If you are adopted and have begun searching for your biological parents or you think you might undertake a search in the future, you might very well come across the term confidential intermediary. On the same note, if you relinquished a child to adoption and have begun searching for him or her or you think you might in the future, this information is also pertinent.
Historically, most adoptions were closed, meaning the identities of the biological parents were hidden from the adoptee and adoptive parents, and the identities of the adoptee and adoptive parents were hidden from the biological parents.
Today, open or partially open adoptions are much more common, but there are still millions of historical adoptions that have maintained this secretive status of hidden identities. This creates a dilemma for those who later become interested in discovering these hidden identities.
When a member of the adoption triad (adoptee, adoptive parent, or biological parent) decides to attempt to search out the identity of another member of their triad, concerns arise. Queue the creation of the confidential intermediary.
The role of the confidential intermediary was developed as a direct result of the dilemma that some in the adoption triad want to establish contact while others do not. The confidential intermediary has become the solution to this problem for some states.
A confidential intermediary is appointed by law to attempt contact with a member or members of the adoption triad when their identity cannot otherwise be legally obtained. They facilitate contact for those who want contact, but do so without violating the confidentiality of those who do not want contact.
Sometimes, a confidential intermediary is a state employee. Other times, he or she is a trained volunteer or certified searcher. Regardless, his or her ultimate job is to identify and locate the party being sought, then determine their willingness to agree to a full or partial waiver of the confidentiality provisions that apply to them regarding the adoption.
The search a confidential intermediary conducts is confidential. The outcome remains confidential if the party or parties being sought decline to agree to a waiver of their secret identity.
However, if consent is given by the sought after party to waive their confidentiality provisions, the confidential intermediary then proceeds to facilitate communication between parties. This may be through letters, phone calls, or in-person visits.
Confidential intermediaries are given access to court files, adoption agency files, other sealed adoption records, birth records, death records, divorce records, and marriage records that are central to a search.
As of now, ten states provide a confidential intermediary option for adoptees who are searching for more information on their biological parents and visa versa. These ten states are Alabama, Arizona, California, Illinois, Maryland, Michigan, North Carolina, Oklahoma, Washington, and Wyoming.