A passive adoption-registry statute, also known as a voluntary-registry law, permits the disclosure of adoption information only if the biological parent, adoptive parent, and adoptee (once they reach a certain age) all formally request the release of such information. This is distinct from an active adoption-registry statute, where a state authority can proactively inquire about parties’ preferences for adoption information when one party expresses interest in obtaining it.
A voluntary-registry law, also known as a passive adoption-registry statute, permits the disclosure of adoption information only if the biological parent, adoptive parent, and adoptee (upon reaching a certain age) have all registered their desire for its release. For instance, in some states, an adopted child can register their wish to obtain information about their biological parents once they turn 18. If the biological and adoptive parents have also registered their desire to release information, then the adoption information can be shared. Similarly, if a biological parent wants to locate their adopted child, they can register their desire to obtain information. The adoption information can only be shared if the adoptee and adoptive parents have also registered their desire to release information. These examples demonstrate how a passive adoption-registry statute functions by mandating all parties to officially record their desire for the release of adoption information before it can be disclosed.
A passive adoption-registry statute is a law that allows individuals who were adopted to access information about their birth parents or biological relatives without requiring the consent of the birth parents.
Under a passive adoption-registry statute, individuals who were adopted can register with the state’s adoption registry, and if their birth parents or biological relatives also register, they can be connected and exchange information.
The information that can be accessed through a passive adoption-registry statute varies by state, but it typically includes non-identifying information such as medical history, ethnicity, and other background information.
In most cases, birth parents are not notified if their biological child registers with a passive adoption-registry statute. The process is typically confidential and only allows for the exchange of information if both parties consent.
No, a passive adoption-registry statute does not establish legal relationships with birth parents or biological relatives. It simply allows for the exchange of information and potential contact between the parties involved.
Some states have restrictions on who can access a passive adoption-registry statute, such as age requirements or the need for a court order. It’s important to check the specific laws in your state.
Yes, a passive adoption-registry statute can be used to find siblings or other biological relatives if they also register with the adoption registry.
Some states may charge a fee for accessing the adoption registry, while others may offer the service for free. It’s important to check the specific laws and regulations in your state.
In some cases, a passive adoption-registry statute may allow individuals to access sealed adoption records, but this varies by state and may require a court order.
If you want to use a passive adoption-registry statute, you should start by researching the laws in your state and registering with the adoption registry if it is available. You may also want to consider seeking legal advice to understand your rights and options.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
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