Current through September 24, 2024
(1) If the adoption of the person for whom
access to the adoption records, sealed records, sealed adoption records, or
post-adoption records is sought was finalized by the entry of an order of
adoption or an order of dismissal, or if the adoption petition involving the
person was filed on or after March 16, 1951, or if adoption of the person was
attempted or otherwise never completed due to the abandonment as determined by
the Department, on or after March 16, 1951, of any further necessary activity
related to the completion of the adoption, and a record exists, access to those
records as permitted by this Chapter will be provided to an eligible person
pursuant to the following provisions, the Contact Veto provisions in Section
0250-7-12-.06, the verification requirements of this Chapter and following the
required payment of or waiver of any fees set forth herein, and any other
necessary requirements of this Chapter.
(2) The following are persons eligible to
request access to records:
(a) An adopted
person twenty one (21) years of age or older, for whom adoption records, sealed
records, sealed adoption records or post-adoption records of an adoption or
attempted adoption of such person are maintained, or the legal representative
of such person; and which adoption was finalized by the entry of an order of
adoption or an order of dismissal, or if the adoption petition was filed for
such person on or after March 16, 1951, or which adoption of such person was
otherwise never completed due to the abandonment, as determined by the
Department, on or after March 16, 1951, of any further necessary activity
related to the completion of the adoption; and
(b) The birth/adoptive/step parents, the
siblings, lineal ancestors or lineal descendants, or their legal
representatives, of the adopted person or a person twenty-one (21) years of age
or older, or a person for whom adoption records, sealed records, sealed
adoption records or post-adoption records of an adoption or attempted adoption
of such person are maintained, with the express written permission of the
adopted person or a person for whom sealed records, sealed adoption records or
post-adoption records of an adoption or attempted adoption of such person are
maintained. Without the written consent of the adopted person or a person for
whom sealed records, sealed adoption records or post-adoption records of an
adoption or attempted adoption of such person are maintained, the only
information that will be released from the records to persons eligible pursuant
to T.C.A. §
36-1-133(a) in
this subparagraph is non-identifying information as permitted by T.C.A. §
36-1-133(b)(1)-(7).
(3) Except in cases arising
pursuant to Tennessee Code Annotated, §
36-1-127(b) or
§
36-1-138, no access to identifying
information in any adoption record, sealed record, sealed adoption record, post
adoption record or adoption assistance record, shall be granted:
(a) To any parent, pre-adoptive guardian,
sibling, lineal descendant or lineal ancestor of a person for whom records are
maintained under the age of twenty-one (21); or
(b) At anytime to the adoptive person's
parent or pre-adoptive guardian, whose rights were involuntarily terminated for
cause in a termination of parental rights proceeding, or the spouse of such
person, or to the adopted person's sibling, lineal ancestor, or legal
representative of such person; or
(c) To any persons whom the sealed record,
sealed adoption record or the post adoption record indicate were guilty of a
crime of violence or neglect (as neglect is defined in the Department' s Child
Abuse Manual) involving the person who was placed for adoption or who was the
subject of the termination of parental rights by court action or by surrender
or parental consent.
(4)
Eligibility requirements for access to records:
(a) Verification of the identity of the
requesting party must be made in such manner as is satisfactory to the
Department based upon the review of the records or based upon any other
satisfactory information provided by the requesting party.
(b) Fees as provided in Section 0250-7-12-.07
must be paid or waived as provided by Section 0250-7-12-.07.
(c) Persons who are eligible to receive
access must sign a sworn statement regarding restrictions on contact as
described in the definition in Section 0250-7-12-.02(45) of this
Chapter.
(d) A new Sworn Statement
may be filed at any point prior to initiation of the search. Once the search
has been initiated, the search must be completed in accordance with the Sworn
Statement on file at the time the search was initiated.
(e) The adopted person and the other eligible
individual must be twenty-one (21) years of age or older.
(f) No identifying information from the
records, sealed adoption records or post adoption records shall be released
without the written consent of the biological mother if such records indicate
by any evidence that, with respect to the adopted person, the biological mother
was the victim of rape or incest.
1. If, after
a diligent search for a biological mother who is determined to have been the
victim of rape or incest, the Department obtains information about the death of
such parent, the requesting party will be notified of that person's death and
whether or not the Department has verified this fact.
2. If, after a diligent search for a
biological mother who is determined to have been the victim of a rape or
incest, the Department is unable to locate the biological mother, the
requesting person will be notified and no access to records will be permitted
except as otherwise permitted by Tennessee Code Annotated, §
36-1-138(c)(7).
Authority: T.C.A. §
36-1-101 et seq., Public Chapter
1079, §13 (1996), Public Chapter 1068 (1996), and Public Chapter 1054
(1996).
