Access to Adoption Records

Individual states have different statutes regarding the rights of adopted adults, birth parents, adoptive parents, birth siblings and birth relatives to gain access to identifying and non-identifying information about the adoptee or birth relatives. Although many states use similar procedures, the laws and process surrounding access in any one state will be unique. This fact sheet is intended as a guide to help define applicable legal mechanisms and to summarize the ways various states currently use these mechanisms. Those wishing to access records are encouraged to investigate the laws in their particular state.

A State-by-State listing containing access information and registry information is provided.
A listing of State statutes Webpages addressing access records is also provided.

Identifying and Non-identifying Information Non-identifying Information

Non-identifying information is generally restricted to descriptive details about the adopted adult and the adopted adult's birth relatives. Policies on what information is collected varies from state to state along with the maintenance and disclosure of the information. The information can include any of the following: date and place of the adopted adult's birth; age of the birth parents and a description of their general physical appearances; the race, ethnicity, religion, and medical history of the birth parents; type of termination; facts and circumstances relating to the adoptive placement; age and sex of children of the birth parents at the time of adoption; educational levels of the birth parents and their occupations, interests, skills; any supplemental information about the medical or social conditions of members of the birth family provided since the adoption was complete. Medical history is only rarely updated, making the information as old as the adopted adult.

Past records may contain very sparse information due to hesitancy of birth mothers to disclose information or the lack of importance that was given to this information by adoption agencies, private facilitators, and lawyers. Recently there has been an improvement in the collection of the material due to the realization that such information may be vital to the adopted adult. This has also led to recent statutory requirements for the collection and sharing of background information. Unfortunately, statutes typically do not impose any specific liability on public employees and public or private agencies for failure to disclose non-identifying information except in cases of intentional misrepresentation and failures to disclose information about a child's condition or medical history to the adoptive parents.

Adopted adults can access their non-identifying information in all states except in the District of Columbia, Louisiana and New Jersey.
Adoptive parents can receive non-identifying information about the birth parents after placement in all states except Colorado, Connecticut, the District of Columbia, Idaho, Kentucky, Louisiana, Maryland, New Jersey, New York, and Virginia.
Birth parents can access non-identifying information in these States: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Maryland, Michigan, Minnesota, Montana, New Mexico, North Dakota, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and West Virginia.

Identifying Information

Identifying information is considered to be data which may lead to positively identifying an adopted adult, birth mother, or birth father. Names, addresses, and dates contained in court records or submitted to the State Department of Vital Statistics are usually considered identifying information.

Listed below are several ways that triad members can obtain identifying information according to their state laws.

Original Birth Certificate

An adopted adult 18 or older has automatic access to their original birth certificate only in Alaska, Kansas, and, in some cases, Ohio, Tennessee, and Montana. Access in these states depends upon which year the adoption was finalized.

Registries

Registries allow adopted adults, birth parents, and sometimes birth siblings and adoptive parents to consent or not to consent to have their identifying information released. Registry procedures vary greatly from state to state. In some states the registry is centralized by the state, and in others it operates across the state through the agencies or courts that handled the adoption. Some states will not release information to a requesting party if the other party is deceased, or information will not be released if the adopted adult has not received the permission of the adoptive parents. In many states, information about the registry must be requested in writing, accompanied by proof of identification.

Passive registries, also known as mutual consent or volunteer registries, require both parties to register their consent for release of information before a match can be made. Once a match occurs, both parties are notified. These systems depend on both parties registering, a match being found, and the follow-up notification by a registry administrator. Many times parties are not aware of the registry or that they are able to consent to the release of their identifying information. Passive registries in the United States currently have a match rate of about 10%.

STATES WITH PASSIVE REGISTRIES
Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Nevada, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont
West Virginia, Wisconsin.

Active registries do not require that both parties register their consent. Once one party is registered a designated individual (often an agency or court representative) is assigned to contact those persons being sought and determine their wishes for the release of information. These registries have a match rate of between 50-90%.

STATES WITH ACTIVE REGISTRIES
Connecticut, Indiana, Kentucky, Minnesota, Nebraska, New Jersey, Oregon.

These registries can take on many different forms. Listed below are four examples of active registry mechanisms.

Search and Consent
Search and consent procedures authorize a public or private agency to assist a searching party in locating a triad member to determine if they consent to the release of identifying information or to meeting with the requesting party. If consent is given the disclosure of information may then be authorized by the court. In many states counseling is required before information is received.

Confidential Intermediaries
Confidential intermediaries are state employees or volunteers sanctioned by the courts, and have access to sealed adoption files for the purpose of conducting a search. The confidential intermediaries are hired by the inquiring party to conduct searches for an adopted adult or birth parent, make contact with each party, and obtain each person's consent or denial for the release of information. Depending on the particular laws of the state contact maybe attempted once, after a specific time period, or the file may close permanently if the party that is being sought is not found.

 

STATES WITH CONFIDENTIAL INTERMEDIARIES
Alabama, Arizona, Arkansas, Colorado, Illinois, Indiana, Michigan, Minnesota, Montana, New Mexico, North Dakota, Oklahoma, Oregon, Virginia, Washington, Wisconsin, Wyoming

Affidavit System
In an affidavit system parties can give prior written permission affirming their consent to the release of identifying information by placing an affidavit detailing that permission in the adoption file. This written permission may sometimes be referred to as a consent, waiver or authorization form. The affidavit system is many times used along with the search and consent system.

Veto System
A veto is a document filed by one party to the adoption in which they register their refusal to be contacted or for release of their identifying information. In an access veto or nondisclosure request system, an adopted adult may receive identifying information about another party if no veto is on file. 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.

 

STATES WITH ACCESS VETO OR AFFIDAVIT SYSTEMS
Alabama, California, Delaware, Hawaii, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Ohio, Oklahoma, Vermont, Washington, Wisconsin

 

STATE WITH CONTACT VETO
Tennessee

Court Orders

Most states in which the adoption records are sealed allow an adoptee to petition the court to receive identifying information. In these cases "good cause" must be proven to the court for the information to be given. The definition of good cause varies widely depending on the judge or state. Variations may include: good cause as demonstrated by clear and convincing evidence, good cause shown in exceptional cases, a showing that the release of information is in the best interest of the child or the public, health or medical reasons, a showing of compelling reasons, or a showing that disclosure would be of greater benefit than non-disclosure.

• Alabama's statute lets parties with a "compelling need" for medical information petition the court for permission to make contact in order to get that information.
• The District of Columbia seals all adoption proceedings, and makes no provision for releasing any information to any party except by order of the court.
• Illinois allows adoptive parents to ask the court to appoint a confidential intermediary to locate birth parents to request information necessary for medical treatment for the adoptee.
• Iowa requires to show "good cause," but the court may deny the request for information if releasing it may harm a minor sibling.
• Kentucky allows the adopted adults to petition the court to open closed records if the birth parents are missing or deceased.
• North Carolina requires a court order to release identifying information.
• Virginia will release identifying information if "good cause" is shown.

 

Special Cases

In many states, new adoption laws are only proactive- that is, the law only affects the adoptions finalized after the date of the passage of the new law. This leads to the existence in many states of hybrid rules, where the laws surrounding access are different depending on the date of finalization. The variations of these are listed below.

• Hawaii: The State utilizes a "notice and consent" provision for adoptions before 1991, where parties being sought are sent notice through certified mail. If the party does not respond, confidentiality is assumed to have been waived, and identifying information is released. For post-1991 adoptions, an access veto system is in place.
• Indiana: Those whose adoptions were finalized through 1993 are serviced through an active registry system, while post-1993 are subject to an access veto system.
• Michigan: The State system combines access veto, passive and active registry systems. Use of these plans is determined by the date of termination of parental rights, with division between those whose rights were terminated before 1945, between 1945 and 1980, and after 1980.
• Montana: The State passed a bill allowing those born before 1967 to obtain their original certificates. Those born between 1967 and 1997 must go to court to obtain their records. Those born after October 1997 will have access to their original birth certificates unless a birth parent has filed a non-disclosure request.
• Nebraska: An access veto system applies for adoptees placed after 1988. For adoptions prior to that date, there is an active registry. A birth parent registry, to which affidavits may be submitted, also exists.
• Ohio: Ohio has different access provisions for pre-1964 adoptions, adoptions finalized from 1964-1996, and those finalized after 1996. Pre-1964 adoptees have full access, an affidavit system is in place for adoptions 1964-1996, and access veto system applies to post-1996 adoptions.
• Tennessee: The State enacted a statute in 1995 granting access to all records to those adopted before 1951, and providing a contact veto system for other adults starting in 1996. As of April 1998, the statute is under an injunction and is being appealed to the Tennessee Supreme Court.

 

Legislative Activity

Below are current legislative activities or recently passed legislation regarding access to adoption records

Arkansas: House Bill 2202 which would allow adopted adults age 21 or older to receive their original birth certificate. On March 8, 1999 it was filed in the house.

Colorado: House Bill 1188 allows for adoption records of adoptions finalized after July 1, 2001 to be available to an adopted adult, birth parent of an adopted adult, an adoptive parent, adult sibling or half-sibling or the adult descendant of an adoptee or adoptive parent. In adoptions that were finalized prior to July 1, 2001, adoption records should remain confidential and allow access only through the appointment of a confidential intermediary.

Delaware: House Bill 522 allows adopted adults age 21 or older to receive a copy of their original birth certificate. House Bill 522 has been passed and signed into law.

Illinois: House Bill 631 creates the Illinois Adoption Registry and Medical Information Exchange. It is waiting to be signed by the Governor.

North Carolina: House Bill 286 regards access to adoption records and a registry for North Carolina. On April 19, 1999 it was re-referred to finance.

Texas: House Bill 13 allows an adopted adult age 21 or older to receive a copy of their original birth certificate. On March 1, 1999 the House left it pending in committee.

Internet links added by Adoptions.com 2000 - 2003
Used by permission of NAIC

For more information, contact the National Adoption Information Clearinghouse at naic@calib.com.