A Presumption in Favor of Openness: Unsealing Adoption Records

Authors

Emily Ingall, Benjamin N. Cardozo School of Law

Abstract

The note argues that the current system of sealed adoption records in the United States, which prioritizes confidentiality over adoptees' rights, is outdated and harmful. It advocates for a presumption of openness, asserting that adoptees have a fundamental right to access their birth records, which is essential for their identity, medical needs, and psychological well-being. The analysis calls for legal reforms that balance the privacy rights of birth parents with the rights of adoptees to their personal information, proposing a model that includes contact preference registries and access to non-identifying information.

Disciplines

Constitutional Law | Fourteenth Amendment | Human Rights Law | Law

Recommended Citation

Emily Ingall, A Presumption in Favor of Openness: Unsealing Adoption Records, 26 Cardozo J. Equal Rts. & Soc. Just. 305 (2020).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol26/iss2/7