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Should adopted children have a right to contact their biological parents?
Introduction
Child adoption is a predominant phenomenon that has been in practice multiple years ago. Normal life circumstances may cause the separation of children and their biological parents. The Children Unit takes most children in the United States who are perceived to be mistreated for foster care adoption. In another instance, cases of divorces that cause separation of the parents may lead to the children’s adoption. Based on the information provided by the Child Welfare Information Gateway, half of the adopted children do not know their parents, and half the number of those adoptees who have no information about their parents usually look for them (Annalisa 58). In the present proposal argument, the presented topic has triggered many discussions and debates on various platforms. Of significant to note, most children have gone undergo traumatizing situations, while others have suffered depression due to separation and the desire to meet their parents. The present argument will offer a profound analysis of whether the adopted children can contact their biological parents.
Should Adopted children have the right to contact their parents?
Annalisa (69) highlight that the question on whether the adopted children are endowed with the right of contracting their parents depend on the kind of relationship agreed upon by adopting entities and the biological parents of the children. In a further exposition of this argument, some adoption arena supports a general movement that aims to create transparency and respect the origin of the parents. In recent adoption, most children’s homes employ open adoption, nurturing the relationship between the child and her biological mother. On the contrary, Annalisa (72) points out that the rule of no- contact veto in advance should come into play since most parents may fear giving out their children if they are confident that the children will look for them later in life.
Based on profound research on the present argument, children have no right to contact their biological parents. Some adoption arena curtails this right due to a lack of accurate information about the child’s background and the restrictions by-laws regulating adoption. In most circumstances, adopted children may wish to know more about their parents or even set their eyes on them. As Gallagher (67) pointed out, the desire of the children to know their origin has been balanced with the right of the parents giving out their children for adoption. Parents who sign the no- contact veto in advance during the adoption process curtail their children’s right to contact them. Such an agreement has to be respected to avoid any litigation that may result from the contract’s breach.
Under this agreement, the law does not reveal the parents’ identity however much the child may wish to access such information. Based on the disclosure of the essence as a result of the law’s provision, the chidden rights may get confined, and they may not live to contact their parents in eternity. Nonetheless, Gallagher (79) argues that such provision is a violation of the children’s right to get their parents, which may be quite essential for their identity.
Does the right exist?
It is crystal clear that a lack of information about biological parents may cause a lot of stress and may lead to stress disorders that may negatively impact the adopted children’s success and well-being. Nonetheless, Gallagher (118) highlights that children have no legal right to contact their biological parents, as provided by sections of the laws regulating children’s adoption. It is also essential to consider that the adoption’s final decree is to terminate all the legal relationships between the adopted children and their natural relatives. In light of this argument, the natural relatives include biological parents and other close relatives. Such a right does not exist because adoption creates an opportunity for the children to have new life and begin a journey of transformation from the former struggles and mistreatment that children underwent.
Moreover, through such arrangement, the rule of adopting require the children to be strangers to all relatives, so that the old memories of the past miserable lives that resulted in adoption may completely get ignored. As further pointed out by Kuswanti, Etik & Khisni (785), when parents consents to child adopting, they completely lose their legal right of visitation. This because such requests are wholly terminated by the parents when they sign the consent form. Similarly, the children’s rights to contact their parents also get correspondingly terminated when they sign the form. Thus ending parents’ rights also signifies the ending of their children’s rights. Lack of legal rights for the children is also supported by the public policy on the children’s adoption.
In this regard, the public policy supports a complete severance between the biological family and the adopted children. This kind of severance is vital since it caters to the children’s interest and reduces interruption instances that may result from a past life. Moreover, the statutory declaration of America favors the adoptive family and tends to ignore the biological family (Kuswanti, Etik & Khisni, 787). Nonetheless, in circumstances where conflict arises between the biological family and the adoptive family, the court may consider the family’s side that cares for the children. However, minimal chances of winning the case are availed for the biological family.
On the other hand, Kuswanti, Etik & Khisni (788) highlight that adoptees, after attaining the age of majority, are likely to become free and begin searching for their parents. Worth noting, such search may not be done concerning the court order or in pursuit of an individual right, but through professionals’ use. Additionally, parents who initially signed the consent agreement of the no- contact veto in advance have no legal rights to stop the search by the older adoptees. However, such an investigation is hugely discouraged due to its damaging effects on the biological family. Besides, it may trigger ancient memories of painful moments or times when numerous problems had befallen the natural family.
The other reason why the right to communicate with the biological parents is limited is due possibility of creating a hostile relationship between the adoptive family and the biological family. This kind of hostility my get generated based on the misinformation by the biological family on how their child is getting nurtured. Through such type of hatred, the primary goals of the adoption may not wholly get realized. In another instance, Brett (26) claims that most adoptees who look for their parents are influenced by the intense emotions to find out the reasons for their adoption. In this regard, if the children are given a chance to contact their parents, then it would not be possible for them to stay with their adoptive family.
Nonetheless, in a situation where the parents consent to the disclosure of information, the adoptees may receive vital information regarding their parents. This can be done by the parents filing a withdrawal of consent form with the children’s department and the court (Brett, 46). The court will then order for the release of such information. Conversely, this does not signify any legal right for the adoptees.
Counter Argument
The above-stated position can be refuted based on the children’s suffering while trying to trace their origin. Concerning this argument, the children should be given a legal right to contact their biological parents for multiple reasons. First, it signifies a chance for the adoptee to establish a sense of belonging and identity. Most adoptees have lived hopeless lives while trying to trace their family background (Brett, 54). This is because the court curtails their right to information pertaining to their biological family. Sad note most adoptive families’ weight until the adopted children’s parents are dead. Then they disclose the information relating to the parents. Secondly, the children should be given the opportunity of reuniting with the family after a particular period under consideration.
Moreover, they have the right to be with their biological parents, who are given a legal mandate by the constitution to take care of them. Thus the denial of such contact may make them feel anger, betrayal, and life disappointment. That said, there is no illegality in adoptees’ actions of looking for their biological parents. Another reason why contacting biological parents is necessary is the possibility of establishing a long-lasting relationship and bonding with the biological family (Brett 79). Under this instance, children who frequently talk with their biological parents will often obtain the right information about why they are adopted and be given the hope of reuniting. This kind of scenario may reduce the level of stress and depression that the adopted children may undergo due to a complete lack of knowledge of their biological parents.
Conclusion
The adoption of children is a practice that has existed for an extended period. The Children Unit takes most children in the United States who are perceived to be mistreated for foster care adoption. Besides, children whose parents separate because of divorce are taken for adoption. However, adopted children have no legal right to contact their biological parents. The first reason is the provision of adoption laws, which requires termination of all the legal relationships between the adopted children and their natural relatives. Secondly, the rule of adopting needs adopted children to be strangers to all their relatives, so that the old memory of the past miserable lives that resulted in adoption may completely get erased.
The other reason is the possibility of creating a hostile relationship between the adoptive family and the biological family. This kind of hostility may get generated based on the misinformation to the biological family on how their child is getting nurtured. On the other hand, children should be given a legal right to contact their biological parents to establish a sense of belonging and identity.
Work Cited
Cocco, Annalisa. “Do Adopted Children Have a Right to Know Their Biological Siblings?” Italian LJ 4 (2018): 53-191.
Furst, Brett. Attachment to Biological Parents and Its Impact on the Severity of Substance Use in Adopted Individuals. Diss. Alliant International University, (2019): 17- 78
Kuswanti, Etik, and Akhmad Khisni. “Juridical Review of Agreement and Adoption Law due For Adopted Children When Adopted Parent Lift Divorce.” Jurnal Akta 5.3 (2018): 783-798.
Lupack, Patricia Gallagher. “Sealed Records in Adoptions: The Need for Legislative Reform.” The Catholic Lawyer 21.3 (2017): 16- 115.
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