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State Laws on Postadoption

Legal issues after an adoption is finalized include the right of an adult adopted person to access his or her adoption records, contact between the birth and adoptive families after the adoption has been finalized, and the inheritance rights of adopted children.

Access to Adoption Records

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
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Download (PDF - 395KB)
Year Published
2020
Discusses laws that provide for access to both nonidentifying and identifying information from an adoption record by adoptive parents and adult adoptees. Generally, the person whose information will be disclosed must consent to the disclosure, and methods of providing consent are discussed. Access to the original birth certificate by the adult adoptee also is addressed.

Intestate Inheritance Rights for Adopted Persons

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
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Download (PDF - 840KB)
Year Published
2016
Discusses the right of an adopted child to inherit from his or her adoptive parents whether or not the parent has written a will. In some States, an adopted person also may retain the right to inherit from a birth parent. The right of inheritance of an adopted child who has been omitted from a will also is discussed. Summaries of laws for all States and U.S. territories are included.

Postadoption Contact Agreements Between Birth and Adoptive Families

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
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Download (PDF - 551KB)
Year Published
2019
Presents State statutes on postadoption contact agreements, which are arrangements that allow contact between a child's adoptive family and members of the child's birth family. Topics covered include the contents of agreements; parties to agreements; the court's role; and enforcing, modifying, and terminating agreements.

Unregulated Custody Transfers of Adopted Children

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
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Download (PDF - 350KB)
Year Published
2022
Provides an overview of State laws related to efforts to curtail the practice of some adoptive parents placing their adopted children into the custody of unrelated persons without the oversight of a child welfare agency or court. Such transfers put a child at risk of abuse, neglect, emotional trauma, and placement instability. States are utilizing a variety of approaches to curb the practice, including criminalizing the act, placing limits on the use of a power of attorney for delegating parental authority, and restricting the use of advertising to find placements for a child.

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Related Content

Search & Reunion in Adoption

Postplacement Adoption Casework Practice

Facilitating Postadoption Contact and Ongoing Relationships

Postadoption Services and Support

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