The secrecy of adoption may disappear – the right to know one’s origins is a human right

Not all children grow up with their biological parents. Some must find their path in a different family — where they are awaited, loved, and given a new chance. The relationship between adoptive parent and adopted child is legally equivalent to that of a biological family: the same rights and obligations apply. Still, every person must have the right to know where they come from. That knowledge is part of a person’s identity. It is precisely this principle that underpins the draft law being developed at the Ministry of Justice and Digital Affairs, which aims to abolish adoption secrecy. The right to know one’s origins is not just a whim or curiosity — it is a basic human right.

Section 26 of the Constitution of the Republic of Estonia establishes the fundamental right to privacy, of which a person’s identity, including their past, is an inseparable part. Section 19 of the Constitution also grants everyone the right to self-determination, which includes the right to know who their parents are. The UN Convention on the Rights of the Child also emphasizes the right of the child to know, to the extent possible, his or her biological parents and relatives, and the obligation to respect his or her identity.

What is adoption secrecy and why it is no longer relevant in today’s world?

Under the current law, the purpose of adoption secrecy is to protect the private life of the child, the parents, and the adoptive parents, and to avoid unwanted interference. Over time, however, this concept has been interpreted too rigidly and conservatively. Today, a child learns about their adoption only if their parents decide to tell them about it. If they don’t, the child may never know that they have biological parents, grandparents, or even siblings somewhere out there.

Even when adoptive parents tell the truth, the child cannot obtain information about their biological parents without their consent. Thus, an adult who has long felt that something is missing from their life story may never get the answers. Many people have discovered their adoption by accident — either through a relative, the internet, or a third party. Some never find out at all. Such a system no longer reflects today’s values of openness, awareness, and self-determination.

Secrecy causes harm

“The worst thing wasn’t the secret itself, but that it was kept from me,” said one woman, adopted as a child, who learned of her origins only in her thirties. According to her, the shock wasn’t that she was adopted, but that her parents had hidden it from her for years.

Adoption secrecy leaves a mark. Ignorance can interfere with a person's self-understanding, creating a feeling that something is "wrong" or "missing." Not knowing about one's own life story can create confusion and damage a child's self-confidence. But if a child can grow up knowing that their story is special, that it is not a shame, it lays the foundation for strong self-esteem. Honesty from parents is the best gift a child can receive.

Research has shown that open communication about adoption helps children cope better in life and enhances their self-esteem. The Social Insurance Board and adoptive parents’ support organizations have for years encouraged parents to talk to their children about their origins. The question is no longer whether to tell, but how and when.

Of course, it’s not an easy conversation. Some parents fear that the child will be hurt or will start searching for their biological parents. But experience shows that honesty does not break families — it strengthens trust. A child will not reject their parents for telling the truth but may turn away from them if the truth comes from someone else.

Moving toward openness

The purpose of the planned amendments in the legislation is to modernize adoption secrecy regulation, making adoption more open and protective of adoptees’ rights and interests. The goal is to encourage adoptive parents to tell their child about their origins before adulthood. Once an adoptee reaches adulthood, they will in any case learn about the adoption through the Social Insurance Board and will gain the right to request information about their biological parents. Minors will be able to access such information with the consent of their adoptive parents.

An adopted person can also ask about their siblings and grandparents, but this information will only be released if the people being sought agree to it. Most importantly, the proposed law would grant biological siblings the right to request information about their adopted brother or sister. Currently, the law provides no such possibility.

Are biological parents left unprotected?

No, they are not. Abolishing adoption secrecy does not mean that biological parents lose their privacy. Their data will not be made public — it will only be disclosed to the adopted person. Adoption secrecy will therefore continue to apply to the third parties. And knowledge does not entail an obligation to meet or maintain contact.

It is true that for some, the resurfacing of the past may be painful. Yet in today’s information society, complete secrecy around adoption is no longer realistic: social media and genetic testing often reveal the truth anyway. It is far better for a person to learn the truth safely and at the right time. It is also important to note that the new law will not apply retrospectively: the biological parents of children adopted before the law enters into force will not have their data disclosed without consent. However, the right of siblings to request information will extend to past adoptions as well.

The right to one’s own story

According to the Social Insurance Board, there were around 700 adopted minors in Estonia in 2024. Each of them is growing up within their own story. While the new law will not change their childhood, it will give them, in the future, the right to know the story they grew up in.

Abolishing adoption secrecy is a step towards human rights, transparency, and honesty. It is a law that says: “You don’t have to live in ignorance. You have the right to know who you are.”

Planned legislative changes

• Parents will be required to inform the child about their adoption before they reach adulthood.
• Adopted persons will have the right to obtain information about their biological parents without needing their consent.
• Biological siblings will have the right to request information about their adopted sibling from the Social Insurance Board.
• The law will not apply retrospectively — information about adoptions that took place before the new law enters into force will remain protected.

This article was published in the opinion section of Postimees on October 26, 2025.

Attorney Kristel Vaino is a co-author of the draft law in question.