American Adoption Congress supports state-by-state legislative efforts to obtain access for adult adoptees to their original birth certificates. AAC prefers unrestricted access to this document for all adult adoptees but will accept compromise legislation if, in the opinion of AAC and local supporters, such a compromise is necessary to obtain the greatest access for the greatest number of adopted persons.
New correct Legislative Terminology: PDF file Word file
This map will provide an overview of birth certificate access for adopted adults in all states.
ALABAMA - ACCESS STATE
In Alabama, the original birth certificate (OBC) is made available to adoptee, age 18 or older, upon request. Birth parents may file a non-binding Contact Preference Form, requesting direct contact with adopted adult, contact through an intermediary, or no contact at all.
Alabamians Working for Adoption Reform and Education (AWARE), a grassroots, volunteer citizens' organization composed of adoptees, birth parents, adoptive parents and other supporters nationwide, announced the passage of HB-690 on Monday, May 15, 2000 by the Alabama State Legislature.
HB-690 reopens birth and adoption records to Alabama adult adoptees and ends a 9-year roadblock enacted in 1990 as part of a sweeping overhaul of the Alabama Adoption Code. Prior to January 1, 1991, adult adoptees in Alabama had been able to view all of their adoption records upon request. Governor Don Siegelman signed the bill into law on Thursday, May 25, 2000. HB-690 provides for the release of sealed original birth certificates on written request to any adult who has one filed at the Department of Vital Statistics due to adoption, foreign birth, or legitimation. In addition to the original birth certificate, HB-690 also provides for release of the court documents pertaining to the adoption which are contained in the sealed file at the Department of Vital Statistics. In contrast to the pre-1991 situation, adult adoptees will now be able to receive and retain copies of some of their adoption-related documents. Documents held by private adoption agencies or the Department of Human Resources, however, are not impacted by this bill.
To contact AWARE, please call Sandra Pears-Wilson, President, at (205) 368-4627 or (205) 320-0335, or email her at msmarvin@hiwaay.net. David Ansardi, Vice President, may be reached by voice mail at (413) 793-4991, or by email at David_Ansardi@mindspring.com. For more information about AWARE, please visit: www.alabama-adoption.org
CALIFORNIA
Dear AAC Members, Supporters & Friends,
We collectively serve on the California Adoption Reform Effort's (C.A.R.E.) board and are writing to provide information about the effort we initiated in our state. Assembly Bill 372 (Ma) is intended to open original birth records to all adult adoptees.
California is the largest state in the nation and it is not clear where the records reside. We are working hard to find the least expensive mechanism to facilitate access and we need the support of all individuals who are interested in opening records.
This is a unique effort as it attempts to make available birth certificates to adult adoptees in a state with laws that already provide a disclosure veto (effective 1984):
http://www.cdss.ca.gov/cdssweb/entres/forms/English/AD908.PDF
as well as a Confidential Intermediary process for sibling reunification (effective 2008): http://www.cdss.ca.gov/cdssweb/entres/forms/English/AD904A.PDF
It takes unity to succeed!
Please know that the six of us are inspired by this legislative effort which will impact more records than in all states who have succeeded combined. Your support will make a difference in helping adoptees in the largest state in the Union.
Sincerely,
Karen Vedder
Mimi Janes
Pat Lubarsky
Sarah Burns
Linda Orozco
Gene Sperring
CONNECTICUT
Connecticut will be spending 2008 identifying and educating supporters and opponents in both the legislature and the public. Advocates plan to identify key sponsors throughout this year and to present a bill in 2009."
Contact: Paul Schibbelhute pschibbe@aol.com or
Jane Servadio janerino@optonline.net
DELAWARE - ACCESS STATE
Original Birth Certificate Available to Adult Adoptees
Effective January 18, 1999, adoptees age 21 and older born in the State of Delaware can may apply for a copy of their original birth certificate. Go to www.dhss.delaware.gov/dph/ss/vitalstats.html for applying by mail or telephone. Click on the link to VitalChek Network for more information or click on Adoptee’s Birth Certificate PDF version to print out the form.
Birth parents wishing to block release of identifying information must file a written notarized statement to that effect with the Office of Vital Statistics. Such statements must be renewed every three years.
Vital Statistics will make a reasonable effort to notify a birth parent when an adoptee applies for birth records. If no disclosure veto statement is filed, the original birth certificate will be released to the adoptee 65 days after the initial request. For additional information, please contact Carolyn Hoard.
Hawaii’s newly introduced H1677 would permit access to original birth certificate by an adopted person when the person attains the age of 18.
http://www.capitol.hawaii.gov/session2009/bills/HB1677_.htm
SB 303 requires a person that is required to store, maintain, or release certain adoption records or other adoption information to store and maintain the records or other information for at least 99 years from the date the adoption is filed, unless the records or other information are transferred to the state registrar. Requires the state registrar and certain other agencies to provide identifying information to adult adoptees unless the adoptee's birth parent has filed a nonrelease form. (Under current law, the state registrar and other agencies may only release identifying information with respect to adoptions filed before January 1, 1994 if a consent form has been filed). Provides that identifying information concerning pre-1994 adoptions may only be released beginning in July 2010.
Birthmothers who placed children for adoption prior to 1994 and not wishing their birth children to access their information would need to 'Opt-Out' of contact by filing a non-disclosure form. In addition, the authoring senator is going to amend the bill requiring that the birthparent file a completed medical history form if they choose to file a non-disclosure form. They have one year to do this at which time records will become available to pre-1994 adoptees on July 1, 2010.
Contact : Melissa Shelton, Indiana AAC rep - melyadopt@gmail.colm
http://www.in.gov/apps/lsa/session/billwatch/
A complex and controversial bill requiring confidential intermediaries, HB 4623 was introduced by Rep. Sarah Feigenholtz and approved by the House in May. It would allow adult adopted persons to access a non-certified copy of their original birth certificate upon request, unless a birthparent has filed a specific request for anonymity. The legislation also would require the Department of Public Health to set up a registry so that mutually consenting members of birth and adoptive families could exchange identifying and medical information. AAC has not taken a position on this bill.
KANSAS - ACCESS STATE
Adoption Records Were Never Sealed
Kansas adoption records have NEVER been closed. The records have always been accessible to adult adoptees (in KS that is age 18); the original birth certificate (OBC) comes from KS Vital Statistics and the adoption record comes from KS Social and Rehabilitative Services (SRS) Children and Family Policy. The often stated confusion arises from the fact that this was not clearly spelled out in the law and, in the early 1950s when many states were closing their records, the KS legislature passed a 1953 law that clearly spelled out that the records belong to adult adoptees.
The OBC is available only to the adult adoptee. The adoptee's descendants cannot get the OBC (which many want when the adoptee is deceased). The OBC is stamped, in red, VOID so that the document cannot be used for fraud. It has only been in the past 15 years or so that this has been done. The same form and fee, is used for ALL Kansans whether adopted or not adopted. This form may be accessed at: www.kdheks.gov/vital/birth.html
If an adoptee is born in KS but the adoption was completed in another state, they still get the OBC. If the adoptee was born elsewhere but the adoption was completed in KS, the adoptee can still obtain the state adoption record but the OBC stays with the state (and their laws) where the adoptee was born.
Birth parents/siblings can request a search, though SRS, and forward their identifying information to the adult adoptee. It then is the decision of the adoptee whether or not to directly contact that particular birth family member. Identifying information about the adult adoptee cannot be released to any birth family member without the written, notarized consent of the adoptee. For a Kansas state adoption record form for all adoptions completed in Kansas, click here. At the present time there is no fee for the Kansas adoption record or for requesting a search for a birth family member or adoptee.
59-2122 Files and records of adoption
(a) The files and records of the court in adoption proceedings shall not be open to inspection or copy by persons other than the parties in interest and their attorneys, and representatives of the state department of social and rehabilitation services, except upon an order of the court expressly permitting the same. As used in this section, 'parties in interest' shall not include genetic parents once a decree of adoption is entered.
(b) The department of social and rehabilitation services may contact the adoptive parents of the minor child or the adopted adult at the request of the genetic parents in the event of a health or medical need. The department of social and rehabilitation services may contact the adopted adult at the request of the genetic parents for any reason. Identifying information shall not be shared with the genetic parents without the permission of the adopted adult. The department of social and rehabilitation services may contact the genetic parents at the request of the adoptive parents of the minor child or the adopted adult in the event of a health or medical need. The department of social and rehabilitation services may contact the genetic parents at the request of the adopted adult for any reason.
HB 444 has been signed by the governor. The bill establishes a means to gather birth medical history to be released in a non-identifying way; describes conditions of disclosure through the court in cases of inheritance rights, medical necessity or registration with the State Registry; and extends State Registry participation to parents or siblings of deceased biological parents, adoptive parents of a minor or deceased adopted person.
Adoptee access bill enacted in Maine
Access Legislation was enacted on January 1, 2009, allowing adults to get their original birth certificates.
Statistics reflect findings in other access states.
• No harm done to any party
• Few birth parents state a preference for no contact
• Fulfillment has no fiscal note for the state and the process of fulfillment has gone smoothly.
Three months past enactment in Maine, 542 requests for original birth certificates have been received of which 24 birth parents (23 birth mothers and 1 birth father) completed Contact Preference forms. Fourteen birth mothers requested contact, 8 requested no contact; one expressed no preference, and one submitted a medical history form only
without the contact preference form.
please visit: www.obcforme.org
Media Release - New Law Affects Maine Adoptees
MASSACHUSETTS - PARTIAL ACCESS STATE
Massachusetts Senate approved legislation (SB63) on May 1, 2007, allowing adopted people 18 years or older born before July 17, 1974 (when records were sealed) or after 2007 to obtain their original birth certificates.
On September 6, 2007, the Governor signed the access bill. It limits access to the years before birth certificates were sealed in that state, and it will provide access for future adoptions. Adults, 18 and over born on or before July 17, 1974 or on or after January 1, 2008 as well as their adoptive parents will be given access, with those born between these dates denied acces.
Click for: Application for a Non-Certified Record of Birth Prior to Adoption
MICHIGAN
HB 4896 is now "tie-bared" to another bill, meaning that both bills have to pass together, would have allowed an adopted person to get a copy of his or her original birth certificate upon reaching age 21, and allow the birth parent to insert a contact preference form in the file with the sealed birth record, indicating a desire to be contacted or not should the adopted child obtain the birth records is currently stalled. HB 6287, the bill that must accompany HB 4896, establishes a disclosure veto and a central state adoption registry for birthparents.
For more information, contact Tina Caudill at caudt@wideopenwest.com or Mary Foess at mlfoess@gmail.com
A bill vetoed by Governor Tim Pawlenty in 2008 has been resurrected and is making its way through the Minnesota House and Senate during the 2009 legislative session. Paid lobbyists are helping local advocates with this effort.
Contact: www.adoptreform.org
Carrie Blesener
MISSOURI
There are two bills in circulation now: HB 1758, sponsored by Rep. Cynthia Davis, allows adopted adults who are 21 years of age or older to receive a certified copy of his or her original unaltered birth certificate and adoption records. The more restrictive, SB 1132, allows adopted persons 18 and over to obtain copies of their original birth certificate under certain circumstances. This act modifies provisions regarding adoption records. The State Registrar shall develop and, upon a birth parent's request, distribute a contact preference and a medical history form to the birth parent. The contact preference form allows a birth parent to list his or her preference for contact by the adoptee. If a contact preference form is filed with the registrar, a medical history form shall also be so filed. Upon receipt of the forms, the State Registrar shall attach such form to the original birth certificate of the adopted person.
Both sponsors plan to reintroduce their respective bills in January 2009.
NEW HAMPSHIRE - ACCESS STATE
The state celebrated a year of access in June, 2007 with original Birth Certificate now available to adoptees, 18 and older. New Hampshire, like all states with adoptee access, has issued many original birth certificates with no harm resulting to any party. For more information, log onto: www.sos.nh.gov/vitalrecords
NEW JERSEY
New Jersey’s bill is stalled in the Assembly Human Services Committee despite approval by the Senate in a 31-7 vote and the support of 50+ (of the 80) Assembly members.
Anyone with a New Jersey connection who wants to help lobby for passage (either a current NJ resident, or a member of the adoption constellation who relinquished, or was born or adopted as a child in New Jersey) is encouraged to contact NJ's State Representative, Judy Foster at jfoster7@optonline.net.
For updates on bill status, please go to www.njleg.state.nj.us and enter A752 in the “Bill number” box, or go to www.nj-care.org for more information.
To view NJ Public Service Announcements in Support of Adoptee Birthright Legislation click here. (MP4 Video Clips)
NEW YORK
New York Assembly Bill A2277 would allow adopted people 18 and older the right to obtain their original birth certificates and includes a non-binding contact preference form. The bill has been delayed until a hearing in 2009.
For more information, please visit: www.unsealedinitiative.org
NORTH CAROLINA
Expand Access/Confidential Intermediaries
HB1463
A Bill to be entitled an act allowing adult biological siblings of adult adoptees, adult biological half siblings of adult adoptees, adult family members of deceased biological parents to have access to the confidential intermediary services upon the consent of the parties and to allow an agency acting as a confidential intermediary to obtain a copy of a death certificate of the person who is the subject of the search and deliver it to the person requesting the services.
This bill is based along the lines a bill entered by our Sponsor Representative Margaret Dickson during North Carolina’s short session of the legislature in 2008. HB1463, will fix inadvertent omissions from the bill which passed in 2007 and went into effect in 2008 which did not allow these other members of an adoptees biological family to participate in the program.
With the passage of HB1463 more members of an adoptees biological family will be allowed to participate in the confidential intermediary program. It will also allow for any adult adoptee who finds a birthparent deceased to be able to obtain a copy of the birthparents death certificate. Currently the adoptee has to go back and petition the court system in order to have the agency begin another search for other family members.
HB 1463 has already passed through one House committee and is scheduled to go into the House Judiciary I committee the first week in May. If it passes through that committee, it will then be sent to the NC Senate to be heard, and put into committees there.
For more information please contact Roberta MacDonald at nccar@mindspring.com
OHIO
Ohio will introduce a stand-alone bill after access was cut from omnibus adoption legislation last session. Ohio allows adopted persons born and adopted before 1964 to get their original birth certificates, providing partial access.
For more information, contact Betsie Norris at Betsie.Norris@adoptionnetwork.org
OKLAHOMA
An Interim Study, 2007 H-052, occurred in August 2007, was attended by the Oklahoma legislators serving on the Health & Human Services Committee and spearheaded by Oklahoma Rep. Jeannie McDaniel. McDaniel hopes the Study will lead to the introduction of access legislation.
Oklahoma’s committee is being formed to conduct an interim study hearing as a first step towards legislation.
For more information, contact Samantha Franklin at sfranklin568@yahoo.com.
OREGON
Ten Years Since the Passage of Measure 58
In 1998, Oregon voters approved Measure 58, which granted adult adoptees access to the Original birth certificate. Oregon’s results serve as a prototype for what other states can expect when access legislation is passed. The release of 9267 birth certificates to Oregon adoptees during the past decade has resulted in no harm done to any party, including birth parents.
To access the history of the lawsuit that upheld Initiative 58 and to see the results of the Initiative click here.
The Does v. Oregon Decision upholding Initiative 58. (PDF 
)
Paul Schibbelhute is helping The Rhode Island Adoption Coalition for Equality (TRACE) launch a grassroots effort to pass legislation allowing adoptees access to the non-certified copy of their un-amended birth certificates. A hearing for H 5496 is scheduled for early April.
SB153 allows adopted persons, 18 or older, to get their original birth certificates with a contact preference form in place for birth parents.
Contact: Lynne Banks, Midwest AAC Region – lbanks8928@sio.midco.net
TENNESSEE
Successful Court Battle to Open Records
On September 27, 1999, the Supreme Court of Tennessee at Nashville issued an opinion in the case of Promise Doe, et al. v. Donald Sunquist, et al., and upheld a new adoption records law that was to take effect July 1, 1996. After more than three years of litigation, the Supreme Court concluded that the disclosure of adoption records created on or after March 16, 1951, does not impair the vested rights or violate the right to privacy under the Tennessee Constitution. This ruling by the Supreme Court allows the Department of Children’s Services to begin processing requests for services to persons eligible to have access to their adoption records. The Department is able to act under provisions of Tennessee Code Annotated §36-1-12(c) to provide access to adoption records, sealed adoption records, sealed records, post-adoption records, or records from any other information source that were created on or after March 16, 1951. Adoption records may be released pursuant to court order as provided in Tennessee Code §36-1-138.
If any adoption was attempted or occurred before March 16, 1951, the law affecting services available to eligible persons was effective July 1, 1995. Adoption records for eligible persons are available to those surrendered for the purpose of adoption; for adoptions which were filed and dismissed or not completed, and the record was closed or sealed prior to March 16, 1951; and for any records maintained at any time by the Tennessee Children’s Home Society. The adoption record includes sealed adoption records, post-adoption records, court records, adoption agency and Department of Health vital records.
For more information, call the office of Post-Adoption Services at 615-532-5637. Details of the Tennessee court case, including legal documents, affidavits, and research, can be found here.
