Massachusetts has unique adoption laws.
Some states offer some restricted access to adoption records. This is seen as a compromise between closed and open adoptions. Massachusetts is one state that allows adopted people to have some access to their adoption records. Records are available for the adoptee and the birth parents.
Open Adoption
In Massachusetts, birth parents may be allowed to see and contact an adopted child if all parties agree on the arrangement. All records for the child are available to the birth parents and the adopted family under this agreement. This relationship must be approved by the adopted family and the birth family. The relationship is strictly enforced by the terms of the agreement both parties set up. Any violation of an open adoption's rules results in legal action by the Commonwealth of Massachusetts. If this relationship is not instituted at the time of adoption, birth parents are not given contact to the adopted child or adopted family.
18 and Under
When an adoptee is under the age of 18, the adopted parents have access to some information pertaining to the birth parents. The information available about birth parent varies, but can include the age of the biological parents' at the adoption and if they are deceased. The adopted parents are never given the birth parents' names or current address. When an adopted child reaches the age of 18, they may also have access to this information. The adoptee must formally request this information be released. The paperwork to begin this process must be filed in the municipality where the adopted person was born.
21 and Older
The state law changes when the adopted child is 21 years of age. When an adopted person is over 21, she may access identifying information about the birth parents. The current location of the birth parents is not given. At this point, the adopted person's birth parents can request certain information about their child when she turns 21. A written request by the birth parents allows the birth parents to know the name, but not location, of their 21-year-old child.
Access to Original Birth Certificates
In 2007, a law passed in Massachusetts allowing adopted people born on or before July 17, 1974 to access their original birth certificate. This law also allows adopted parents to access the original birth certificate of an adopted child born after January 1, 2008, until the adopted child reaches the age of 18.
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