110 CMR, § 7.211 - Adoption Records

(1) No records or information of any kind about an adoption which has occurred may be released by any Department employee or any Department agent to any inquiring party outside the Department unless that inquiring party has:

(a) obtained a written order from a Probate Court (See M.G.L. c. 210, § 5D.)

(b) Received approval from a placement agency for release of non-identifying information under M.G.L. c. 210, § 5D; or

(c) Obtained a written order from a probate court for all other adoption records which are not subject to release under M.G.L. c. 210, § 5D. See M.G.L. c. 210, § 5C and 5D(e).

(2) Whenever an inquiring party contacts any Department employee or any Department agent concerning records or information about an adoption that has occurred, the inquiring party shall be informed that:

(a) M.G.L. c. 210, § 5D governs the release of certain non-identifying information to adopted persons, biological parents and adoptive parents; and

(b) The Department will give to the inquiring party a form request for release of adoption records, as established by the Department, and inform the inquiring party as to the types of records which shall be released upon submission of the request form; and

(c) The Department will give to the inquiring party an information sheet, as established by the Department, which shall inform the inquiring party of the name of the applicable Probate Court, and the procedures by which the inquiring party may seek an order from that court for release of adoption records which are not subject to release by the Department pursuant to M.G.L. c. 210, § 5D.

(3) Upon presentation to the Department of a written Probate Court order the Department shall release such information as is provided for in the court's order, in the manner directed by the court.

Notes

110 CMR, § 7.211