American Samoa

Adoption

Access to Adoption Records

Who May Access Information
Citation: Ann. Code § 45.0414

Any party to an adoption proceeding may see the written report filed by the Department of Health or child-placing agency.

Access to Nonidentifying Information
Citation: Ann. Code § 45.0414

Accessible nonidentifying information includes the child’s family background and reasons for the adoption.

Mutual Access to Identifying Information
Citation: Ann. Code § 45.0414

The names of the birth parents and the adoptive parents, and any means of identifying either, are not available except upon order of the court.

Access to Original Birth Certificate
Citation: Ann. Code § 45.0424

The original birth certificate is sealed and may not be released without a court order.

Where the Information Can Be Located

Registrar of Vital Records

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Collection of Family Information About Adopted Persons and Their Birth Families

Agency or Person Preparing the Report
Citation: Ann. Code § 45.0421
The report is prepared by the Department of Health or a child-placing agency.

Contents of Report About the Adopted Person
Citation: Ann. Code §§ 45.0414; 45.0420
The written report shall include the physical and mental condition of the child.The adoption petition shall include:

  • The name, date and place of birth, and place of residence, if known by the petitioner, of the adopted person
  • The relationship, if any, of the child to the petitioner
  • The full description of the property, if any, of the child

Contents of Report About the Birth Family
Citation: Ann. Code §§ 45.0414; 45.0420
The written report shall include:

  • The child’s family background, including the names of parents and other identifying data regarding the parents, if obtainable
  • Reasons for the termination of parental rights

The adoption petition shall include the names of the parents of the child and the address of each living parent, if known to the petitioner.

When the Report Is Made
Citation: Ann. Code § 45.0420
Information about the adopted person and the birth family is filed with the adoption petition.

Exceptions for Stepparent or Relative Adoptions
Citation: Ann. Code § 45.0421
A report is not required for stepparent adoptions and those cases in which placement for adoption has been made by the court or by an individual in whom guardianship of the person of the child has been placed by the court or in accordance with the law of another State or territory.

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Intestate Inheritance Rights for Adopted Children

Birth Parents in Relation to Adopted Person
Citation: Ann. Code § 45.0423
The birth parents are divested of all legal rights and obligations with respect to the child and vice versa.

Adoptive Parents in Relation to Adopted Person
Citation: Ann. Code § 45.0423
After the entry of a final decree of adoption, the petitioner and the adopted person sustain toward each other the legal relation of parent and child, including the rights of inheritance from each other.

Adopted Persons Who Are Not Included in a Will

This issue is not addressed in the statutes reviewed.

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State Recognition of Intercountry Adoptions Finalized Abroad

Effect and Recognition of a Foreign Adoption Decree

This issue is not addressed in the statutes reviewed.

Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate

This issue is not addressed in the statutes reviewed.


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