Myths and Misconceptions

There are many myths and misconceptions about adoption records, what is or is not available and what an adoptee, adoptive parent, birth parent, sibling or extended family member can know or acquire.

Adoptees should know that their birth name is not the same as their adopted name. Everyone has a name at birth. If a first and middle name were not given by the birth mother, then the child's name at birth will be listed on the original certificate as Baby Girl, Baby Boy or just baby and the surname of the mother. (E.G. "Baby Boy Jones"). An adoptee's birth name remains their legal name until the adoption was finalized, which usually takes 6 months to 1 year. The adoptive parents probably used the amended name from the time the child was placed in their home, but it wasn't legally changed until the original certificate of birth was sealed and an amended certificate of birth issued it it's place by the state. This could only occur after the adoption was finalized by the court.

"Sealed Records" means you can't get anything. Hogwash! When an adoption is finalized, the records are "sealed". The law in each state (and it changes from decade to decade) specifically indicates what is sealed. Anything not mentioned, is not sealed. For example, the court record may be sealed, but the law may not mention the agencies records, the hospital records or state department of health records. However, this does not mean all information becomes unavailable to the involved parties. Most state departments, public or private agencies will, upon request, provide the name of the hospital, doctor, birth weight, city, county, or time of birth; and the background info like parents ages, religion, education, marital status, nationality, height, weight, coloring, etc. to the adoptee, birth and adopting parents. The birthmother was the legal guardian until the relinquishment was signed. This could not be signed until after the birth, therefore all information pertaining to the child's birth should be available to her and the birthfather if named, or if he signed documents relinquishing his rights. If anyone refuses to provide any of this, it would be good to require they give this refusal in writing with reference to the specific law, procedure or policy on which they are basing their refusal.

Exception. In North Carolina, it seems agencies and the state are refusing to give the actual city and county of birth to the adoptee, because it was often changed on the amended certificate to the city and county where the adoptive parents resided when the adoption was finalized. It is still worth asking for the city, county and name of the hospital where the birth actually took place. Also, writing to request the policy be changed records your view.

Other reports of states and agencies refusing to give basics like the hospital name or time of birth varies from state to state, agency to agency. Always ask for this information. If it is not provided, make a request in writing that they provide copies of the specific law, written policy or procedure on which they base the refusal.

Right to Get Information and Documents. In general, all adoptees, birth parents and adopting parents have the right to acquire information and copies of documents they signed or which names them. First, presume that you can get these things and if anyone refuses, ask that they provide copies of the exact written law, policy and procedure pertaining to this request. Most states have procedures in place to guide you through the process.

Surrender forbids a birthparent from seeking child. Recently a number of birthmothers have written saying they signed papers stating they would not try to find their child, nor in any way try to get information on them. The document usually does not actually say that at all, though it may have been inferred or said out loud by someone in authority at the time. Birthparents should always ask the attorney, agency or state to provide the original documents in total. Rarely do the documents actually state this type of commitment. Anything you signed should readily be available to you from the state, agency, court or hospital involved.

ISRR currently includes individual state info with contribution receipts and hope you will find it helpful..

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