Open Records is Constitutional in Tennessee

TN State Supreme Court Rules on Privacy Rights

The Tennessee Supreme Court unanimously upheld the 1995 adoption records law, when it ruled against the plaintiffs in Doe v. Sundquist on Tuesday September 27.

In their ruling, the justices noted that relinquishing birthparents never had a reasonable expection that birth information would never be released.

“There simply has never been an absolute guarantee or even a reasonable expectation by the birth parent or any other party that adoption records were permanently sealed. In fact, reviewing the history of adoption statutes in this state reveals just the opposite. Accordingly, we disagree with the Court of Appeals’ conclusion that the plaintiffs had a vested right in the confidentiality of records concerning their cases with no possibility of disclosure.”

The court also ruled that the plaintiff’s violation of privacy arguments were too tenuous and speculative.

“[T]he plaintiffs’ disruption argument is dubious in that it is predicated upon a speculative risk of disruption that may or may not occur a minimum of 21 years after the adoption occurs. In short, the statute does not impede traditional familial privacy rights such as marrying, having children, or raising children.”

Nor does the opening of records impinge on a privacy right regarding disclosure of personal information:

“The disclosure of adoption records as provided in 1995 Tenn. Pub. Acts, ch. 523, codified at Tenn. Code Ann. ^U 36-1-127(c), does not impair the plaintiffs’ vested rights in violation of article I, section 20 of the Tennessee Constitution and does not violate the plaintiffs’ right to privacy under the Tennessee Constitution.”

Read the full decision here.