Whether motivated by need, emotions, or simple curiosity, learning more about their biological history is an important journey for many adoptees. Accessing adoption records can be a crucial step for adoptees; however, those records are often sealed to protect the privacy of all parties involved. As a Murfreesboro adoption attorney at Bennett | Michael | Hornsby explains, your ability to access records related to your Tennessee adoption will depend on a variety of factors, including your age, the year of adoption, and whether any parties have filed disclosure vetoes.
Adoption Record Laws in Tennessee
As was the case in most states, the availability of adoption records has changed significantly over the years. For example, adoptees born before March 16, 1951 will find that
adoption records were not sealed at birth and these records may be more accessible than records for those born after that date. Today, most adoption records are sealed at the time of adoption, but Tennessee law allows adoptees to request access to certain information through the Tennessee Department of Children’s Services (DCS). While adoption records remain largely unavailable to the general public, the Tennessee Adoption Information Act allows for adoptees and certain other parties to request access to these records under specific conditions.
What Information Can an Adoptee Access?
In Tennessee, there are two broad categories related to adoption related records, those that contain non-identifying information and those that contain identifying information. Non-identifying information is available from the Tennessee Department of Children’s Services to adoptees at any age as well as adoptive parents and certain relatives. Non-identifying information typically includes details about the adoptee’s birth family that do not reveal their identities, including things such as:
- Medical history and health conditions.
- Ethnic and racial background.
- General physical descriptions of birth parents.
- Educational background of birth parents.
- Reasons given for the adoption.
Identifying information, which includes details such as the birth parents’ names, last known addresses, and other personal details is more restricted and depends on whether the adoptee meets certain requirements.
How Can an Adoptee Request Identifying Information from Records?
Tennessee law allows adoptees who are at least 21 years old to request their adoption records, including their original birth certificate and other identifying information, from the Tennessee Department of Children’s Services Adoption Registry. To obtain adoption records, the adoptee must submit a written request to the Tennessee Adoption Registry, provide proof of identity, and pay a fee. Note that identifying information will not be released if the records show that the birth mother was a victim of rape or incest and has not consented to release of the information
Can Birth Parents Prevent Disclosure of Identifying Information?
Although Tennessee law allows adult adoptees to request their adoption records, birth parents have the option to file a contact veto or a disclosure veto. A contact veto prevents the adoptee from making direct contact with the birth parent, but it does not stop the release of identifying information. A disclosure veto prevents the state from releasing identifying information about the birth parent to the adoptee. If a birth parent has filed a disclosure veto, the adoptee may still receive non-identifying information, but their birth parent’s identity will remain confidential, and the adoptee will be notified that the disclosure veto is in place.
Can an Adoptee Access Their Original Birth Certificate in Tennessee?
Tennessee law allows adult adoptees (age 21 and older) to request a copy of their original birth certificate; however, if a disclosure veto is in place, the adoptee will not be able to receive identifying details about their birth parents. The Tennessee Department of Health’s Office of Vital Records handles requests for original birth certificates.
Do I Need an Attorney to Access Adoption Records?
The law does not require you to be represented by an attorney to request adoption records in Tennessee. Often, the process of requesting adoption records is straightforward and can be accomplished without the assistance of an attorney; however, if the circumstances surrounding the adoption or your request for records are more complex or nuanced, the assistance of an experienced adoption attorney may be beneficial.
Contact a Murfreesboro Adoption Attorney
If you have additional questions about accessing adoption records in Tennessee, consult with an experienced Murfreesboro adoption attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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