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. Unfortunately, these usually do NOT work. If people don’t register then they can’t be reconnected. If a person is deceased they can’t register. Procedures for mutual consent registries vary significantly from State to State. At least half of the US States have some form of a registry.
Some States have imposed some limitations on the release of identifying information such as counseling about the possible consequences of contact with his or her family before any information is disclosed.
The states that do have established registries may also use alternative methods for disclosing identifying information, such as intermediaries to determine if they have consent to release the information. Another way that some states obtain consent is by using an affidavit system through which birth family members can file either their consent to the release of identifying information or a non consent 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.