Birth Parents and the Right to Privacy in Adoption Planning

If you’re pregnant and thinking about placing your baby for adoption, it’s normal to have lots of questions. Some of those questions may be about birth parents’ right to privacy, especially when it comes to adoption planning.
 
Adoption laws vary by state, and privacy laws cover a wide range of issues. The question of birth parents’ right to privacy is the kind of thing that courts consider — sometimes all the way up to the Supreme Court.
 
But when it comes to adoption planning, even open adoptions, expectant moms can still arrange for a level of privacy that they find comfortable.
 
There are lots of questions that come up with this topic. To speak with a caring adoption coordinator about this or any other adoption-related issue, don’t hesitate to get in touch with Lifetime Adoption today.
 

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Table of Contents

• Understanding Birth Parents’ Right to Privacy
• During the Adoption Planning Process
• After the Adoption
• The Adoptee’s Right to Know
• The Reality of Modern Technology
• When Privacy Isn’t Just a Preference—It’s a Necessity
• The Heart of the Matter

Understanding Birth Parents’ Right to Privacy

Lifetime Adoption is a domestic open adoption agency, and we take privacy seriously. We honor and protect our birth parents’ right to privacy before, during, and after the adoption. Everything with Lifetime is confidential.
 
Your right to privacy as a birth parent is important and real, though it evolves throughout the adoption process. Let’s walk through what this means at each stage.
 

During the Adoption Planning Process

When you’re making an adoption plan, your privacy matters deeply. You have the right to confidentiality as you navigate this important decision. This means you get to choose the adoptive family, decide how much information you’d like to share, and move through this process with the dignity and privacy you deserve.
 
Your right to informed consent is equally important. You have the freedom to make thoughtful decisions about what you disclose and when. It’s essential to understand, though, that while you have every right to privacy during planning, this is more about having choices than guaranteeing permanent anonymity. Knowing the difference helps you make better choices for your future.
 
As an expectant mother considering adoption, you don’t have to tell your family. You have the right to disclose only as much information as you are comfortable with.
 

Your Medical Records

All your medical records are protected by what’s known as HIPAA (the Health Insurance Portability and Accountability Act).
 
As the U.S. Department of Health & Human Services states, HIPAA rules “contain privacy, security, and breach notification requirements that apply to individually identifiable health information created, received, maintained, or transmitted by health care providers who engage in certain electronic transactions, health transactions, health plans, health care clearinghouses, and their business associates.”
 
Long story short: When it comes to adoption, you can expect and demand complete privacy and confidentiality through the entire adoption planning process.
 

After the Adoption

Once the adoption is finalized, privacy becomes a more complicated conversation, and it’s shaped significantly by where you live.
 

State Laws and Your Rights

Each state approaches the birth parents’ right to privacy differently. Some states allow you to request that identifying information remain sealed, honoring your desire for privacy.
 
Other states prioritize an adult adoptee’s right to access their birth records once they reach adulthood. It’s a balancing act that varies from one place to another, and understanding your state’s specific laws can help you know what to expect.
 

The Adoptee’s Right to Know

Many people in the adoption community believe that adult adoptees have a fundamental right to access their birth records, medical history, and genetic information.
 
For many adoptees, this information is deeply connected to their sense of identity and belonging. It’s not about diminishing your rights as a birth parent; it’s about recognizing that adoptees have their own journey of self-discovery.
 

The Reality of Modern Technology

Here’s something important to understand: DNA testing services and online genealogy tools have changed the adoption landscape in ways we couldn’t have imagined years ago.
 
These technologies can bypass sealed records entirely, making it possible for connections to happen regardless of legal protections. While this might feel unsettling if you were counting on permanent anonymity, it’s simply the reality of our interconnected world today.
 

Finding Balance: Birth Parents and Adoptees Both Matter

The ongoing discussion about adoption privacy really centers on honoring both birth parents’ need for privacy and adoptees’ need for information about their origins.
 
What’s truly heartwarming is that many birth parents ultimately find that they want contact with the child they placed. For countless birth parents, being able to answer their child’s questions brings a sense of peace and closure that they didn’t expect. Open adoption often becomes a source of healing rather than something to fear.
 

When Privacy Isn’t Just a Preference—It’s a Necessity

Every birth parent’s story is unique, and for many, the need for privacy wasn’t simply a preference—it was essential for their well-being and safety.
 
When birth parents chose adoption in the past, they often faced circumstances that made confidentiality crucial. Perhaps they worried about how family members would react, or their housing and financial stability depended on keeping the adoption private. Some chose adoption specifically to protect their child from difficult or even dangerous situations. Others worried about what people would think, knowing that despite adoption being a loving choice, not everyone would understand or support their decision.
 
For these deeply personal reasons, many birth parents chose closed adoptions and requested that their privacy be honored. In some cases, they weren’t even offered the choice of staying in touch; outdated adoption practices suggested that a complete separation was best for everyone involved, though we now know this wasn’t always true. This approach meant that names, personal histories, and adoption details remained sealed, sometimes for decades.
 
After building their lives around a closed adoption, it’s completely understandable that some birth parents feel apprehensive about contact from their birth child. They may worry about how it would affect their current family, or feel emotionally overwhelmed by the thought of reconnecting after so many years. Placing a child for adoption carries emotional complexity that doesn’t simply fade with time. An unexpected outreach from an adult adoptee can bring up feelings and circumstances that are challenging to navigate, no matter how much time has passed.
 
If you’re a birth parent who chose privacy for important reasons, your feelings are valid. Your story matters, and so do the circumstances that shaped your decisions.
 

The Heart of the Matter

In essence, you absolutely have the right to privacy during your adoption planning process. You deserve respect, confidentiality, and the space to make the best decision for yourself and your baby.
 
Looking further ahead, long-term privacy from an adult adoptee is both legally and practically more complex. Laws differ from state to state, and modern technology has shifted what’s possible.
 
But here’s what we’ve learned over decades of working with birth parents and adoptees: openness and access to information often lead to healing for everyone involved. Many birth parents discover that the relationship with their child—even if it develops years later—becomes a meaningful and positive part of their life story.
 
Whatever your hopes and concerns about privacy, we’re here to help you navigate them with care, honesty, and support every step of the way.
 
To speak with a caring adoption coordinator about this or any other adoption-related issue, don’t hesitate to get in touch with Lifetime Adoption today by calling or texting us at 1-800-923-6784.

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Editor’s Note: This article was originally published on October 2, 2020, and has since been updated.