Adoption Search Blog

03/15/06

FAQ-The Law

Posted by : Karen Sterner in Adoption Search Blog at 07:07 am , 490 words, 77 views  
Categories: Frequently Asked Questions


Here is a list of some common questions. This first blog in this series is going to relate to the law.

Q. Are the court adoption records open for anyone to read or copy?
A. These records are generally not public records. There are laws in some states that provide the adoptee with a copy of their original birth certificate under specific circumstances and are set forth in each states statues.

Q. Under what circumstances may a court release some of the information in the adoption file?
A. In many states a petition may be filed in the court of the judicial district in which the permanent records relating to the adoption are maintained. The court may reveal information to the adopted person about his adoption, but according to many states current laws, may not reveal any information that would endanger the anonymity of the birth parents.

Q. What sort of non-identifying information may be provided by the court?

SPONSOR
   123
A. Non-identifying information typically requested and provided by the court include: the nationality of the birth parents, the religion of the birth parents, the status of marriage of the birth parents at the time of birth, the age of the birth parents and medical histories of the birth parents' families.

Q. Who may petition for this sort of information?
A. The age in each state varies but in many cases any adoptee that is at least 18 years or, if the adoptee is less than 18, his adoptive parent or legal guardian may petition the court.

Q. Is it possible for the adoptee to learn the identity of the birth parents and to search for them?
A. Yes, under the law of many of the states., the court may, upon review of the petition filed by the adopted person, appoint an agent to locate the birth parents and to convey to the birth parents the reason why the adopted person desires to contact each of them. The agent will use best efforts to locate the birth parents but, given the passage of time, it may be impossible to find the current location of many of these individuals.

Q. Can the court order the birth parents to respond to the agent?
A. In the states that provide for a confidential intermediary system, the court entrusts the confidential intermediary with the responsibility of making contact or attempting to make contact with the birth parents. If the birth parents refuse to accept the offer to communicate with the agent or with the adopted person, the search stops. The court will not order that a reunion occur if the birth parent has not consented to a reunion.

Q. Why is it that way?
A. The public policy in many states traditionally has protected the birth parents' anonymity and will continue to do so unless the birth parent expresses a positive willingness to have a contact made with a child who was released for adoption many years ago.

Comments, Pingbacks:

No Comments/Pingbacks for this post yet...

Leave a Comment: You need to login to leave comments.:

Login | Register

Login To AdoptionBlogs.com

Search

Sponsors

Categories

   

Misc

Subscribe to Adoption Search Blog

 Enter your email address:
 

 

Who's Online?

  • Guest Users: 181