1Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov 1
Although adoptive parents are provided
nonidentifying background information
about the child they plan to adopt, in nearly
all States the privacy interests of adoptive
parents, adoptive children, and birth families
are protected by making all les related to the
adoption process condential and withheld
from public access. To ensure that ongoing
privacy needs are met, records of adoption
court proceedings and the child's original
certicate of birth are sealed after an adoption
is nalized.
The need for information about the birth
family does not always end when the adoption
has been nalized. Persons who have been
adopted may need to access information
from the records to obtain updated medical
history, while some adoptees seek identifying
information about birth family members in
order to contact their families of origin. For
this publication, statutes were collected for
all States, the District of Columbia, American
Access to Adoption Records
S
TATE STATUTES
CURRENT THROUGH DECEMBER 2019
To nd statute information for a particular State, go to
https://www.childwelfare.gov/topics/systemwide/laws-policies/state/.
WHAT'S INSIDE
Nonidentifying information
Restrictions on release of nonidentifying
information
Identifying information
Mutual consent registries
Other methods of obtaining consent
Access to an original birth certicate
Children's Bureau/ACYF/ACF/HHS | 800.394.3366 | | https://www.childwelfare.govEmail: [email protected]
2Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov
States, the District of Columbia, American
Samoa, Guam, the Northern Mariana Islands,
and Puerto Rico, and the results indicate that
most States have instituted procedures by
which parties to an adoption may obtain both
nonidentifying and identifying information
from an adoption record while still protecting
the interests of all parties.
NONIDENTIFYING INFORMATION
Nonidentifying information includes the
health, behavioral health, developmental,
educational, and social histories of the child
and the child's parents and other birth
relatives. This type of information is provided
to the adoptive parents at the time of the
adoption.
1
Nonidentifying information may
include the following:
Date and place of the adoptee'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 occupations at the time of the
adoption
Reason for placing the child for adoption
Existence of other children born to each
birth parent
1
For more information about the types of information provided to adoptive parents prior to the child's adoption, see the
Child Welfare Information Gateway publication Providing Adoptive Parents With Information About Adoptees and Their Birth
Families at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/collection/.
2
Idaho, Nevada, and New Jersey provide nonidentifying medical and social information about the birth family to adopting
parents at the time of placement but do not otherwise address the issue of access to nonidentifying information in statute.
3
The word ‟approximately” is used to stress the fact that the States frequently amend their laws. This information is current
through December 2019. The States that allow birth parents access to nonidentifying information are Alabama, Arizona,
Arkansas, Connecticut, Delaware, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire,
New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania (if the adopted person is at least age 21), Rhode
Island, South Carolina, Tennessee, Utah, Vermont, Washington, and West Virginia.
4
Arizona, Colorado, Michigan, Mississippi, Montana, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania,
Rhode Island, Tennessee, Utah, and Vermont
All States, American Samoa, Guam, and Puerto
Rico have provisions in statutes that allow
access to nonidentifying information by an
adoptive parent or a guardian of a minor child
who has been adopted. Nearly all States allow
an adult adoptee to access nonidentifying
information about birth relatives, generally
upon written request. Usually, the adoptee
must be at least age 18 before he or she may
access this information.
2
Approximately 26 States allow birth parents
access to nonidentifying information,
generally about the health and social history
of the child.
3
In addition, 15 States give such
access to adult birth siblings.
4
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
Some jurisdictions are more restrictive
about the release of information from
adoption records. New York, Oklahoma, and
Rhode Island require the person seeking
nonidentifying information to register with
the State adoption registry. In Pennsylvania,
nonidentifying information is available
through a registry or the court or agency that
handled the adoption. Guam requires a party
to petition the court before any information
can be released.
3Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov
Nonidentifying information that is generally
available includes medical and health
information about the child and the child's
birth family at the time of the adoptive
placement. Alabama, Illinois, Kansas,
Maryland, Minnesota, Mississippi, and
Wyoming statutes allow adoptive parents
to request that the State adoption registry
contact birth parents when additional
health information is medically necessary.
In Georgia, any medical information about
the birth family that is received by the
department or child-placing agency must
be provided to the adoptive parents or adult
adoptee.
IDENTIFYING INFORMATION
Identifying information is information
from the disclosure of adoption records
or elsewhere that may lead to the positive
identication of birth parents, the adult
adoptee, or other birth relatives.
5
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.
6
If consent is not on le with the
5
Adoptive parents of adult adoptees are generally not permitted access to identifying information about the adoptees'
birth families. There are exceptions to this. For example, in California, Colorado, Illinois, Indiana, Louisiana, Maine, Montana,
New Mexico, North Dakota, Ohio, Pennsylvania, and Washington, an adoptive parent may apply for or consent to the release
of identifying information on behalf of an adoptee who is still a minor. These provisions also do not apply when, prior to
nalization of the adoption, the birth and adoptive parents agreed to postadoption contact. For more information on this, see
the Child Welfare Information Gateway publication, Postadoption Contact Agreements Between Birth and Adoptive Families, at
https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/cooperative/.
6
New Jersey, the District of Columbia, American Samoa, and Guam require a court order for release of identifying
information. In Hawaii, an adult adoptee, adoptive parent, or birth parent may le with the court a written request to inspect
the sealed adoption record. The Virgin Islands requires a court order for release of information to any person other than
the adult adoptee. Statutes in Puerto Rico require a court order for release of any information from the adoption records to
interested parties.
7
A compelling reason might include, for example, a serious medical condition requiring a blood relative or genetic link, or
access to medical records.
8
Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine,
Maryland, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Mexico, New York, North Carolina, North
Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia,
Washington, and Wyoming
9
See Connecticut Gen. Stat. § 45a-751.
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
condentiality of a party to an adoption.
7
Access to information is not always restricted
to birth parents and adoptees. Approximately
37 States allow birth siblings of the adoptee to
seek and release identifying information upon
mutual consent.
8
Some States have imposed limitations on the
release of identifying information. Arkansas,
Mississippi, South Carolina, and Texas require
the adopted person to undergo counseling
about the process and potential implications
of search and contact with his or her birth
family before any information is disclosed.
In Connecticut, release of identifying
information is prohibited if the department
or child-placing agency that possesses the
information determines that the requested
information would be "seriously disruptive
to or endanger the physical or emotional
health of the person whose identity is being
requested."
9
4Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov
MUTUAL CONSENT REGISTRIES
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 means for individuals directly involved
in adoptions to indicate their willingness
or unwillingness to have their identifying
information disclosed. Approximately 30
States and Puerto Rico have established some
form of a mutual consent registry.
10
Procedures for mutual consent registries
vary signicantly from State to State. Most
registries require consent of at least one
birth parent and an adoptee over the age of
18 or 21, or of adoptive parents if the adoptee
is a minor, in order to release identifying
information. Most States that have registries
require the parties seeking to exchange
information to le afdavits consenting to
the release of their personal information.
However, eight States will release information
from the registry upon request, unless the
affected party has led an afdavit requesting
nondisclosure.
11
10
Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Maryland, Michigan,
Missouri, Nevada, New Hampshire, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South
Dakota, Tennessee, Texas, Utah, Vermont, and West Virginia
11
The States that will release identifying information unless a nonconsent form has been led are Hawaii, Indiana (for
adoptions nalized after 12/31/1993), Maryland (for adoptions nalized after 1/1/2000), Michigan (for adoptions nalized
before 5/28/1948 or after 9/12/1980), Minnesota (for adoptions nalized after 8/1/1982), Nebraska (for adoptions nalized
after 9/1/1998), Ohio (for adoptions nalized after 1996), and Vermont (for adoptions nalized after 7/1/1986).
12
States using condential intermediaries include Alabama (when consent is not on le), Colorado, Florida (to contact family
members who have not registered with the adoption registry), Illinois (to obtain updated medical information), Michigan
(when consent is not on le), Montana, North Carolina, North Dakota, Oklahoma, Virginia, Washington, and Wyoming.
13
Alabama, Alaska, California, Georgia, Kentucky, Massachusetts, Minnesota, Mississippi, Nebraska, New Hampshire, New
Mexico, Pennsylvania, and Wisconsin
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 search and consent procedure called
a condential intermediary system.
12
With
this system, an individual called a condential
intermediary is certied 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 afdavit system
through which birth family members can
either le their consent to release identifying
information or to register their refusal
to be contacted or to release identifying
information.
13
The written permission may
be referred to as a consent, waiver, or
authorization form.
5Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov
ACCESS TO AN ORIGINAL BIRTH
CERTIFICATE
When an adoption is nalized, a new birth
certicate for the child is customarily issued
to the adoptive parents. The original birth
certicate is then sealed and kept condential
by the State registrar of vital records. In the
past, nearly all States required adoptees to
obtain a court order to gain access to their
original birth certicates. In approximately
19 States, the District of Columbia, American
Samoa, and Guam, a court order is still
required.
14
In Massachusetts, however,
evidence of a parent's willingness to provide
information about her identity to the adoptee
shall be considered sufcient for granting an
order to release the information contained
in the original birth certicate. In many
States, the laws are changing to allow easier
access to these records. Some of the means
for providing information access include the
following:
Through a court order when all parties have
consented
15
At the request of the adult adoptee
16
At the request of the adoptee, unless the
birth parent has led an afdavit denying
release of condential records
17
14
Arizona, California, Florida, Georgia, Hawaii, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Montana (for adoptions
nalized on or after 10/1/1985 and before 10/1/1997), Nevada, New Hampshire, New Mexico, North Carolina, North Dakota,
South Dakota, West Virginia, and Wyoming
15
Idaho, Mississippi, and the Northern Mariana Islands
16
Alabama, Alaska, Arkansas (with the birth parents’ names redacted at their request), Connecticut (for adoptions nalized
on or after 10/1/1983), Illinois (for adopted persons born prior to 1/1/1946), Maine, Montana (for adoptions nalized before
10/1/1985), New Jersey, New York, Oregon, Pennsylvania (with the birth parents' names redacted at their request), and the
Virgin Islands
17
Colorado (effective 1/1/2016), Delaware, Illinois (for adopted persons born on or after 1/1/1946), Maryland (for adoptions
nalized on or after 1/1/2000), Minnesota (for adoptions nalized on or after 8/1/1997), Montana (for adoptions nalized
on or after 10/1/1997), Nebraska (for adoptions nalized on or after 7/20/2002), Ohio (for adoptions nalized after 1996),
Oklahoma (for adoptions nalized on or after 11/1/1997 when there are no birth siblings under age 18 who have been
adopted), and Washington
18
Indiana (for adoptions nalized after 12/31/1993), Michigan, Rhode Island, Tennessee, Texas, Utah, Vermont, and Virginia
19
Missouri, Nebraska (for adoptions nalized on or after 9/1/1998), South Carolina, Utah (for adoptions nalized on or after
1/1/2016), and Wisconsin
When eligibility to receive identifying
information has been established with a
State adoption registry
18
When consents from the birth parents to
release identifying information are on le
19
WHERE INFORMATION CAN BE
LOCATED
To nd contact information for a State agency
or department that assists in accessing
adoption records, go to Child Welfare
Information Gateway's National Foster Care
and Adoption Directory and search under
State Reunion Registries/Condential
Intermediary Services: https://www.
childwelfare.gov/nfcad/
See the Adoption Search and Reunion section
of the Child Welfare Information Gateway
website at https://www.childwelfare.
gov/topics/adoption/search/searching for
more information on searching for birth
relatives, including a link to the International
Soundex Reunion, a free mutual consent
reunion registry for people seeking birth
relatives: http://www.isrr.net/.
6Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov
SUGGESTED CITATION:
Child Welfare Information Gateway. (2020).
Access to adoption records. Washington,
DC: U.S. Department of Health and Human
Services, Administration for Children and
Families, Children’s Bureau.
This publication is a product of the State
Statutes Series prepared by Child Welfare
Information Gateway. While every attempt
has been made to be complete, additional
information on these topics may be in
other sections of a State’s code as well as
agency regulations, case law, and informal
practices and procedures.
This material may be freely repro=duced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/infoaccessap/.
U.S. Department of Health and Human Services
Administration for Children and Families
Administration on Children, Youth and Families
Children’s Bureau