Confidentiality In Adoption Research Paper
The principle of confidentiality in adoption
The concept of modern adoption, as we conceived it, is one of the Family Law institutions that has suffered multiple changes throughout history. Adoption severs all legal ties between the adoptee and his biological family and creates a new permanent legal relationship between the adoptee and his adoptive family. It is characterized by the following elements: finality, replacement of the original filiation, and confidentiality.
The principle of confidentiality in adoption encompasses the legal proceedings and the records. It refers to the drastic limitations of the usual publicity that characterizes other civil matters. Other terms that are used to accomplish this purpose are: “secret”,
“absolutely secret”, “confidential”, and “private”. Confidentiality in adoptions has been favored because it has helped to the integration of the minors into their new families. Nonetheless, to the extent that the values, mores and social interest have been changing, a very important debate has taken place regarding the confidentiality of the adoption files. The practice of restricting access to the records creates a conflict between the interests, on one side the adoptee to learn about his origin, and the other side the State’s public policy related the its privacy.
The concept of modern adoption, as we conceived it, is one of the Family Law institutions that has suffered multiple changes throughout history. Adoption severs all legal ties between the adoptee and his biological family and creates a new permanent legal relationship between the adoptee and his adoptive family. It is characterized by the following elements: finality, replacement of the original filiation, and confidentiality.
The principle of confidentiality in adoption encompasses the legal proceedings and the records. It refers to the drastic limitations of the usual publicity that characterizes other civil matters. Other terms that are used to accomplish this purpose are: “secret”,
“absolutely secret”, “confidential”, and “private”. Confidentiality in adoptions has been favored because it has helped to the integration of the minors into their new families. Nonetheless, to the extent that the values, mores and social interest have been changing, a very important debate has taken place regarding the confidentiality of the adoption files. The practice of restricting access to the records creates a conflict between the interests, on one side the adoptee to learn about his origin, and the other side the State’s public policy related the its privacy.