State 

Statutes

Series

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau

Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

703.385.7565 or 800.394.3366

Email: info@childwelfare.gov

www.childwelfare.gov

Requirements for collecting information about 

persons involved in an adoption vary from State 

to State. Each State has laws that specify the kinds 

of information that may be collected and shared 

among the parties. 

Who May Collect

Information

State laws specify the persons or entities authorized 

to collect information. In most States, information 

about the child to be adopted and the child’s birth 

family is compiled by the child-placing agency or 

Electronic copies of this publication 

may be downloaded at 

www.childwelfare.gov/systemwide/

laws_policies/statutes/collection.cfm

To find statute information for a 

particular State, go to 

www.childwelfare.gov/systemwide/

laws_policies/search/index.cfm

To find information on all the 

States and territories, order a copy 

of the full‐length PDF by calling 

800.394.3366 or 703.385.7565, or 

download it at 

www.childwelfare.gov/systemwide/

laws_policies/statutes/collectionall.

pdf

Collection of Family

Information About

Adopted Persons,

Birth Parents, and

Adoptive Parents

Current Through 

July 2006
Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents www.childwelfare.gov

 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/collection.cfm.

the department of social services. In some States, the court may 

designate another qualified person, such as a social worker or 

specially trained investigator, to complete the history of the 

birth family. In approximately nine States, the child’s parent or 

other person placing the child for adoption is required to submit 

family information to the court.

Information about the adopting parents is collected as part of 

the adoption home study or investigation, and in most States, 

this study is completed by a child-placing agency or the department of social services. Other individuals, such as social workers 

or private investigators, may also be certified to conduct these 

investigations.

Generally, information compiled about the child to be adopted 

includes medical and genetic history, family and social background, mental health history, placement history, and any history 

of abuse or neglect. Some States are more specific in their 

requirements and require detailed information on the child, 

including dental, immunization, and developmental history, as 

well as any school records. Approximately seven States require 

information on whether the child is eligible for any State or 

Federal adoption assistance.

States generally require information about the birth parents’ 

medical and genetic history, family and social background, 

mental health history, religious background, ethnic and racial 

background, and educational level attained. Some States also 

provide for information to be collected on physical appearance, 

talents, hobbies, field of occupation, and drugs taken by the 

mother during pregnancy. In most instances, only nonidentifying information is shared with the adopting parents. However, 

in Colorado, New York, and American Samoa, the names, 

addresses, and other identifying information about the birth 

parents, if obtainable, will be provided to the adoptive parents.

	 The word approximately is used to stress the fact that States frequently amend their

laws. This information is current as of July 2006. The States that currently have this

requirement include Arizona, Indiana, Iowa, Montana, North Carolina, Texas, Vermont,

Washington, and West Virginia.

Michigan, Missouri, Nevada, Oklahoma, Rhode Island, Texas, and Vermont.

Information

About the

Adopted Person

Information

About the

Adopted Person

Information

About Birth

Parents

Information

About Birth

Parents
Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents www.childwelfare.gov

 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/collection.cfm.

Typically, prior to or immediately after an adoption petition is 

filed with the court, an investigation of the prospective adoptive 

parents is conducted to determine the suitability of the home 

for the child to be adopted. All States also require a criminal 

background check of the adoptive parents, and many States also 

require a check of the State’s child abuse registry. The report 

produced from such investigations is known as the home study, 

family profile, or preplacement report.

In general, to determine suitability of an adoptive placement, 

the home study will look at the petitioner’s physical health, emotional maturity, financial situation, and family and social background. In some States, the home study or preplacement report 

will also include the following information:

Employment history

Racial and ethnic background

Religious background

History of drug or alcohol abuse

History of domestic violence

For more information about the home study process, see the 

Child Welfare Information Gateway factsheet, The Adoption 

Home Study Process:

www.childwelfare.gov/pubs/f_homestu.cfm

	 The Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248), that was

enacted in July 2006, will require all States to conduct national criminal records checks,

as well as child abuse registry checks, on all prospective adoptive parents. For a more

detailed discussion of this requirement, see Criminal Background Checks for Prospective 

Adoptive and Foster Parents, available from Child Welfare Information Gateway at www.

childwelfare.gov/systemwide/laws_policies/statutes/background.cfm.

In Michigan, Montana, New Mexico, New York, North Carolina, Oklahoma, Rhode

Island, South Dakota, West Virginia, and Puerto Rico.

	 In Michigan, Montana, North Carolina, Pennsylvania, South Dakota, Vermont, and the

District of Columbia.

In Arizona, Illinois, Montana, New York, North Carolina, Pennsylvania, Vermont, and the

District of Columbia.

	 In Colorado, Michigan, Montana, North Carolina, Rhode Island, and Vermont.

In Colorado, Michigan, Minnesota, Montana, North Carolina, and Vermont.

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•

•

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Information

About Adoptive

Parents

Information

About Adoptive

Parents
Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents www.childwelfare.gov

 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/collection.cfm.

Child Welfare Information Gateway produces a separate 

factsheet on accessing family information from adoption records. 

To read Access to Adoption Records, go to:

www.childwelfare.gov/systemwide/laws_policies/statutes/infoaccessap.cfm

Accessing This

Information

This publication is a product of the State Statutes Series 

prepared by Child Welfare Information Gateway. While 

every attempt has been made to be complete, additional 

information on these topics may be in other sections of a 

State’s code as well as in agency regulations, case law, and 

informal practices and procedures.