Role of Attorneys
If the adopted person was not either born in Tennessee, in state or agency
custody in Tennessee, or placed for adoption or adopted in Tennessee, Tennessee will not have a record of the case and the adopted person will need to undertake
their search in the state or states where they were born, placed for adoption
and adopted.
Unless court action is required under T.C.A. § 36-1-138, there is not much for
an attorney to do. Most inquiries are best handled by referral to a
Tennessee adoption search support group and the DCS Post-Adoption Services Unit.
The addresses for the statewide adoption search group, Tennessee Coalition for
Adoption Reform, and for the Tennessee Department of Children's Services post
placement services unit are below. Except in
medical emergencies or other cases where waiting for DCS to respond to a request
for information is not appropriate, it is only necessary to file a legal action
to open records if the searching person has exhausted the other avenues.
Old Information
On January 1, 1996, records of adoptions or attempted
adoptions that existed pre-March 16, 1951, and all records of the Tennessee
Children's Home Society were opened to adopted persons and their birth and
adoptive relatives. The March 16, 1951, date was used because prior to
that date, no adoption records were sealed. Adoption records were sealed
on that date by legislative action, but interestingly the legislature never
expressly sealed the records retroactively. The pre-1951 records were
sealed by the Tennessee Department of Children's Services anyway. All
Tennessee Children's Home Society records were opened in recognition of the
scandalous practices of that state-chartered adoption agency.
Non-Identifying Information
An important aspect of the law is the
provisions regarding access to non-identifying information.
Non-identifying information is generally information that would not lead to
discovery of a person's identity. The section lists information that is
considered non-identifying, and requires the Department to release the
information upon written request to an adopted person 18 years of age or older,
the adoptive parents of an adopted child under 18 years of age, biological or
legal relatives of the adopted person, or the adopted person's lineal
descendant. Birth parents can also receive information under this section.
Listed as non-identifying information is:
- The date and time of birth of the adopted person and such person's weight and
other physical characteristics at birth;
- The age of the adopted person's biological relatives at the time of such
person's birth;
- The nationality, ethnic background, race and religious preference of the
biological or legal relatives;
- The education level of the biological or legal relatives, general occupation
and any talents or hobbies;
- A general physical description of the biological or legal relatives,
including height, weight, color of hair, color of eyes, complexion and other
similar information;
- Whether the biological or legal parent had any other children, and if so, any
available non-identifying information about such children; and
- Available health history of the adopted person, and the person's biological
or legal relatives, including specifically, any psychological or psychiatric
information which would be expected to have any substantial effect on the
adopted person's mental or physical health.
This information is available without judicial action or demonstration of any
particular need for information. The fee for this information is currently $45.
Medical Updates
The Department is required to serve as intermediary for
transmitting updated medical information between the birth and adoptive
families. There is no fee for this service.
Identifying Information
Tennessee Code Annotated § 36-1-127(c) requires release of
all information including identifying information to adopted persons, 21 years
old or older, upon the adopted person's request, proof of identification,
payment of a fee, and written acknowledgment of contact veto rules including an
agreement not to contact anyone eligible to file a contact veto. If the person
obtaining information wants to contact someone eligible to file a contact veto,
they must have the contact veto registry checked and get clearance to make the
contact before any contact is made. No judicial action or demonstration of a
particular need is required to obtain information under this section.
Effective July 1, 1999 any person about whom information could be released
pursuant to T.C.A. § 36-1-127(c) can file a request to be given advance notice
before any record containing information about them can be released. The notice
of impending release is to be mailed to the registered person 15 days prior to
the release of the information to the party that requested it.
The process for making the written request is set out in T.C.A. § 36-1-128(h).
The address is found at the end of this page.
Identifying information is never given out in the following situations without a
court order:
- If the adoptee is under 21 years old;
- If the records show that the birth mother was a victim of rape or incest and
has not consented to release of the information;
- If the requesting party's or such person's representative had their parental
rights to the adopted person involuntarily terminated for cause; or
- If the record indicates that the requesting party or that person's relative
neglected or committed a crime of violence against the adopted person;
The following information is not available at all:
- The adoptive parents' home study (this is documentation of the underlying
investigation; but the court report, which is a summary of the investigation, is
available); and
- Crisis pregnancy counseling information regarding the birth parents.
Contact Veto Registration
A contact veto is the recorded intention that the filing party does not want to
be contacted by anyone (or by specifically designated persons) from whom he or
she was separated by adoption. A contact veto only expresses a person's
willingness or unwillingness to have contact and has no effect on release of
information, identifying or otherwise. The following people can file a contact
veto or otherwise register their preferences:
- Birth and adoptive parents;
2. Birth and adoptive siblings;
3. Lineal ancestors of the adopted person;
4. Lineal descendants of the adopted person;
5. The adopted person's spouse; or
6. The legal representative of these people.
Adopted people do not have to file contact vetoes. Their contact veto is assumed
unless a contrary intent is recorded. Others, including birth parents, must
express an intention. If they cannot be found by DCS to ask, contact is
allowed. Once a contact veto is filed, the person filing it
is notified every time anyone requests contact with them.
If the person with whom contact is sought is not found, there is no prohibition
on contact unless the person to be contacted is the adopted person.
Adopted people are assumed not to want contact unless a contrary intention is
expressed.
Penalties for Violation
If there is a contact veto, or in the case of an adopted person, if there is no
registration of a desire for contact and such person is contacted, the person
contacted can sue the person who contacted them in circuit or chancery court for
injunctive relief, compensatory and punitive damages. The prevailing party
shall also be entitled to attorney's fees and court costs.
If information obtained under the open records statute is used to cause injury
to a person whose name was obtained, it is a Class C misdemeanor and subjects
the person who used the information to civil penalties.
Birth Certificates, Court Records and Agency Records
Those eligible to get identifying information from DCS will also get a
letter authorizing them to obtain their original or amended birth certificates
from the Department of Health, court records, adoption agency records and
adoption records from any other information source.
Judicial Access
The Tennessee Code provides a judicial process for access to identifying information based
upon a showing of best interest of the adopted person or the public, plus one of
the reasons enumerated below:
1. for purposes of treating or preventing a physical, psychological or
psychiatric condition affecting any person,
2. for purposes of establishing legal status or standing for inheritance or for
property rights determinations or for the determination of legal relationships
for third parties,
3. for the movant to prosecute or defend a legal proceeding,
4. movant is any public agency which requires the disclosure of the information
in such record for the purposes directly related to its authorized duties,
5. movant is an individual who has sought disclosure under the provisions of §§
36-1-127(e)(2) or (3); or,
6. movant is a lineal descendant of a deceased adopted person.39
STATE POST ADOPTION UNIT ADDRESS:
(For information regarding adoption records.)
State Office Adoption Services
Department of Children's Services
Post Adoption Services, 8th Floor
Cordell Hull Building
436 Sixth Avenue North
Nashville, TN 37243-1290
Phone: 615-532-5637
TENNESSEE COALITION FOR ADOPTION REFORM (This group
can help those searching get in contact with a local adoption search group where
available.)
Tennessee Coalition for Adoption Reform
P.O. Box 41808
Nashville, TN 37204
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