How to Open a Closed Adoption Record

Some states require an application to have records released.

Most adoption records are sealed after the event, with only certain people being allowed access to the records. Each state sets its own requirements for who is able to access the sealed records or request that they be opened, and decides which information is eligible to be released. In most states, adopted persons over a certain age and birth parents are able to access some information, though the states do not have to open sealed adoption records upon request.

Instructions

1. Determine the state and city where the adoption took place. Each state has its own laws regarding the release of adoption records. Find out the city and specific court where the adoption took place if possible, as some states prefer that requests for adoption records be made in the city or courthouse where the adoption proceedings took place.

2. Research state laws regarding adoption records in the state where the adoption took place. Each state has specific laws regarding the release of closed adoption records. Some states issue non-identifying information from sealed records upon request, others issue records if both parties, such as the adopted person and birth parent, have a signed disclosure form on file, and other states require a petition to the court prior to the release of any information from the sealed record.

3. Request information from the closed record. Follow your state's procedures for requesting any available information from the sealed records. The Child Welfare Information Gateway website provides an overview of what information is available in each state and who adopted persons and birth parents should contact for the information.

4. Petition the court to have the adoption record opened if your state requires this, or if you have not received enough information from other requests. Though not required, you may choose to hire an attorney to assist you in the petition process. Each state has its own guidelines for petitions and typically require the petitioner to have a strong reason that the records should be opened. The success rate of petitioning the court varies between states and individual judges. The judge may decide to release all records, release only non-identifying information, or appoint an intermediary to locate birth parents to ask if they consent to having the records opened.

Tips & Warnings

• Not all court petitions result in the opening of the sealed records.

References

• Child Welfare Information Gateway: Searching for Birth Relatives

Resources

• Child Welfare Information Gateway: Access to Adoption Records: Summary of State Laws