Legal Question in Technology Law in Tennessee
Rights regarding a website with personal information
My wife gave a child up for adoption some years ago, and does not wish any contact. However, the child, who is still a minor, has somehow gotten my wife's information and put up a website dedicated to finding her. Is there any legal recourse for us to force this website to shut down? The child is violation of TN law as we have filed as veto of contact form with the state wich makes any contact illegal. We have no way to contact the child or her parents as all the adoption records are sealed until she's 21.
1 Answer from Attorneys
Re: Rights regarding a website with personal information
How do you know the child given away for adoption has put up a web site searching for your wife? Does the web site mention your wife's name?
In addition to being an attorney at law, I have submitted an application to the state to form a nonprofit adoption agency in Oak Ridge. Thus, I can see both sides of the issue regarding contact. I know you and your wife do not want to have contact with this child, but I seriously recommend that you contact her -- not to arrange a meeting in person, but just to put her anxiety and stress at ease.
I can tell you how to object to the web site hosting company, but that is going to create more hurt in what is already a painful and delicate situation.
You and your wife have all the answers. This adopted girl has a number of questions. It seems like you could type her a letter and answer some of her questions -- just the one time. I would be happy to mediate the communication at no charge to you if you pursue that option.
Your contact veto is binding on the state and its licensed adoption agencies. However, Freedom of Speech gives people the right to post material to the Internet without government intervention (except in very few cases involving crimes).
Dr. Michael A. S. Guth
http://riskmgmt.biz/prose.htm