Records of adoption and court proceedings are oftentimes sealed after an adoption is finalized to ensure privacy. The confidentiality of adoption files is put in high regard in the State of California, because like most states, California is a “closed adoption” state. Due to the strict laws in place, adopted individuals are not permitted to see their adoption records without a court order, but there are instances where a person may question how to access these records. Here’s how to access California adoption records.
How To Obtain a Copy of Adoption Record
An individual must file a petition to obtain a copy of their requested adoption record. For an individual seeking to obtain a copy of adoption information, it may be useful to check what petition their county requires to obtain this type of information. For example, the county of Los Angeles requires individuals to file an application and order for approval of the court to obtain information relating to adoption. Under California Family Code Section 9200, the release of any adoption information is prohibited unless for “exceptional circumstances and for good causes approaching the necessitous”. In some California counties, this statute has been interpreted to allow adoptive parents access to identifying information at any time. These counties are known as “open counties” and include Santa Clara, Contra Costa, Glenn, Orange, as well as several others. In this case, any open county may have its own policy requirements for obtaining adoption information, such as needing a notarized letter from the adoptive parents, or that they are physically present.
Where Do I Need To Go?
Adoption records are maintained by the superior court. In order to obtain a copy of the requested adoption record, an individual filing for petition must do so in the clerk’s office of the county superior court where the adoption was finalized. One useful resource for this step is to locate the appropriate superior court’s contact information. This can be accomplished through the California Courts website, which will pinpoint the courts located within a specific zip code radius.
California Mutual Consent Program
The State of California is unique in that it has a Mutual Consent Program, which allows adoptees, their birth parents, and their siblings to access each other’s contact information as long as both parties have submitted consent forms. This program is administered by either the California Department of Social Services (CDSS) or the licensed California public or private adoption agency responsible for handling the adoption. An adoptee who wishes to take part in this program may complete a Consent for Contact (AD 904) form, before submitting it to either CDSS or the licensed California adoption agency that handled the adoption. The CDSS or the adoption agency involved may disclose to both parties the names and addresses to one another for contact, as long as the CDSS or agency receives a consent form from the adult adoptee (meaning they need to be 18 years of age or older) and a consent form from one of their birth parents. For individuals who are unsure of what licensed California adoption agency handled their adoption records, they can simply mail their Consent for Contact form to the CDSS.
FAQs About Accessing California Adoption Records
What is the purpose of an Adoptions Information Act Statement?
There are two types of Adoptions Information Act Statements that pertain to the disclosure of adoption information: AD 908 and AD 908A. The CDSS or licensed California adoption agency that handled the adoption are permitted to disclose the name and address of an adoptee’s birth parent(s) if one of three things apply:
- The birth parent signed a consent for adoption, or had their parent’s rights involuntarily terminated by a court action after January 1, 1984
- The birth parent signed an Adoptions Information Act Statement (AD 908), which grants permission for disclosure of their name and address
- Or, an adoptee 21 years of age or older submitted an Adoptions Information Act Statement (AD 908A) form requesting the disclosure of the name and address of their birth parent(s)
What forms are necessary to make contact with a sibling?
For adoptees who know they have a sibling and wish to make contact with them, they must first submit a Waiver of Rights to Confidentiality for Siblings form (AD 904A or AD 904B) to the CDSS or licensed California adoption agency that handled the adoption. If the sibling did not submit a waiver form to either of the above sources, then you may petition the county superior court where the adoption was finalized, and request that a confidential intermediary be appointed.
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