Adopted children are often curious about their birth families, and biological parents may want information about the children they put up for adoption. Similarly, adoptive families may want to know more about their adoptive child’s background. In such situations, it is critical to seek advice from an experienced adoption attorney.
Access to adoption records in Knoxville depends on several factors, and navigating the legal process involved in accessing such information can be difficult without representation. At Cole, Guindi & Pienkowski, our attorneys advise adoptees, adoptive parents, and birth parents about issues concerning adoption records. To schedule your consultation and learn more, contact our firm today.
When the Court Seals Adoption Records
When a Knoxville judge issues a final order of adoption, the court seals all records related to the case. They are not made available except to certain people in specific circumstances.
Although the state seals these records, parties to the adoption can agree to share information. For example, birth parents and adoptive parents can make private arrangements to allow contact between the child and the birth parent or to allow the child access to the birth parent’s identifying information when they reach a specified age. If you are considering an adoption with open information sharing, contact an attorney to write a contract specifying the details.
Who Has Access?
The state maintains two categories of adoption records, and access differs between the two.
Non-Identifying Information
The most accessible adoption records do not contain identifying information such as the birth parents’ names or last known addresses in Knoxville. These records contain the date, time, and location of the child’s birth and may contain some information such as the birth parents’:
- Ages at the time of the birth
- Race and ethnicity
- Physical characteristics
- Health status and any health concerns
- Educational attainments
The records may also contain the stated reason for the adoption. Records without identifying information are available to adoptees on request. Adoptive parents and some other relatives may also gain access to adoptive records that do not contain identifying information.
Records With Identifying Information
Adoption records that provide the birth parents’ names and last known address are available only to the adoptee and the adoptee’s siblings and lineal descendants. Individuals cannot access their adoption records with identifiable information until they turn 21.
Can Birth Parents or Adoptees Protect Their Identity?
If you are an adoptee, birth parent, or other qualified person, you can access adoptive records with identifying information if you follow the proper procedures. In limited circumstances, the law protects the identity of birth mothers and adoptees.
Birth parents used to be able to request that adoptive families never reveal their identities to the child they gave up for adoption. While the courts overturned the provision, Tennessee Code § 36-1-127 still allows birth mothers to protect their identity when the pregnancy resulted from rape or incest.
The law also protects an adoptee’s identity in some cases. If a birth parent lost their parental rights due to abuse or neglect of their child, they cannot gain access to the child’s adoption records. A birth parent who cannot access their child’s adoption record can consult an attorney in Knoxville about other means of obtaining information about their child.
To Learn More About Accessing Adoption Records, Contact Our Knoxville Attorneys at Cole, Guindi & Pienkowski
For help determining whether you have access to adoption records in Knoxville, let our attorneys at Cole, Guindi & Pienkowski assist you with the complicated process. Whether you are an adoptee, a member of the birth family, or an adoptive family member, contact our team today to review your case.