Are Adoption Records Confidential?
North Carolina seals adoption records to protect the privacy of everyone involved. Here’s what stays confidential, what can be released, and how to request information.
What Records Are Sealed?
Under North Carolina General Statutes Chapter 48, Article 9, nearly every document filed in connection with an adoption, petitions, consents, reports, court orders, and the original birth certificate, becomes a confidential, sealed record once the adoption decree is entered. Only the decree of adoption itself and its entry in the clerk’s special proceedings index remain generally accessible. The clerk of court forwards the sealed file to the NC Division of Social Services, which permanently indexes and retains it.
Non-Identifying vs. Identifying Information
Non-Identifying Information
Adoptive parents, an adult adoptee, or a minor adoptee who is a parent or expectant parent can request a copy of certain background reports and health-related information about the adoptee’s original family directly from the placing agency or the court, without needing to prove a special reason or get a court order.
Identifying Information
Information that could identify a birth parent or other party, including the original birth certificate, is more tightly protected. Releasing it generally requires filing a written motion with the court that handled the adoption.
How to Request Identifying Information or an Original Birth Certificate
To ask a court to unseal identifying information, an individual files a written motion with the clerk of court that had original jurisdiction over the adoption. North Carolina’s Department of Health and Human Services and the placing agency must be given at least five days’ notice and have the right to appear at the hearing. The court’s central concern is the best interest of the adoptee, but it must also weigh the interests of both the adoptee’s birth family and adoptive family before deciding whether to release the information.
If the court grants the motion and specifically authorizes release of the original birth certificate, the State Registrar will issue a certified copy marked to show it is no longer a valid, current certificate.
Confidential Intermediaries and Other Disclosures
Going to court isn’t the only option. A licensed adoption agency can sometimes act as a confidential intermediary, searching for and contacting a birth parent or other party on an adoptee’s behalf, and sharing identifying information only if all parties consent. The law also allows certain limited disclosures without a court order, for example, court and agency staff can access sealed records to carry out their official duties, confirm the name of the court or agency involved in an adoption to someone who can verify their identity, or use sealed information for statistical research that doesn’t identify anyone.
Common Questions
Can I get my original birth certificate as an adult adoptee?
Not automatically. You’ll generally need a court order authorizing its release, though a confidential intermediary or the consent of the parties involved can sometimes provide another path to information.
What counts as non-identifying information?
General background and health-related information about the adoptee’s original family that doesn’t reveal a birth parent’s identity. This can usually be requested directly from the agency or court without a hearing.
Who can see sealed adoption records?
Generally only court and agency staff carrying out their official duties, and only for limited purposes such as verifying identity or conducting anonymized research, unless a court orders broader release.
What happens if an adoption decree is later set aside?
North Carolina law provides for restoring the original birth certificate if a decree of adoption is set aside, reversing the changes made when the adoption was finalized.
Questions About Adoption Records?
Our family law attorneys can help you understand your rights and options for accessing or protecting adoption records under North Carolina law.