How An Adopted Person Can Find Their Birth Family
By Phyllis
Smith
In nearly all States, adoption records are sealed and withheld
from public inspection after the adoption is finalized. To maintain the
confidentiality of these records, most States have instituted procedures by
which parties to an adoption may obtain nonidentifying and identifying
information from an adoption record, while still protecting the interests of
all parties.
Non-Identifying Information
 Nonidentifying information is generally limited to descriptive details about
an adopted person and the adopted person's birth relatives. Nonidentifying
information may include the following:
- Date and place of the adopted person's birth
- Age of the birth parents and general physical description such as eye and
hair color
- Race, ethnicity, religion, and medical history of the birth parents
- Educational level of the birth parents and their occupation at the time of
the adoption
- Reason for placing child for adoption
- Existence of other children born to each birth parent
Nearly all States allow the adopted person to have access to nonidentifying
information about birth relatives, generally upon written request. The adopted
person must be an adult, usually at least 18 years of age, before he or she may
access this information. Approximately 37 States and American Samoa have
provisions in statute that allow access to nonidentifying information to an
adoptive parent or a guardian of an adopted person who is still a minor. Some
States allow birth parents access to nonidentifying information, and some
States give such access to adult birth siblings. Additionally, States are
allowed to charge a reasonable fee for providing the information. Policies on
what information is collected and how that information is maintained and
disclosed vary from State to State.
Restrictions on Release of Nonidentifying Information
A few jurisdictions are more restrictive about the release of information
from adoption records. New Jersey and Guam require a party to obtain a court
order before any information can be released. In Indiana and Pennsylvania, the
person whose information is being sought must provide consent before
information about him or her can be released. In Colorado, any party to the
adoption can request that information not be disclosed.
The statutes in Illinois and Kansas allow the adoptive parents to receive
medical and family information about the birth family. In addition, the
adoptive parents may request the department to contact the birth parents any
time, postadoption, for additional health information when there is a medical
need.
Identifying Information
Identifying information is considered to be data that may lead to the
positive identification of an adopted person, birth parents, or other birth
relatives. Identifying information includes the current name of the person, but
usually also includes an address or other contact information so that adopted
persons and birth relatives can use the information to arrange personal contact
with one another. The statutes in nearly all States permit the release of
identifying information when the person whose information is sought has
consented to the release.
A mutual consent registry is one method many States use to arrange the
consents that are required for release of identifying information. A mutual
consent registry is a system whereby individuals directly involved in adoptions
can indicate their willingness or unwillingness to have their identifying
information disclosed. Approximately 33 States have established some form of a
mutual consent registry. Procedures for mutual consent registries vary
significantly from State to State. Most registries require consent of at least
one birth parent and an adopted person over the age of 18 or 21, or of adoptive
parents of an adopted person who is still a minor, in order to release
identifying information. Currently, 26 of the States that have registries
require the parties seeking to exchange information to file affidavits
consenting to release of their personal information. However, seven States will
release information from the registry upon request, unless the affected party
has filed an affidavit requesting nondisclosure.
Approximately 22 States allow biological siblings of the adopted individual
to seek and release identifying information upon mutual consent. No consent is
required for adopted persons in Louisiana and Texas to receive identifying
information about birth parents who are deceased. Many States ask a birth
parent to specify at the time of consent or relinquishment whether they are
willing to have their identity disclosed to the adopted person when he or she
is age 18 or 21. If consent is not on file, the information may not be released
without a court order documenting good cause to release the information. A
person seeking a court order must be able to demonstrate by clear and
convincing evidence that there is a compelling reason for disclosure that
outweighs maintaining the confidentiality of a party to an adoption.
Some States have imposed some limitations on the release of identifying
information. Mississippi and South Carolina require the adopted person to
undergo counseling about the possible consequences of contact with his or her
family before any information is disclosed. In Connecticut, release of
identifying information is prohibited if it is determined that the requested
information would be seriously disruptive to any of the parties involved.
Other Methods of Obtaining Consent
States that have not established registries may use alternative methods for
disclosing identifying information. Search and consent procedures authorize a
public or private agency to assist a party in locating birth family members to
determine if they consent to the release of information. Some States have a
type of search and consent procedure called a confidential intermediary system.
In this system, an individual called a confidential intermediary is certified
by the court to have access to sealed adoption records for the purpose of
conducting a search for birth family members to obtain their consent for
contact. Other States use an affidavit system through which birth family
members can file either their consent to the release of identifying information
or a nonconsent to register his or her refusal to be contacted or to release
identifying information. The written permission may be referred to as a
consent, waiver, or authorization form.
Original Birth Certificate
When an adoption is finalized, a new birth certificate for the child is
customarily issued to the adoptive parents. The original birth certificate is
then sealed and kept confidential. In the past, nearly all States required a
court order for adopted persons to gain access to their original birth
certificates. In approximately 28 States, the District of Columbia, American
Samoa, Guam, and Puerto Rico, a court order is still required to gain access to
the original birth certificate, but in many States, the laws are changing to
allow easier access to these records. Some of the methods now available
include:
- Available through court order when all parties have consented
- Available upon request to the adult adopted person
- Available upon request to the adopt adopted person unless the birth parent
has filed an affidavit denying release of confidential records
- Available to persons who have established their eligibility to receive
identifying information through a State adoption registry
- Available when consents to release of identifying information from the
birth parents are on file.
About the Author: Phyllis Smith is friend to many adoptive families. Share
her insights into the joys, struggles, fears, and questions surrounding
adoption. Find more articles at Informed Adoption. http://www.informed-adoption.com
Source: www.isnare.com
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