What are the laws regarding adoption records?

The laws in Delaware regarding adoption records vary depending on when the adoption process was completed. Adoptions before July 1, 1941 are typically closed, meaning that adoption and court records are confidential and not available to the public. Adoptions after July 1, 1941 and before August 1, 1997 are open adoptions, with some confidential information available to the parties involved. If an adopted person was born on or after August 1, 1997, then the individual has unrestricted access to all their adoption records and those of their siblings, including medical records, adoption Agency records, court records, and any other information related to the adoption. In Delaware, adopted persons 18 or older can request their original birth certificate and adoption papers, or update them. Birth parents who gave their child up for adoption or adult siblings of the adopted person may also request copies of the adoption records. The Office of Vital Statistics is responsible for processing these requests. The state may charge a fee for records, and the person requesting the records may need to provide proof of their identity. In the case of closed adoptions, adoption records will not be available to the adopted person unless both of the birth parents agree to disclose the records. If the birth parents disagree, the adopted person can file a petition in court. The court will consider the petition and make a decision regarding disclosing the records.

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