Access to Adoption Records Changes

Posted By Matthew Clawson || 11-Aug-2014

Colorado has adopted new standards to provide for uniform access to adoption records, including original birth certificates. The new law recognizes that members of the three primary parties of an adoption - adopter, adopted, and birth parents - all have interests in the adoption records, especially whether those records should be disclosed. The new law maintains the confidentiality to non-private parties (except by court order), but clarifies when those records may be disclosed to members of the adoptive triad during the lifetime of the adoptee, after the adoptee is deceased or during the lifetime of the adoptive parents.

"Contact Preference" Under the Old System

In years past, a birth parent would indicate the preference for release of the original birth certificate by using a "contact preference" form, which would be issued by the state's registrar. The birth parent declares on this document whether they prefer to be contacted by any of the two other primary parties of an adoption, either directly or done by a disconnected, neutral party. This form will no longer be used after December 31, 2015. Beginning January 1, 2016, the contact form will change, no longer offering the option of refusing to release the original birth certificate to the other parties involved, including descendants.

Recent Changes Bring Greater Access

The new law expressly states that it is the intent of the Colorado legislature that access to adoption records should not depend on the law in place when the adoption took place. The new law also affirms current Colorado law which requires the keeper of adoption records to release those records, to any interested party with valid reason, including legal advocates (i.e. a lawyer or court guardian). Additionally, Colorado law requires that the keeper of adoption records must also provide, on request, direct access to an adoptee's spouse, half-siblings, and a myriad of other loosely related family members

Are the changes retroactive?

But what to do with access to adoption records for adoptions that occurred before the new law goes into effect? The new law specifies how to phase out the preferences used in the old contact forms and directs the state registrar, in some instances, to locate the adoptive parents to determine their current wishes. In other instances, the law permits the state registrar to release the original birth certificate containing the name of the parent wishing confidentiality deleted, but otherwise disclosing the consenting parent.

Categories: Adoption, Family Law

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