Sealed Adoption Records (Encyclopedia)

In the United States, most birth records of adoptees were sealed upon finalization of their adoption, leaving the name(s) of the birth mother and, if listed, the birth fathers identity unknown to the adoptee or any other person who is looking for said information.

How did this happen and for what reason? The sealing of adoption records dates back to the mid 1900's, when adoptions took on the stigmatism that some things should not be disclosed and should be kept "secret", therefore instituting this act of confidentiality now known as a "sealed adoption record". By 1943, more than half of the states in the United States had enacted some kind of provision sealing adoption records permanently.

As of today, there are very few states that do not seal adoption records and/or allow adoptees access to their original birth certificate after completing an application for access. In most states, however, adoptees or people whom adoptees have hired to help them find identifying information, have to search and spend time, money and tireless emotions hoping to receive information in regards to their birth family's identity.

Each state has adapted their own laws on the opening of sealed adoption records. Adoptees may have to petition the court, they may have to find their birth family first and ask for permission, or there may be other formalities that may need to take place that may allow them access. However, access to these records is not guaranteed.

There are critics on both sides of this controversy. On one side, the critics state that the birth parents have the right of privacy, while the critics on the other side say that the adoptees have rights to know about their family history and that it is a violation of a person's basic human rights to not have that information.

Thousands of adoptees are currently seeking information and petitioning to open sealed birth records. There are several organizations who are working on ways to come up with an ethical way to satisfy both the birth families and also the adoptee. Obviously this is not an easy problem to solve, but a solution needs to be reached that will allow adoptees the same rights as non-adoptees in being able to have access to their identifying information.

Each state has adapted their own laws on the opening of sealed adoption records. Adoptees may have to petition the court, they may have to find their birth family first and ask for permission, or there may be other formalities that may need to take place that may allow them access. Access to those records, at this time, is not guaranteed.