Adoption Records - Obtaining Identifying Information

*Norma Tillman is the author of:  "The Adoption Searcher's Handbook".  In the 1990's  she became a lobbyist at the Tennessee Legislature and was successful in having the adoption laws changed, however it was several years later that another group of lobbyists were successful in having new laws for Open Records.  Tennessee is one of six states that now have "Open Records".

REQUESTING IDENTIFYING INFORMATION

Identifying information is information from the disclosure of adoption records or elsewhere that may lead to the positive identification of birth parents, the adopted person, or other birth relatives.

Identifying information may include current or past names of the person, addresses, employment, or other similar records or information. Statutes in nearly all States permit the release of identifying information when the person whose information is sought has consented to the release. (4)

 If consent is not on file with the appropriate entity, 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. (5)


(4) New Jersey, the District of Columbia, American Samoa, and Guam require a court
order for release of identifying information. The Virgin Islands requires a court order for
release of information to any person other than the adult adopted person. Statutes in
Puerto Rico require a court order for release of any information from the adoption records
to interested parties.

(5) A compelling reason might include, for example, a serious medical condition requiring
a blood relative or genetic link, or access to medical records.

This article was originally published by the Child Welfare Information Gateway.