In the Matter of the Adoption of Anthony,
448 N.Y.S.2d 377 (1982)

Facts: Anthony was bom in 1969. His putative father died eight months later. Subsequent to the death of his father Anthony's mother married Robert. Anthony was first placed in a shelter about six months after birth and when he was 18 months old he was placed with his present family. Five years later the parental rights of bom the mother and her husband were terminated. All three of Anthony's older birth siblings were placed with and adopted by the same foster family. That family was unable to accommodate another child and Anthony was placed in his present home. Despite the separation, Anthony maintained contact with his older siblings. At his adoption hearing it was found mat mis relationship should continue but the court ordered mat it be made part of the adoption order itself This appeal resulted.

Issue: Is an open adoption permitted if it is in the best interests ofthe child?

Holding: Yes. In the past, the typical adoption involved an infant who had no previous relationship or contact with his birth family. Significant social changes have occurred so that the number of infant adoptions has decreased while the number of older children adoptions has increased, both from the lessening of social stigma of illegitimacy and the increase in divorce and remarriage. Many older children know and have lived with their birth siblings, both in cases of adoption of children who have been in foster care and in cases of stepparent adoption. In such cases an alternative to traditional adoption may be more appropriate when the law can assure permanency of the adoptive relationship and continue contact with the birth siblings.

Analysis:The adoptive child was placed into the foster care system at an early age, but continued to have contact with his biological brothers and sisters. This contact was encouraged and supported by the Children's Aid Society (society) and the adoptive parents. The society believed that the contact should be continued on an informal basis or that a letter of consent from the adoptive parents be attached to the order.