For three years, the courts battled the case and the child remained in the home of the adopted parents throughout (ABA, 6). When the child was three, the courts ruled the adoption was not legal, since the father had not relinquished his rights, and the child was returned to the biological father (ABA, 7). This case shows clearly the emphasis placed on the biological parent's rights, even at the expense of the adoptive parent's rights. In addition to the right to revoke consent, the biological parents also, in many states, have a right to seal adoption records to ensure privacy. In most cases, non-identifying information is available to adoptive parents and adoptees at age 18 or 21. However, any identifying information is generally withheld. According to the court system, this confidentiality is vital to the adoption process, in that it serves to avoid any psychological confusion that may occur as a result of discovering the identity of biological parents (Hollinger, 51).

The problem, clearly, for adoptive parents, is the lack of information that may be vital to the welfare of the child. In over 10 states, any information about the biological parents is sealed until the child is 18 or older. In some cases, this may present a severe problem for adoptive parents, in that vital health information, such as genetic diseases, mental illnesses, or other forms of health issues may not be available. However, since many of these issues arise before the age of 18, the adoptive parents clearly have a disadvantage.

In addition to consent revocation and anonymity, all but five states also allow the birth parent to assist in the placement of the child. In some states, this merely involves allowing the biological parent to request adoptive parents with similar race, religion, or cultural heritage. In other states, however, biological parents are allowed to make direct placement of the child. The problem, however, is that there is no consistent criteria for the degree of supervision such placements should entail (Hollinger,...

If the biological parents are allowed to choose the race, religion, or heritage of adoptive parents, there is a risk that qualified, able potential parents could be overlooked in favor or more traditional individuals who may actually not be as fit as parents. Again, this trend shows clearly the rights of the biological parents often outweigh those of the adoptive parents.
There can be no question that biological parents in the United States have far more rights during and after the adoption process than those of the adoptive parents. Biological mothers are allowed to revoke consent up to 30 days after birth, and even longer afterward, in some cases. They are allowed to reap the rewards of an open adoption process, and still decide to revoke consent. Biological fathers can contest adoption for many months following the process. Adoptive parents in many states have no way to discover vital health information, due to an effort to protect the right of biological parents to privacy. Finally, the biological parents are even beginning to have a voice in who adopts their child. While the adoptive parents clearly have a desire to have rights when it comes to their adoptive child, it is clear the rights of biological parents are valued higher by the court system today.

References

American Bar Association. "Chapter 6: Adoption."

The ABA Guide to Family Law. New York: Random House Reference, 1996. 1-13.

Groza, Victor. And Rosenberg, Karen. Clinical and practice issues in adoption: bridging the gap between adoptees placed as infants and as older children. Westport, Connecticut: Praeger, 1998.

Hollinger, Joan H. "The Future of Children." Adoption 3.1 (1993): 43-61.

National Clearinghouse on Child Abuse and Neglect Information. Grounds for Involuntary Termination of Parental…