Collection of Family Information About Adoptees and Their Birth Families: Summary of State Laws

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Current through November 2009

This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.

Requirements for collecting information about adopted people and their birth relatives vary from State to State. All 50 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, and Puerto Rico have statutes that specify the kinds of information that may be collected and shared with the adopting parents.

Agency or Person Preparing the Report

State laws specify the persons or entities authorized to prepare a report about the conditions and antecedents (family history) of the child to be adopted. In most States, information about the child and his or her birth family is compiled by the child-placing agency, the State's department of social services, or other designated person or agency that arranged the adoption. In approximately 10 States, the Northern Mariana Islands, and Puerto Rico, the court may designate another qualified person, such as a social worker or specially trained investigator, to complete the report on the birth family.¹ In approximately nine States, the child's parent or other person placing the child for adoption is required to submit family information to the court.²

Contents of Report About the Adopted Person

Generally, information compiled about the adopted person includes medical and genetic history, family and social background, mental health history, placement history, and any history of abuse or neglect. In 15 States, the requirements ask for detailed information on the child, including medical and developmental history, as well as any school records.³ In five States and the District of Columbia, the report must provide the child's religious and ethnic background, if known.⁴

In four States, the report must indicate whether the adopted person is an Indian child, and, if so, whether the placement complies with the Indian Child Welfare Act.⁵ In Alabama, Pennsylvania, the District of Columbia, and American Samoa, the report must disclose any known assets or property owned by the child. Massachusetts requires verification that the adopted person is not listed on the Federal register of missing children. Approximately seven States require information on whether the child is eligible for any State or Federal adoption assistance.⁶

Contents of Report About the Birth Family

States generally require reports that include information about the birth parents' medical and genetic histories, family and social backgrounds, mental health histories, religious backgrounds, ethnic and racial backgrounds, and educational levels attained. In 16 States, the same types of information must be collected and disclosed about extended family members, including grandparents, aunts, and uncles, whenever possible.⁷ Some States also provide for information to be collected on physical appearance, talents, hobbies, field of occupation, and drugs taken by the mother during pregnancy. In most instances, only nonidentifying information is shared with the adopting parents.⁸ However, in Colorado, New York, and American Samoa, names, addresses, and other identifying information about the birth parents, if obtainable, must be included in the reports.

When the Report Is Made

The timeframes for collecting the information and making a report about the birth family vary from State to State. In 20 States, the information must be provided to the prospective adoptive parents prior to the placement of the child.⁹ In seven States, American Samoa, and the District of Columbia, the report on the birth family's background must be included with the adoption petition.¹⁰ Three States require relinquishing birth parents to submit family and medical information to the court at the time that parental rights are terminated.¹¹

In nine States and Puerto Rico, statutes require the court to order a study and report when the initial application to adopt is filed, with specific time limits for completion.¹² Nine States, Guam, and the Northern Mariana Islands require the report to be submitted prior to the final hearing on the adoption petition.¹³ Maryland will provide any available information on the birth family to the adoptive parents upon request.

Exceptions for Stepparent or Relative Adoptions

In 23 States, American Samoa, and the District of Columbia, an investigation into a child's family background is not required when the child is being adopted by his or her stepparent.¹⁴ In 18 States, the requirement is waived if the child is being adopted by a close relative.¹⁵ If the adopted person is an adult, no report is required in seven States and the District of Columbia.¹⁶ Other cases in which the requirement may be waived include adoption by a legal guardian (in American Samoa), by the parent's domestic partner (in the District of Columbia), or by a person named in a deceased parent's will (in New Mexico).

In all cases, the court, in its discretion, may order an investigation.

To access the statutes for a specific State or territory, visit the State Statutes Search.

¹ The word approximately is used to stress the fact that States frequently amend their laws. This information is current as of November 2009. The States that currently have this provision include Alabama, Alaska, Colorado, Georgia, Indiana, Kansas, Kentucky, Ohio, Pennsylvania, and South Dakota. back
² Iowa, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, Texas, and Vermont. back
³ California, Connecticut, Florida, Illinois, Iowa, Maine, Michigan, Minnesota, New Mexico, Ohio, Oklahoma, Rhode Island, Texas, Vermont, and Washington. back
⁴ Iowa, Michigan, New Hampshire, New York, and Pennsylvania. back
⁵ Montana, Nevada, Ohio, and Oklahoma. back
⁶ Florida, Michigan, Nevada, Oklahoma, Rhode Island, Texas, and Vermont. back
⁷ Illinois, Kentucky, Louisiana, Mississippi, Nebraska, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wisconsin. back
⁸ For more information on accessing adoption records, see Information Gateway’s Access to Adoption Records. back
⁹ Arizona, Arkansas, California, Illinois, Louisiana, Maine, Michigan, Minnesota, Missouri, New Jersey, New Mexico, North Carolina, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Washington, and Wisconsin. back
¹⁰ Colorado, Kansas, Mississippi, Montana, Nebraska, Nevada, and New York. back
¹¹ New Hampshire, South Dakota, and Wisconsin. back
¹² Connecticut (within 60 days), Delaware (60 days), Idaho (30 days), Indiana (30 days), Iowa (30 days), Kentucky (90 days), Massachusetts (30 days), Pennsylvania (6 months), Virginia (60 days), and Puerto Rico (60 days). back
¹³ Alabama, Alaska, Florida, Georgia, Hawaii, North Dakota, Ohio, Utah, and Wyoming. back
¹⁴ Alabama, Alaska, Arizona, Arkansas, Connecticut, Florida, Idaho, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, and Virginia. back
¹⁵ Alabama, Alaska, Arizona, Arkansas, Florida, Idaho (by a grandparent only), Illinois, Louisiana, Maine, Michigan, Nevada, New Mexico, Ohio (by a grandparent only), Oklahoma, Rhode Island, South Carolina, Texas, and Virginia. back
¹⁶ Alaska, Arkansas, Florida, Illinois, Iowa, Minnesota, and North Dakota. back

This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

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