Tennessee laws governing adoption records generally support the rights of adult adoptees to know their biological origins. If you are an adult adoptee seeking access to your Tennessee adoption records, you may need assistance from a Hendersonville adoption attorney.

As you consider your options, it’s important to recognize that the laws governing Tennessee adoption records attempt to balance competing interests, resulting in complex regulations.

The law attempts to give adopted adults most of the details about their adoptions while protecting the privacy rights of birth and adoptive parents.

What Do Tennessee Adoption Record Laws Presume?

Tennessee adoption record laws are based on two presumptions. The first presumption is that all people, including those who have been adopted, have a right to know about their history and heritage.

The second presumption is that birth parents, adoptive parents, and adoptees should be allowed to decide if they want to be contacted by one another.

When Do Adult Adoptees Need Legal Counsel?

A Hendersonville adoption lawyer can ensure your request for adoption records is accurate and complete, with no mistakes that delay the process. After you receive your basic records from the Department of Children’s Services, you may want more.

In a medical emergency, you may not have time to wait for a response from the Department of Children’s Services, but your attorney can petition the court to order the immediate release of your adoption records.

Who May Access Tennessee Adoption Records?

Anyone seeking access to sealed adoption information must make a written request using form CS-1026 (Access to Sealed Adoption Records/Release of Information).

The request should include as much information as is known, such as the adoptee’s full name, parents’ names, and any other details that may help locate a record. Persons who are eligible to receive access to adoption records include:

1. The adoptee, 18 years of age or older, or emancipated.
2. The adoptee’s birth, adoptive, step, or legal parents or siblings who are 18 or older.
3. The adoptee’s lineal ancestors or descendants who are 18 or older.
4. The adoptive parents of an adoptee under 18 years of age.
5. The legal representatives of any of these persons.

What Else Should Those Seeking Adoption Records Know?

Except for adoptions that were finalized (or pending finalization) before March 16, 1951, an adult adoptee must consent to a release of any identifying information in the sealed record. For an adoptee under the age of 18, the consent of an adoptive parent is required.

No identifying information can be released from any record without the written consent of the birth mother if the record indicates, with respect to the adoptee, that the birth mother was a victim of rape or incest.

Form CS-4226 (Consent or Denial of Adoption Record Information Release) is provided to the adoptee or birth mother to document their consent or denial.

Older Adoption Records and Exceptions

Identifying information is never given out in the following situations without a court order:

1. If the adoptee is under 18 years old.
2. If the records show that the birth mother was a victim of rape or incest and has not consented to the release of the information.
3. If the requesting party or that party’s representative had their parental rights to the adopted person involuntarily terminated for cause.
4. If the record indicates that the requesting party or that person’s relative neglected or committed a crime of violence against the adopted person.

Records for adoptions before March 16, 1951, were never legally sealed in the same manner as modern records. These older records are generally available to eligible parties through a simpler request process. A Hendersonville adoption lawyer can assist you in making the request.

Due to the historical scandal involving the Tennessee Children’s Home Society, all records related to this agency are open to adoptees and their families, regardless of the year of adoption.

How Do You Obtain Tennessee Adoption Records?

To begin the process, adult adoptees typically do not need a court order unless their birth occurred in Tennessee and the adoption was finalized in another state. The process may take up to three months and involves these steps:

1. Make a request: Send a “Request for Access to Sealed Adoption Records” to the Tennessee Department of Children’s Services. Let an adoption lawyer help you complete the paperwork.
2. Verification: Provide valid government-issued identification.
3. Fees: Your request requires a statutory fee of $150 (as of 2025), but a waiver is available for those who meet the low-income criteria. There is also a 25-cent per-page copy fee.
4. Original birth certificate: After the Department of Children’s Services approves the request, it provides the adoptee with the necessary authorization to obtain a copy of the original birth certificate from Tennessee’s Office of Vital Records.

Those eligible to receive identifying information from the Department of Children’s Services are also authorized to obtain their original or amended birth certificates from the Department of Health, the courts, the adoption agency, and any other information source.

What is an Adoption Attorney’s Role?

Adoption records are sealed by law; a Hendersonville adoption attorney knows how to open them. Adoption attorneys handle the most complex cases, including adoptions involving other states, international adoptions, and cases where the birth parents are difficult to locate.

The Sumner County family law attorneys at Garner Law Firm can answer all of an adult adoptee’s concerns and questions about adoption records. They will explain your rights and guide you through each step of the process of obtaining your adoption records.

About Garner Law Firm

At Garner Law Firm, attorney Patti B. Garner leads a legal team that also handles divorces, child custody battles, child support conflicts, alimony disputes, and other family law concerns.

If you are considering expanding your family through adoption, we can provide you with assistance. At Garner Law Firm, we bring extensive experience in family law to every case and client.

Ready to access your adoption records or need guidance on a family law matter? Call us today at 615-502-4336 for a free, confidential consultation and take the next step with our dedicated legal team by your side.