Attorneys'
Investigative Consultants
This document contains information on State laws
regarding access to adoption records, which can be used as a
starting point for further research. The Adoption Specialist
in the State where the adoption was finalized will be able
to provide information on current State statutes and
regulations regarding the release of information contained
in adoption records. To locate a State Adoption Specialist,
call the Clearinghouse or use the online directory available
at
http://www.calib.com/naic/database/nadd/naddsearch.cfm,
which lists contact information for State Adoption
Specialists. (Select the State where the adoption was
finalized from the drop-down box at the top of the screen,
then click on the box in front of "State Adoption
Specialist," and scroll down to click the "Submit Search"
button to obtain the name and address of the State Adoption
Specialist.)
Unless otherwise noted, adoption records in each State
are sealed after the adoption is finalized. Sealed adoption
records can only be inspected with court approval. In some
States a petitioner must prove "good cause." States usually
define "good cause" in statute, but case law decisions may
also affect how the term is interpreted in subsequent
judicial rulings.
State laws vary considerably in how information is
obtained, which parties are allowed access to information,
and the type(s) of information released. Non-identifying
information is descriptive social and medical
information from the adoption records but omits details that
could be used to positively identify any person who is a
party to the adoption. A few States restrict non-identifying
information to the adoptee's medical history. Identifying
information includes the names of birth parents, their
birth dates, and possibly addresses contained in court
files, in addition to non-identifying information.
Restricted access may depend on the adoptee's date of birth
or whether the birth parents have filed a consent for
release of information or a request for non-disclosure. Only
Alabama, Alaska, Kansas, Oregon, and Tennessee routinely
provide an uncertified copy of the original unaltered birth
certificate to adopted adults. Some States allow restricted
access to birth certificates (subject to birth parent veto,
or restricted to adoptions completed before or after a
specified date).
Registries allow parties to the adoption to consent or
not to consent to have their identifying information
released. Passive registries, also called mutual
consent or volunteer registries, depend on both parties
registering, a match being found, and the follow-up
notification by a registry administrator. Active
registries require one party to register. A designated
individual is then assigned to contact those persons being
sought and determine their wishes for the release of
information. Confidential intermediaries, assigned by
the courts, have access to sealed adoption files for the
purpose of conducting a search. They make contact with each
party and obtain each person's consent or denial for the
release of information.
In an affidavit system, parties can give prior
written permission affirming their consent to the release of
identifying information. A veto is a document in
which one party registers his or her refusal to be contacted
or for release of his or her identifying information. Some
States may have provisions for a contact veto
permitting a party seeking information access to identifying
information, including an original birth certificate, but
prohibiting contact between the parties. Most States allow
an adoptee to petition the court to receive
identifying information.
