being.
In cases where revealing the identity of biological parents is seen as beneficial to the child's emotional and psychological well-being, adoption agencies or the court may facilitate the disclosure of such information.
If the child is living in a stable environment with adoptive parents who provide a loving and supportive home, revealing the biological parents' identity may not be considered necessary unless the child specifically seeks that information.
Some children may feel a strong need to know their biological origins to better understand their cultural heritage or family background. In such cases, adoptive parents and agencies may work to balance the child’s desire for information with the rights of the birth parents.
Many adoption agencies, especially in the context of open adoptions, offer post-adoption services to both the adoptive and biological parents to facilitate contact and communication. These services can provide:
The privacy and confidentiality of the birth parents are key considerations in some adoption systems, particularly in cases where the biological parents wish to remain anonymous.
Adoptive parents may also have a say in whether their child is given access to the identity of their biological parents, especially in closed adoption systems.
The child’s emotional maturity and readiness to handle the information about their biological parents are important factors. Some children may not be ready to process or accept such information until they are older.
A child is adopted in a closed adoption in India, and the biological parents' identity is kept confidential. However, when the child reaches adulthood (18 years old), they have the legal right to petition the adoption agency or court for access to their adoption records, which might include non-identifying information such as medical history or background details.
A child is adopted in an open adoption in the United States. The biological parents remain in contact with the child, and the child knows their biological parents' identity. They may have regular visits and maintain an ongoing relationship, with the biological parents’ permission.
Whether a child is entitled to know the identity of their biological parents after adoption depends on the nature of the adoption (open or closed), the laws in the jurisdiction, and the best interests of the child. In open adoptions, children are typically given information about their biological parents and may maintain contact with them. In closed adoptions, the child’s access to such information is generally more restricted, but in some cases, children may gain access to non-identifying information later in life. Legal frameworks across the world vary on this matter, but the central consideration remains the child’s emotional and psychological well-being.
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