30 Apr Understanding adoption records and access in the state of Tennessee

Who can access adoption records in Tennessee

When entering into an adoption in Tennessee, it is important to know how adoption records are treated and governed by state law.

First, Tennessee allows for three different types of adoption, as far as records are concerned, an open adoption, a semi-open adoption and a closed adoption.

In the simplest terms, the difference between the three is the amount of identifying information shared between the biological and adoptive parents.

In an open adoption, all identifying information is exchanged between the two sets of parents and direct contact is available, if desired.

In a semi-open adoption, non-identifying information is shared between the sets of parents and communication is sometimes possible through a third-party, like the adoption agency.

In a closed adoption, no identifying information is shared and no communication is allowed. Almost all older adoptions were closed, but Tennessee allows a spectrum of openness.

That is until the adoptee turns 21 years old.

Who can request adoption records?

Based on a court case decided in the Tennessee Supreme Court in 1999, all adoption records created on or after March 16, 1951, are considered public records but they are “private and confidential.” This means they are sealed and only available to eligible persons.

In Tennessee, adoption records are available to adult individuals, age 21 or older, surrendered for the purpose of adoption; adopted individual’s birth, adoptive, step- or legal parent older than 21-years of age; an adopted individual’s birth or adoptive siblings, age 21 and older; or an adopted individual’s lineal descendants or lineal ancestors, age 21 and older.

The records are available after the individual proves they are eligible and the adopted person must consent to the release of any identifying information contained in the sealed record.

Certain people are also banned from ever accessing adoption records. They are anyone whose rights were terminated for cause. That includes a parent or pre-adoptive guardian; sibling, lineal ancestor, spouse or legal representative; or a person guilty of a crime of violence or neglect against the adopted person.

Available adoption records include sealed adoption records, post-adoption records, court records, adoption agency records, an order of termination of parental rights, and records from the Department of Health, Office of Vital Statistics.For questions regarding family law or Tennessee adoption laws, contact the Law Office of Michael Craig and we’ll be glad to assist you.