Every year, approximately 120,000 children are adopted, according to Adoption.com For these people, learning about their biological family, whether it's for medical reasons or just curiosity, is more difficult than making a phone call. It requires navigating the choppy waters of open versus closed adoptions, sealed adoption records and differing state laws.
State Laws
Adoption record rights differ between states, though nearly all states seal and withhold adoption records after the adoption is finalized, according to the Child Welfare Information Gateway. The procedures by which an adoptee or others can get information about the adoption vary. Arizona law permits the adoptive parents, an adoptee 18 or older, the adoptee's spouse or adult children (if the adoptee has died) or the birth parents or biological siblings of the adoptees to have access to family information. However, California law only allows this information to go to an adoptee who is 21 or older, the biological parent of an adult adoptee or the adoptive parents of an adoptee who is under 21.
Non-Identifying Information
When an adoptee or relative is allowed access to information, it is most often limited to non-identifying information. This refers to descriptive details about the adoptee and his birth relatives, including the date and location of birth, the age and general physical description of the biological parents (such as eye and hair color), the race, ethnicity, religion, educational level, occupations and medical history of the birth parents, the existence of other biological children born to each birth parent and the reason for giving the child up for adoption. Not all states offer all information to everyone---only 28 states allow biological parents access to information about the health and social history of the adoptee, while 15 states will give information to adult biological siblings.
Access to non-identifying information is generally granted upon written request, according to the Child Welfare Information Gateway. Some states, such as New York and Oklahoma, require whoever is seeking information to register with the state adoption registry. Pennsylvania requires the person to petition the court. Certain states, including Alabama and Minnesota, allow adoptive parents to request the state to contact the biological parents when information is medically important.
Identifying Information
Information that could be used to track down the birth parents, adoptee or relatives includes current or past addresses, names and employers. This information is typically only released if the person whose information is being requested has granted permission. If this consent isn't on file, information will only be given with a court order documenting a clear and compelling reason. Certain states, such as Arkansas and South Carolina, before releasing identifying information, require the adoptee to have counseling about potential consequences of searching for and contacting the biological family.
Mutual Consent
Thirty states have formed a mutual consent registry, according to the Child Welfare Information Gateway; the registry arranges permissions required for identifying information release. The procedures vary between the states, though most mandate the consent of at least one biological parent and the adoptee to be over either age 18 or 21. If younger, the adoptive parents must consent.
How Laws are Changing
Some states have taken measures to allow adult adoptees to obtain information more easily. In May 2010, the New Jersey Senate voted for open adoption records, allowing access to original birth certificates and medical information, though with protections for birth parents who wish to remain anonymous. In January 2010, the Missouri Senate voted for legislation that allowed adult adoptees to obtain birth certificates and medical information from the state registrar's office.
