Articles

The Givenness of Kin: Legal and Ethical Issues in Accessing Adoption Records

---

Abstract

In the United States, legal adoption was originally a means of establishing heirship and thus required an open record. Later, it became primarily a matter of establishing fictive parenthood, and records became closed to foster that illusion. As a result of this change, current practice in relation to records associated with adoption is often in conflict with general archival principles. The three central issues that have developed regarding adoption-the "sealed record," "as if," and "in the best interests of the child" have been applied beyond their original intent. More recent concepts, such as "wrongful adoption" and the implementation of registries, raise further access issues. Archivists need to have an understanding of the contexts of the creation and use of records associated with adoption in order to administer access to them in a legal and ethical way, and to enable them to contribute to the public debate on access to adoption records.

How to Cite:

Armstrong-Ingram, R., (1997) “The Givenness of Kin: Legal and Ethical Issues in Accessing Adoption Records”, Archival Issues 22(1), 21–35. doi: https://doi.org/10.31274/archivalissues.10625