Section 0250-07-12-.04 - PERSONS ELIGIBLE TO REQUEST AND RECEIVE ACCESS TO RECORDS(1) If the adoption of the person for whom access to the adoption records, sealed records, sealed adoption records, or post-adoption records is sought was finalized by the entry of an order of adoption or an order of dismissal, or if the adoption petition involving the person was filed on or after March 16, 1951, or if adoption of the person was attempted or otherwise never completed due to the abandonment as determined by the Department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and a record exists, access to those records as permitted by this Chapter will be provided to an eligible person pursuant to the following provisions, the Contact Veto provisions in Section 0250-7-12-.06, the verification requirements of this Chapter and following the required payment of or waiver of any fees set forth herein, and any other necessary requirements of this Chapter.(2) The following are persons eligible to request access to records: (a) An adopted person twenty one (21) years of age or older, for whom adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained, or the legal representative of such person; and which adoption was finalized by the entry of an order of adoption or an order of dismissal, or if the adoption petition was filed for such person on or after March 16, 1951, or which adoption of such person was otherwise never completed due to the abandonment, as determined by the Department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption; and(b) The birth/adoptive/step parents, the siblings, lineal ancestors or lineal descendants, or their legal representatives, of the adopted person or a person twenty-one (21) years of age or older, or a person for whom adoption records, sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained, with the express written permission of the adopted person or a person for whom sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained. Without the written consent of the adopted person or a person for whom sealed records, sealed adoption records or post-adoption records of an adoption or attempted adoption of such person are maintained, the only information that will be released from the records to persons eligible pursuant to T.C.A. § 36-1-133(a) in this subparagraph is non-identifying information as permitted by T.C.A. § 36-1-133(b)(1)-(7).(3) Except in cases arising pursuant to Tennessee Code Annotated, § 36-1-127(b) or § 36-1-138, no access to identifying information in any adoption record, sealed record, sealed adoption record, post adoption record or adoption assistance record, shall be granted: (a) To any parent, pre-adoptive guardian, sibling, lineal descendant or lineal ancestor of a person for whom records are maintained under the age of twenty-one (21); or(b) At anytime to the adoptive person's parent or pre-adoptive guardian, whose rights were involuntarily terminated for cause in a termination of parental rights proceeding, or the spouse of such person, or to the adopted person's sibling, lineal ancestor, or legal representative of such person; or(c) To any persons whom the sealed record, sealed adoption record or the post adoption record indicate were guilty of a crime of violence or neglect (as neglect is defined in the Department' s Child Abuse Manual) involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent.(4) Eligibility requirements for access to records: (a) Verification of the identity of the requesting party must be made in such manner as is satisfactory to the Department based upon the review of the records or based upon any other satisfactory information provided by the requesting party.(b) Fees as provided in Section 0250-7-12-.07 must be paid or waived as provided by Section 0250-7-12-.07.(c) Persons who are eligible to receive access must sign a sworn statement regarding restrictions on contact as described in the definition in Section 0250-7-12-.02(45) of this Chapter.(d) A new Sworn Statement may be filed at any point prior to initiation of the search. Once the search has been initiated, the search must be completed in accordance with the Sworn Statement on file at the time the search was initiated.(e) The adopted person and the other eligible individual must be twenty-one (21) years of age or older.(f) No identifying information from the records, sealed adoption records or post adoption records shall be released without the written consent of the biological mother if such records indicate by any evidence that, with respect to the adopted person, the biological mother was the victim of rape or incest.1. If, after a diligent search for a biological mother who is determined to have been the victim of rape or incest, the Department obtains information about the death of such parent, the requesting party will be notified of that person's death and whether or not the Department has verified this fact.2. If, after a diligent search for a biological mother who is determined to have been the victim of a rape or incest, the Department is unable to locate the biological mother, the requesting person will be notified and no access to records will be permitted except as otherwise permitted by Tennessee Code Annotated, § 36-1-138(c)(7).Tenn. Comp. R. & Regs. 0250-07-12-.04
Original rule filed October 26, 2001; effective January 9, 2002.Authority: T.C.A. § 36-1-101 et seq., Public Chapter 1079, §13 (1996), Public Chapter 1068 (1996), and Public Chapter 1054 (1996).