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Title 36 Domestic Relations

Chapter 1 Adoption

Part 1 General Provisions

36-1-133. Release of nonidentifying information concerning biological or legal family.

(a) Upon written request of an adopted person eighteen (18) years of age or older or of the adoptive parents or guardian of an adopted person under eighteen (18) years of age, the biological or legal relatives of an adopted person, the lineal descendants of the adopted person, or the legal representatives of such persons, the department shall provide to such persons, upon proper identification of such persons by the department, nonidentifying information about the adopted person and such person's biological or legal relatives as may be contained in the adopted person's sealed adoption record, sealed record or post-adoption record.

(b) The information that may be released shall include only the following; provided, that nothing in this section shall be construed to authorize or require the release of any information from a sealed adoption record, sealed record or post-adoption record if such information would lead to the discovery of the identity or whereabouts of the biological or legal relatives of the adopted person, if those biological or legal relatives have not registered their consent as provided under §§ 36-1-128 - 36-1-131, or unless the provisions of § 36-1-138 are applicable:

(1) The date and time of the birth of the adopted person and such person's weight and other physical characteristics at birth;

(2) The age of the adopted person's biological relatives at the time of such person's birth;

(3) The nationality, ethnic background, race and religious preference of the biological or legal relatives;

(4) The educational level of the biological or legal relatives, general occupation and any talents or hobbies;

(5) A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion and other similar information;

(6) Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children; and

(7) Available health history of the adopted person, and the person's biological or legal relatives, including specifically, any psychological or psychiatric information that would be expected to have any substantial effect on the adopted person's mental or physical health.

(c) Whenever the department releases information pursuant to the provisions of this section and it appears from the record that the adopted person who has sought information has been adopted two (2) or more times, the department shall specify whether the information released pertains to the adopted person's birth parents or to any intervening adoptive parent(s).

(d) For the purpose of providing full disclosure about a child to be adopted, the department shall provide the same information described in subdivisions (b)(1)-(7) to prospective adoptive parents with respect to any child or children the prospective adoptive parents are seeking to adopt.

Acts 1982, ch. 668, § 1; T.C.A., § 36-141; § 36-1-140; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 89, 90, 120; 2003, ch. 231, § 16.

Compiler's Notes. Former § 36-1-133 (Acts 1951, ch. 202, § 37 (Williams, § 9572.51); T.C.A. (orig. ed.), § 36-134; Acts 1989, ch. 591, § 112), concerning penalties for violation of the part, was repealed by Acts 1995, ch. 532, § 1, effective January 1, 1996.

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