Adoption Search Blog

08/25/06

State Laws on Searching?

Posted by : Jan Baker in Adoption Search Blog at 01:56 am , 357 words, 37 views  
Categories: Search, Things to Think About


Although I have read a great deal about laws in each state which dictate access to adoption records, I recently discovered that a few states even have laws which specifically address adoption searches. I believe that they are perhaps referring to a search that is being conducted through the state. It is worth checking in your state if you are contemplating a search.

Here is the link for Wisconsin, one of the states I found has specific laws which address adoption search.
Below is a partial description of their law.

The law specifies conditions and protections under which a search may be conducted. Birth parents have the opportunity to file a notarized statement (affidavit) consenting to the release of identifying information or the right to refuse to allow release of identifying information.

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Researching this subject further, I found that some states only mandate that the person searching be over the legal age for an adult in a state. I also know that in certain states, that counseling is mandatory in state facilitated searches. I have some reservations about a state requiring people to have counseling prior to a reunion. Counseling prior to or during reunion certainly could be useful. However, I personally would prefer to pick my own counselors, and not required to be guided by state appointed ones.

As long as the methods or sources used during a search are not illegal, I think there is littlelihood of the threat of any legal consequences. However, if you intend to search, it makes sense to check and make certain that no state laws prohibit searching. A few years ago, a couple of searchers were prosecuted, but, they were accused of illegally accessing certain records. They were not charged because searching is legal, but their methods were in question.

I highly recommend that you do familiarize yourself with the laws in the state where the adoption took place. This is a good idea not only to make certain that you know the laws yourself. You may be refused some records that you are entitled to, and citing the laws that allow you access to them might be helpful.

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