Legal Definitions - passive adoption-registry statute

A passive adoption-registry statute is a law that creates a voluntary system where individuals involved in an adoption—such as adoptees, birth parents, and sometimes adoptive parents—can register their identifying information and indicate their willingness to connect with other parties to the adoption. The term "passive" signifies that the registry itself does not actively search for or contact individuals who have not registered. Instead, it only facilitates contact if *all* relevant parties have voluntarily registered and expressed a desire for connection.

Here are some examples to illustrate this concept:

• Example 1: An Adult Adoptee Seeks Birth Parents

  Sarah, an adult adoptee, decides she wants to learn about her birth family. She registers her information with her state's adoption registry, indicating she is open to contact. Unbeknownst to her, her birth mother, Maria, had registered with the same registry twenty years prior, also expressing a desire for contact. Because both Sarah and Maria voluntarily registered and consented to contact, the passive adoption registry identifies the match and facilitates the exchange of information, allowing them to connect. The registry did not actively search for either woman; it simply held their information until both had opted in.

• Example 2: A Birth Father Registers, No Match Found

  John, a birth father who placed his child for adoption many decades ago, registers with his state's passive adoption registry, hoping to find his adult child. He provides his contact details and expresses his desire to connect. However, his adult child has never registered with the system, nor have the adoptive parents. In this scenario, the registry will not actively search for John's child or notify them of John's registration. John's information will simply remain in the registry, waiting for his child or their adoptive parents to voluntarily register and express a desire for contact. Since no other party has opted in, no connection is made.

• Example 3: Adoptive Parents Register on Behalf of a Minor

  Mr. and Mrs. Chen, adoptive parents of a minor child, register their contact information with a passive adoption registry, indicating that when their child reaches adulthood, the child may be interested in connecting with their birth family. The child's birth mother has also registered, hoping for future contact. The registry holds both sets of information. No contact will be initiated while the child is a minor, as the "passive" nature means the registry waits for the appropriate time (e.g., the adoptee reaching legal age and confirming their desire for contact) and for all parties to have voluntarily registered and consented. The registry does not proactively inform the birth mother about the adoptive parents' registration or vice-versa until the conditions for contact are met through voluntary participation.