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
identication of birth parents, the adult
adoptee, or other birth relatives.
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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.
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If consent is not on le with the
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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/.
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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.
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A compelling reason might include, for example, a serious medical condition requiring a blood relative or genetic link, or
access to medical records.
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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
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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
condentiality of a party to an adoption.
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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.
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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."
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