Access to Adoption Records

Who May Access Information
Citation: Ann. Stat. §§ 48.432; 48.433

Nonidentifying information may be provided to:

• The adoptee who is age 18 years or older
• The adoptive parent
• The guardian or legal custodian of an adoptee
• The offspring of an adoptee if the requester is age 18 or older
• An agency or social worker assigned to provide services to the adoptee or place the child for adoption

Identifying information may be accessed by the adoptee who is age 21 or older.

Access to Nonidentifying Information
Citation: Ann. Stat. §§ 48.432; 48.433

Whenever any person listed above wishes to obtain medical and genetic information about a birth parent who consented to his or her child's adoption before 2-1-1982, and the information is not on file with the department or agency, the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual has or may have acquired a genetically transferable disease or that the individual's medical condition requires access to the information.

If a birth parent is located but refuses to provide the information requested, the department or agency shall notify the requester without disclosing the birth parents identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. If the department or another agency that maintains records relating to the adoption receives a report from a physician stating that a birth parent or another offspring of the birth parent has acquired or may have a genetically transferable disease, the department or agency shall notify the adoptee of the existence of the disease, if he or she is age 18 or older, or notify the adoptee's guardian or adoptive parent if he or she is younger than age 18.

If the department or agency may not disclose the identifying information requested per § 48.433, it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.

Mutual Access to Identifying Information
Citation: Ann. Stat. § 48.433

The birth parent may file an affidavit authorizing the release of any available information about the birth parent's identity and location. An affidavit may be revoked at any time by notifying the department or agency in writing.

An adoptee who is age 21 or older may request any available information regarding the identity and location of his or her birth parents. The requested information may be disclosed if the department or agency has on file unrevoked affidavits from both birth parents or, if one of the birth parents was unknown and the known birth parent has filed an unrevoked affidavit.

If the department or agency does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request, search for each birth parent who has not filed an affidavit. If the birth parent is contacted and files an affidavit, the department shall disclose the requested information. If the birth parent does not file the affidavit, the department may not disclose the information. If, after a search, a known birth parent cannot be located, the department may disclose the requested information if the other birth parent has filed an unrevoked affidavit.

If a birth parent is known to be dead and has not filed an unrevoked affidavit, the department shall so inform the requester. The department may not release the identity of that parent but shall release any available information regarding the identity and location of the other birth parent if the other birth parent has filed an unrevoked affidavit and 1 year has elapsed since the death of the deceased birth parent.

The requester may petition the court to order the release of any information that may not be disclosed under this section.

Access to Original Birth Certificate
Citation: Ann. Stat. § 48.433

The original birth certificate is available upon request to the adoptee who is age 21 or older if the birth parents have filed affidavits authorizing disclosure.

Contact:

Adoption Records Search Program
PO Box 8916
Madison, WI 53708-8916
(608) 266-7163
http://www.dhfs.state.wi.us/Children/adoption/adsearch.htm

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)