Are Adoption Records Public in Pennsylvania?
Nov. 6, 2024
Adoption is a wonderful process that establishes a permanent relationship between parents and children who are not biologically related. Adoption can often cause significant changes in the lives of the parents and children involved, which often raises questions regarding privacy and access to information about the adoption.
One frequently asked question is whether adoption records are public. In Pennsylvania, adoption records are typically confidential and are not considered public. The state has specific laws and regulations that govern the confidentiality and release of adoption information.
At Iwanyshyn & Associates, we are experienced in helping families with adoption matters, and we strive to offer clear insight into the adoption process.
Understanding Adoption Records
Adoption records typically include sensitive information, including the child's original birth certificate, the adoption petition, and the final adoption decree, as well as any related documents that were submitted to the court during the adoption process.
According to the Child Welfare Information Gateway, the Pennsylvania Department of Public Welfare employs statewide confidentiality for the medical and social history information of all adoptions that are finalized or registered in the state. This confidentiality helps protect the privacy of the biological parents, adoptive parents, and the adopted child.
The state of Pennsylvania has specific laws in place to ensure that these records remain sealed to maintain the privacy of all parties involved. This means that access to these records is restricted, and special procedures must be followed if one wishes to obtain them.
Who Can Access Adoption Records in Pennsylvania?
Access to adoption records in Pennsylvania is strictly controlled. Typically, only the adoptive parents and the adoptee, once they reach adulthood, can request access. However, obtaining access is not just a matter of putting in a request and receiving the documents; it often requires a court order.
The court will evaluate the circumstances of the request and decide whether or not to grant access based on the best interest of the child and protecting the confidentiality of the biological parents.
Biological Parents
Biological parents do not have access to adoption records after the adoption is finalized. Their rights to the child are terminated as part of the adoption process, and hence, they are not entitled to see the records unless a court specifically grants them access.
Adoptive Parents
Adoptive parents can request access to non-identifying information about the adoption through the Pennsylvania Department of Human Services. However, adoptive parents do not have access to the child's original birth certificate or adoption petition unless the biological parents provide written consent or the court grants them access.
This allows for the exchange of medical and social history between adoptive parents and biological parents without revealing identifying information.
Adoptees
Once an adoptee turns 18 years old, they have the right to access their original birth certificate and request non-identifying information, such as their medical and social history, from their adoption records. If both biological parents and adoptive parents have signed a consent form, then identifying information may also be released. Otherwise, a court order is necessary for an adoptee to access identifying information.
How to Access Adoption Records in Pennsylvania
If you are eligible and wish to access adoption records in Pennsylvania, there are certain steps you will need to take. Here is an outline of the process you may expect:
Establish eligibility: Make sure you meet the requirements to request access to adoption records in Pennsylvania. Typically, only the adoptive parents or the adoptee (after they turn 18) can access non-identifying information within an adoption record.
Petition the court: File a petition to access the adoption record in the county where the adoption was finalized. This petition should outline your reasons for requesting access to the records, along with any supporting documentation.
Notification: The court may notify all relevant parties, including the adoptive parents and perhaps even the biological parents, depending on the case's specific circumstances. This step helps ensure that everyone's rights are considered before any records are unsealed.
Court hearing: Once the petition is submitted and notifications sent out, a court hearing will typically be scheduled. During this hearing, the judge will listen to arguments regarding why access should or should not be granted.
Judgment: The court will ultimately decide whether to unseal the records. This decision will be based on the best interests of the adoptee and whether any parties risk unexpected intrusion on their privacy. If the court grants access, it will specify which documents can be released and under what conditions.
The Role of Intermediaries and Registries for Pennsylvania Adoption Records
When it comes to accessing sensitive information about an adoption, Pennsylvania provides options for adoptees and biological families to connect while maintaining the confidentiality of adoption records. These typically include the Adoption Voluntary Registry or the use of intermediary services.
Adoption Voluntary Registry
The Pennsylvania Adoption Information Registry is a voluntary service that allows adoptees, birth parents, and adoptive parents to register their willingness to be contacted. This registry is a neutral third party that facilitates contact without compromising the confidentiality of sealed records.
By participating in the registry, the individual parties can indicate whether they wish to be contacted. Once a match is made in the registry, identifying information can be exchanged if consent is given by both parties.
Intermediary Services
Intermediary services are another tool for connecting adoptees with their biological parents or siblings while maintaining the privacy of adoption records. Such services act as a go-between to help facilitate connection or reconnection without prematurely revealing the identities of the parties involved or any specific information about the adoption.
Pennsylvania Adoption Records FAQ
Q: What information is typically included in adoption records?
A: Adoption records often include the original birth certificate, the adoption petition, and the final decree of adoption. They may also include medical and social history information, among other related documents submitted to the court during the adoption process.
Q: Can I request access to my adoption records if I was adopted in another state but now live in Pennsylvania?
A: The confidentiality and release of adoption records are governed by the state where the adoption was finalized or registered. If you were adopted in another state, you would need to follow the laws and procedures of that particular state to obtain your adoption records.
Experienced Legal Counsel for Adoption Records
In Pennsylvania, adoption records are not public and are considered confidential. Only specific parties can request access to these records, and even then, only non-identifying information may be available unless a court order is obtained.
This strict confidentiality helps ensure that the privacy of all parties involved in the adoption is protected while allowing for necessary information to be exchanged between the adoptive parents and biological parents. If you have further questions or need help with accessing adoption records in Pennsylvania, contact our team at Iwanyshyn & Associates.
Located in Allison Park, Pennsylvania, we serve clients in Pittsburgh, Wexford, Cranberry, and Gibsonia.