Navigating Tennessee Adoption Records: Access, Privacy, and How to Obtain Them
Adoption is a deeply personal and life-changing event that can bring immense joy to those involved. However, for individuals seeking to navigate Tennessee adoption records, accessing vital information can sometimes be a daunting and confusing process. Whether you are an adoptee searching for your birth parents, a birth parent longing to reconnect with a child placed for adoption, or an adoptive parent seeking important medical information, understanding the intricacies of Tennessee's adoption records system is crucial. In this comprehensive guide, we will explore the various aspects of Tennessee adoption records, including the laws surrounding access and privacy, as well as the step-by-step process to obtain access to records post adoption. No matter your role in the adoption journey, this blog post aims to provide clarity and support as you navigate the intricate world of Tennessee adoption records.
Open or Closed? Understanding Tennessee Adoption Laws and the Sealed Record
If you are considering adoption in Tennessee, you may wonder what kind of relationship you can have with the birth parents of your adopted child. Adoption is a legal process that creates a permanent family bond between the adoptive parents and the child, but it also affects the rights and responsibilities of the birth parents. Depending on the type of adoption you choose, you may have more or less contact and information sharing with the birth parents.
There are two main types of adoption in Tennessee: open adoption and closed adoption. In an open adoption, the adoptive parents and the birth parents agree to maintain some degree of communication and exchange of information before and after the adoption. This can range from sending letters and pictures through an agency or mediator, to having direct contact through phone calls, emails, or visits. An open adoption can benefit the child by providing them with a sense of identity, medical history, and emotional support from both sets of parents.
In a closed adoption, the adoptive parents and the birth parents do not have any contact or information sharing before or after the adoption. The adoptive parents receive only non-identifying information about the birth parents, such as their age, ethnicity, education, and health status. The birth parents do not receive any information about the adoptive parents or the child. A closed adoption can protect the privacy and confidentiality of both parties, and may be preferred by some birth parents who wish to move on from the adoption.
Tennessee law allows any degree of openness in adoption, as long as both the adoptive parents and the birth parents agree to it. The level of openness can be specified in a post-adoption contact agreement, which is a document that outlines the terms and conditions of the communication and information sharing between the parties. However, such an agreement is not required by law, and the parties can change or terminate it at any time by mutual consent.
What happens to my records after the adoption is finalized?
Regardless of the openness of the adoption, adoption records in Tennessee are private and confidential and not open to the general public. Court records from the adoption are sealed and must be requested by "eligible persons" in order to be unsealed.
These records include the adoption records, court reports, home studies, preliminary home studies, other reports or documents or papers or other information concerning the placement or attempted placement of a person for adoption, or other information concerning the litigation of the adoption or attempted adoption of a person.
In other words, after an adoption is finalized, access to the court's records is restricted, except to the adoptee, the adoptee's parents, the adoptee's siblings, or the adoptee's legal representative, and only under certain circumstances, which we'll talk about below. (NOTE: other "eligible persons" can include lineal descendants and ancestors, too.)
Access to Tennessee Adoption Records as an Adopted Person
Accessing adoption records as an adoptee in Tennessee can be a complex process. The state of Tennessee has a unique set of laws and regulations regarding the release of adoption records, balancing the rights of adoptees with the privacy of birth parents. If you are an adoptee searching for your birth records, it's important to understand the steps involved and the potential challenges you may face.
In Tennessee, prior to 1995, adoption records were sealed and confidential. This means that adoptees were not legally allowed to access their original birth certificates or any information about their birth parents. However, in 1995, Tennessee passed a law granting adoptees the right to access their adoption records upon reaching the age of 21.
To begin the process of accessing your adoption records in Tennessee, you will need to submit a written request to the Tennessee Department of Children's Services (DCS) or the adoption agency that facilitated your adoption. The request should include your full name, date of birth, and any other identifying information that may help locate your records. A copy of the form can be found here.
It's important to note that while the law allows access to adoption records, there are circumstances where the release of information may be restricted. If your birth parents filed a "Contact Veto" with the Tennessee Adoption Voluntary Registry, they have the right to prohibit the release of identifying information to you. In such cases, the DCS or adoption agency will provide you with non-identifying information that may still be helpful in your search.
It's also worth mentioning that navigating the emotional aspect of searching for birth records can be challenging. Adoptees may experience a range of emotions, including excitement, anxiety, and fear of rejection. It's important to seek support from friends, family, or professional counselors who can provide guidance and understanding throughout the process.
Access to Tennessee Adoption Records as a Birth Parent
In Tennessee, birth parents have the right to access adoption records under certain circumstances. First, the parent requesting the records must be 21 years old or older. Similarly, the adoptee must also be 21 years old or older. This means that if you surrendered your child at birth, you'll have to wait for 21 years to request any sealed records.
The Tennessee Department of Children's Services (DCS) maintains adoption records and can provide information to birth parents upon request. However, it is crucial to note that the level of access may vary depending on the type of adoption and the specific circumstances surrounding it. For instance, if your rights were involuntarily terminated for cause, or if you were convicted of committing a crime of violence or neglect against the adoptee, you cannot receive access to adoption records.
Likewise, alleged parents also cannot receive access. These are individuals who are described as potential parents, but there is nothing in the sealed record that shows the individual to be a parent on a legal document (e.g. birth certificate or a court order for parentage).
One common scenario is in cases of open adoption, where birth parents and adoptive parents maintain ongoing contact and communication. In such instances, access to the records may be more straightforward, and birth parents may have the ability to directly communicate and receive updates from the adoptive family.
In cases of closed or confidential adoptions, where identifying information is withheld, accessing adoption records can be more challenging. Tennessee law allows birth parents to petition the court to obtain nonidentifying information, such as medical history or background information about the adoptee. However, obtaining identifying information requires additional legal steps and may be subject to the adoptee's consent to the release of the records.
To begin the process of accessing adoption records as a birth parent, it is advisable to review the Tennessee Department of Children's Services website or seek legal assistance. It is important to approach the process with patience and understanding, recognizing that adoption records involve sensitive and personal information for all parties involved. Respect for the privacy and wishes of the adoptee and adoptive family should be a priority throughout the process.
Access to Tennessee Adoption Records as an Adoptive Parent
In general, Tennessee law allows adoptive parents to request and obtain certain information from adoption records. This information may include the original birth certificate of the adopted child, medical and genetic history, and any other relevant documentation related to the adoption process. However, it's important to note that there are certain restrictions and privacy protections in place to safeguard the rights and confidentiality of all parties involved.
To access adoption records as an adoptive parent in Tennessee, you will need to submit a request through the Tennessee Department of Children's Services on their specific form. (Request for Access to Sealed Adoption Records/Release of Information and Other Services)
It's also worth noting that in general, adoptive parents will have a copy of all of the court filings, as they would have been involved in the entire process. However, there are exceptions. For instance, if you adopted your child after the parental rights of the birth parents were already terminated, or if you adopted a stepchild.
Navigating the process of accessing adoption records as an adoptive parent can be challenging, but it's important to approach it with sensitivity and respect. If you're unsure about the specific steps or requirements, it may be helpful to consult with an attorney to ensure that you're following the proper procedures and protecting the rights of all parties involved.
Contact a Tennessee Adoption Attorney Today
The process of gaining access to adoption records can be complex and emotionally challenging, but it is an important step for individuals seeking information about their birth families or wanting to understand their own personal history. By following the guidelines and procedures outlined in this article, you can navigate this journey with more confidence and understanding. If you have any further questions or need professional assistance, please don't hesitate to contact Otten Law, PLLC. We wish you all the best in your pursuit of accessing adoption records in Tennessee.
