Working in the research room at the Arkansas State Archives brings our staff an assortment of genealogy challenges, but the one that often is the most difficult is that of ADOPTION. This legal process, in which parental rights are transferred from birth to adopted parents, is for many an emotion all-fraught topic. Families today tend to speak openly about it, but in times past, it was considered something irregular, ranking variously between an embarrassment and a tabu topic for discussion. So, depending on when and where an adoption occurred or is believed to have occurred, answers to family history may be difficult to find, and laws can prohibit access. In this article we will look at the laws controlling access and the resources available for research.

Massachusetts adopted the United States’ first modern adoption law –that is, recognizing adoption as a social and legal process based on the child’s, rather than adults’--interests--in 1851. Nineteenth-century Arkansas was the scene of few, if any, formal adoptions but in 1885, the Arkansas General Assembly enacted some basic adoption provisions and in 1937 produced Act 137, creating the first “modern” adoption law in the state. Subsequent laws have followed, the latest being Act 519 of 2017 which “provides individuals who were adopted, and are at least 21 years of age, the ability to request their adoption file from the Arkansas Department of Health (ADH).”

So, what do such files include? Adoption files usually include the adoptee’s original birth certificate and their adoption decree, as well as other documents.  It is worth noting that adoption file contents vary considerably and also that the law permits birth parents to redact (that is, to remove or obscure) their name or names from adoption file materials, thus complicating the work of identifying one’s birth parents. But adoptions are sealed—that is, kept confidential by letter of law--in the state other than what is provided through Act 519 of 2017 or absent a court order to the contrary. This brings genealogical seekers us to the “$64 question”: How can an adopted person identify his or her birth family if official records remain legally closed to them?¹

Today’s family history researchers have at their disposal a powerful tool, one which has revolutionized such research: DNA or genetic analysis. It has proven not only to open doors for adoptees and birth families, but it also has in some cases exposed or clarified family secrets long left buried, sometimes intentionally! Anyone who chooses to employ genetic testing in order to help identify their birth lineage faces options as to test type; they must make sure the test they choose is likely to yield the results they seek. DNA tests fall into three categories:

Autosomal DNA testing, which most vendors (including 23andMe, AncestryDNA, and Family Tree DNA) offer, can help identify ancestors and the amounts of one’s DNA that come from particular ethnic groups or geographic regions. It does not, however, determine which on side of one’s family a match occurs.

 Y-DNA testing explores a male’s patrilineal or direct father's-line ancestry. The Y chromosome passes down virtually unchanged from fathers to sons. If individuals’ test results reveal a perfect or nearly perfect match, they are related within a genealogical time frame. Y-DNA testing will match one with ancestors on their father’s side, but women will need a known male blood relative, preferably a sibling, to provide a genetic sample.

Mitochondrial DNA testing will identify genetic matches through the birth mother’s side through analysis of mitochondria, which are passed from mothers to their children, male and female alike. Because mitochondria are passed on only by women, no men (nor their ancestors) from whom one descends are encapsulated in the results.

Thus, by using one or more of these testing regimens, one may receive results identifying one or both lines of one’s birth family, which is a significant advance; as increasing numbers of individuals have submitted to testing and have allowed their genetic profiles to be compared with those of others, the possibility of adopted individuals identifying their unsuspected (and in many cases, unsuspecting) kin has dramatically increased. Even with available DNA testing, however, identifying one’s birth family often entails traditional genealogical research: locating a match of first or second cousins is a good start but will not accomplish the larger goal of filling in the branches of one’s family tree or establishing a line of descent. One’s goal should be to build a family tree in which identified ancestors fit, in logical places and in logical periods; genetic testing can provide reference points, but more work is almost always needed.

 So, how to fill in the gaps? For purposes of research, we need to consider what materials are available. I will break this down into two periods: post-1935 and pre-1935. This periodization is not accidental: Arkansas’s adoption laws were significantly revised in that year. Also, the 1940 Census, which most closely reflected the population as it existed in 1935, was until recently the most recent Federal census available for researchers.

For post-1935 adoptions, resources include city and telephone directories, newspapers, Social Security applications and Death Index, death certificates filed with the state Department of health, high school and college yearbooks, marriage and divorce records and, of course, available mortuary of funeral home records. These types of records may seem limited in what they can yield, but when combined with DNA-revealed familial reference points, they can help populate one’s family tree.

Start with what you know: Let us assume that you have taken an autosomal DNA test and found out you display a DNA match as a first cousin to one Jefferson Smith. But you do not know on which side of the family you are related to Brother Smith so, as a female (apologies to my male readers!), you decide to take a Mitochondrial DNA test. This will match you to relatives on your mother’s side, provided that samples from that side of your birth family have been collected, analyzed and are “databanked.” You discover (if your luck is running hot) that Jefferson Smith has a family tree online and it identifies one John Smith as Jefferson’s father; even better, John has (or had) two sisters, Charlotte and Sallie. Both women could be potential mothers for you, but this is as far as you can go without a test from each one. Inconveniently, let us assume neither one has bothered to participate in any DNA testing. So, one must “hit the books.”

One starts by building a sketchy tree for each one. Were they old enough to appear in the 1940 census? Check the schedules to ascertain their ages, confirm parents’ names or discover variations, and see if there are other siblings. From there, trace the siblings’ parents through the city directory and telephone book: this will yield names, addresses and professions or occupations. Using this approach, one may see potential parents appear. Also, one should consult available yearbooks for local schools. Depending on popularity of one’s biological ancestor, it may be possible to identify relationships they may have been in, resulting in other potential names to research. Plus, check to see if the school had a student newspaper and, of one existed, if it is available for research. Such publications can yield information on biological ancestors, plus names of individuals who might know more.

Next check the local newspapers, especially in small communities. Until recently, many small-town papers would fill local columns with reports that such-and-such a person had left town or returned or had hosted or attended a social function; in addition, papers published (and publish still) marriage and divorce rosters, as well as legal notices for Chancery Court for adoptions. In Arkansas, before an adoption occurred these notices were required by law to be published in local papers of record, three times over a six-month period. These notices usually, but not always, included, full names of adoptive parents and the birth name and gender of the adoptee (per example: “Baby Boy” Smith, indicating a male infant un-named by his birth parent or parents).

Vital records will also yield useful information, especially with female names since their surnames might change. Most counties maintain ledgers designated as marriages records, with indexes by both brides and grooms. Why is this discovery important? If one can identify the name that an individual went by in his or her life, it becomes easier to track down indications of their mortality. In this area, the Social Security Death Index (SSDI) is a tremendous asset. These records are available online free through both Ancestory.com and Familysearch.org. If one can locate the name of an ancestor, the index will provide a birth date, death date, a list of names the individual used over their lifetime and last place of residence. This information can help in applying for birth or death certificates, as well as helping one target newspapers for obituaries, which in turn usually include names of close family members, both the quick and the dead.

All these resources are available for post 1935 adoption research, but what if one is looking for information concerning a pre-1935 adoption? Obviously, all of the sources previously discussed are available, but wait, there’s more! One advantage for those seeking information on early adoptions is that there are more census records available; census schedules documents from 1850 forward will show family units. Starting in 1880, they will also state individual listees’ relationship to the head of household including, in many cases, notation of being either a foster or adopted child. Researchers should keep in mind, though, that enumerators varied in practice: “foster” and “adopted” were often used interchangeably, especially in the early schedules.

For adoptions over one hundred years old, one may also check probate records. If there was a formal adoption, the documents will appear in these records. Probate records vary in content, but it is often possible to discover in them the name of an adopted child’s biological parents and/or a name change. Additionally, these records may reveal the causes or circumstances that led to children’s being placed in foster homes or surrendered for adoption.

Finally, look for the obvious: orphanage records. If an ancestor’s connection to a particular orphanage or foundling home is known, or even exists as part of the family folklore, or if they were recorded on census schedules as residing in an institution, search for the story of that institution to discover what other records may be available. Even if the institution has been closed and its records dispersed, much can be learned from such sources as Sanborn fire insurance maps, or even city and telephone directories.  If the institution was associated with a religious denomination or a fraternal order such as the Odd Fellows or Masons, organizational records such as annual reports will often yield information on the operation of the home which will help flesh out one’s narrative.  Sometimes these reports will list names of orphans and what town they came from, or indicate which lodge sponsored particular children. Orphanages also kept records, often in the form of ledgers, showing an individual’s entry and departure from the institution; these records can be hard to find, but some have survived for researchers to discover, buried in archives. The Arkansas State Archives, for example, preserves Odd Fellows and Masonic annual reports, as well as scattered orphanage records.

Adoption or foster status can complicate one’s quest to work out their family history but they do not make it impossible. Combining DNA testing with wide patient research in conventional documentary materials, researchers can do much to restore family links sundered by adoption. DNA has helped individuals in their research on finding biological ancestors, but even though it provides data points and connections, traditional methods cannot be ignored. Adoption research is not a mission for the faint of heart but it is definitely a doable thing; the Arkansas State Archives preserves many of the pertinent records and our professional staff will welcome the opportunity to assist you with this research, and any other.