Search Options: Confidential Intermediaries

Today I’m continuing my series on search options and focusing on court appointed confidential intermediaries. There are also private intermediaries and I will discuss that in a future blog post. Last month I discussed self searching and mutual consent directories. In future posts I’ll examine other search options such as independent intermediaries, agency assisted searching, independent search consultants, private investigators, search organizations and DNA testing.

Typically, in a confidential intermediary system one party (usually the adoptee) petitions the court in the state of their adoption to allow a court appointed intermediary to view the adoption file, including identifying information and the original birth certificate. The CI then uses this information to try to locate the other party (usually the birth parent). If the other party is located they are asked if they want contact with the searching party. The person who has been found can accept or deny contact. If the found party does not want contact the case is closed and no information can be shared with the original party.

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Not all states have a CI system and in those that do the laws can vary widely. The first step is to find out the law of the state where the adoption was completed. There are over 15 states that currently have a type of confidential intermediary system. To find contact information for a state agency or department that assists in accessing adoption records go to Child Welfare Information Gateway’s National Foster Care and Adoption Directory and search under Accessing Adoption Record (at the bottom of the list of search options). This is a great site to look for many different types of adoption related state laws. As I mentioned in my last post it is very important to read and closely examine any website before entering personal information. There are private intermediaries that charge for their services. You may want to go that route but if you are looking for the state sponsored system be sure to look at the state’s website (the web address should end in .gov).

While a confidential intermediary system is more active than a mutual consent registry, it does not ensure contact. The list of possible problems with these systems is long. First and foremost is the inability to locate the party sought. Extensive searches can be expensive and most states are unable to provide the level of funding necessary for complicated searches. The CI system can be very slow since there is usually limited staff available. In states that use volunteers there can be issues with handling the volume of requests and the amount of time each request demands. Training the volunteers also involves substantial cost and time. And, as with mutual consent directories, the lack of publicity and public knowledge of CI systems keep many from even knowing about this option.

If a party is located and contact is made there are additional issues that can arise. A major issue of concern is that a birth parent’s refusal to consent basically ends the process and prevents the adoptee from access to any information. It completely shuts the door on this option and most states do not allow additional requests down the road. And if a party is contacted they may not be prepared to make a quick decision and mostly likely will not be given any support or counseling in making the decision. Most intermediaries have limited time and resources (and in some states limited training) and need an answer and then must move on.

As with all search options there are pros and cons that must be considered. Court appointed confidential intermediary systems can be effective if all the parties are willing to communicate but simply need help in making a connection.

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