Legal Definitions - adoption-registry statute

An adoption-registry statute is a law that establishes a formal system, or "registry," where individuals involved in an adoption can record their willingness to share or receive identifying information about one another. These laws are designed to balance the privacy interests of all parties with the desire for connection and information, particularly as adopted individuals reach adulthood.

Typically, for information to be released, all relevant parties—meaning the biological parent(s), the adoptive parent(s), and the adopted person (once they reach a specific age, often 18 or 21)—must independently register their consent for the release of information. This ensures that the decision to connect or share details is mutual and voluntary.

There are two main types of adoption-registry statutes:

• A passive adoption-registry statute allows parties to voluntarily add their names to a registry, indicating their desire to connect or share information, usually after the adopted individual reaches a specified age. The state does not actively seek out parties; individuals must take the initiative to register.
• An active adoption-registry statute goes a step further. If one party registers their desire for information, the state authority is empowered to actively attempt to locate and contact the other parties involved to ascertain their willingness to release or receive information.

Here are some examples:

• Example 1: Seeking Medical History

  Sarah, an adult who was adopted as a baby, develops a rare genetic condition. Her doctors inform her that understanding her biological family's medical history could be crucial for her treatment. Sarah registers with her state's adoption registry, indicating her desire to connect with her biological parents for health information. Under a passive adoption-registry statute, if her biological parents had also previously registered their consent to be contacted, the registry would facilitate the exchange of information. If they had not registered, Sarah would have to wait for them to do so, or for the law to change to an active registry.

  This example illustrates how an adoptee might use an adoption-registry statute to seek vital information, highlighting the voluntary nature of registration in a passive system.

• Example 2: Biological Parent's Desire for Connection

  David, a biological father who placed his child for adoption many years ago, often wonders about his child's well-being. Once his child, Emily, turns 21, David decides to register with the state's adoption registry, expressing his wish to connect if Emily is also open to it. Under an active adoption-registry statute, the state agency would then attempt to locate Emily (or her adoptive parents, if Emily is still a minor or if the law allows contact through them) to inform her of David's registration and inquire if she also wishes to connect or receive information. If Emily agrees, the registry facilitates the exchange of non-identifying or identifying information as per the statute.

  This example demonstrates an active registry's function, where the state proactively reaches out to parties once one expresses interest, facilitating potential reunions or information exchange.

• Example 3: Adoptive Family Supporting Heritage Exploration

  The Chen family adopted their daughter, Mei, from another country when she was an infant. As Mei approaches her 25th birthday, she expresses a strong interest in learning more about her cultural heritage and potentially connecting with her biological family. With the full support of her adoptive parents, Mei registers with the state's adoption registry. Her adoptive parents also register their consent, as required by some statutes, to facilitate the process. If Mei's biological parents had also registered their desire for contact, the registry would then provide the necessary information for a potential connection.

  This example shows how an adoption-registry statute can be used by an adult adoptee, with the support of their adoptive family, to explore their origins and heritage, emphasizing the multi-party consent often required.