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As the Tennessee Court of Appeals explained, “‘Life-changing decisions were made based on this expectation . . . .”’15158 Although initially appealing, such breach of promise arguments are ultimately unpersuasive. First, the evidence suggests that few birth mothers were offered a choice about confidentiality. Rather, “many birth parents report that they were not promised confidentiality but instead were informed by agencies that their anonymity would be a condition of the adoption.”15159 Nor could adoption agencies lawfully have promised birth parents or adoptive families absolute confidentiality, since adoption records can be opened upon a judicial finding of good cause under virtually all sealed records regimes...
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