State Adoption Legislation
Edit Date: 6/5/2017
The American Adoption Congress supports state-by-state legislative efforts to obtain access for adult adoptees to their original birth certificates (OBC). The AAC supports unrestricted access to this document for all adult adoptees in accordance with widely accepted best practices in adoption. As an umbrella organization, the AAC will work with local advocates to consider what course of action will ultimately result in a reliably efficient path, of deliberate speed, toward unrestricted original birth certificate access for all a state’s adult adoptees.
Sample resolution and information to present to legislators.
ADULT ADOPTEES’ ORIGINAL BIRTH CERTIFICATE (OBC) ACCESS
U.S. STATES OVERVIEW
OBC ACCESS CATEGORIES
(See below for details pertaining to each state and D.C.)
|Unrestricted Access||Access for adult adoptees|
|Access with Restrictions||Access for adult adoptees with limits|
|Partial Access||Access for adult adoptees born during certain years|
|Partial with Restrictions||Access for adult adoptees born during certain years, and with limits|
|Sealed||Very limited or no access without, for example, a court order|
|Alabama||Unrestricted Access||Montana||Partial with Restrictions|
|Alaska||Unrestricted Access||Nebraska||Partial with Restrictions|
|Arkansas||Access with Restrictions (2018)||New Hampshire||Unrestricted Access|
|California||Sealed||New Jersey||Access with Restrictions|
|Colorado||Unrestricted Access||New Mexico||Sealed|
|Connecticut||Partial Access||New York||Sealed|
|Delaware||Access with Restrictions||North Carolina||Sealed|
|District of Columbia (D.C.)||Sealed||North Dakota||Sealed|
|Florida||Sealed||Ohio||Access with Restrictions|
|Georgia||Sealed||Oklahoma||Partial with Restrictions|
|Hawaii||Unrestricted Access||Oregon||Unrestricted Access|
|Idaho||Sealed||Pennsylvania||Access with Restrictions (2017)|
|Illinois||Access with Restrictions||Rhode Island||Unrestricted Access|
|Indiana||Access with Restrictions||South Carolina||Sealed|
|Kansas||Unrestricted Access||Tennessee||Access with Restrictions|
|Maine||Unrestricted Access||Vermont||Partial with Restrictions|
|Maryland||Partial with Restrictions||Virginia||Sealed|
|Massachusetts||Partial Access||Washington||Access with Restrictions|
|Michigan||Partial with Restrictions||West Virginia||Sealed|
|Minnesota||Partial with Restrictions||Wisconsin||Access with Restrictions|
|Missouri||Partial Access / Access with Restrictions (2018)|
ALABAMA - UNRESTRICTED ACCESS
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.
Citation: Ala. Code § 22-9A-12(c)-(d).
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. 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 are now 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, were not impacted by the bill.
ALASKA - UNRESTRICTED ACCESS
The original birth certificate (OBC) is available to adult adoptees at age 18. Birth parents(s) can submit name and/or address changes to the State Registrar to be attached to the OBC.
ARIZONA - SEALED
An adult adoptee (18) or a birth parent may file a notarized statement with the Division of Economic Security granting consent, withholding consent, or withdrawing a consent previously given for the release of confidential information. If an adoptee and the birth mother or birth father has consented to the release of confidential information, the court may disclose the information, except identifying information relating to a birth parent who did not grant written consent. A confidential intermediary program is also available to adult adoptees, birth parents, and certain relatives of either. See www.supreme.state.az.us/cip.
ARS 8-129 allows non-identifying information to be given to adult adoptees, birth parents, adoptive parents and others. It may include health and genetic history. Go to: www.azleg.gov/ArizonaRevisedStatutes.asp?Title=8.
ARKANSAS - ACCESS WITH RESTRICTIONS (2018)
Passive registry for adult adoptees (18) and birth parents maintained by the Division of Children and Family Services. Adult adoptees, birth parents and individuals related within the second degree can use the registry. If administrator learns that a birth parent or birth parents are deceased, or if the adoptee’s birth father was unknown, the adoptee cannot obtain identifying information through the registry.
New Legislation. Newly passed legislation in Arkansas in 2017 will significantly change how an adult adoptee may request and access an original birth certificate. The new law allows an adoptee who is at least 21 years of age to request his or her adoption file, which is defined to mean a Department of Health file containing the adoptee’s OBC. A request, however, is subject to redaction by a birth parent, who has a right to file a redaction request at any time. A birth parent may also file a separate contact preference form at any time, part of which appears to allow a birth parent to prohibit an adoptee’s contact with the parent. The law is not yet in effect, and requests for an adoption file may not be made until one year after the effective date. Specific provisions of the new law are listed below.
New legislation passed by the Arkansas general assembly and signed into law by the Arkansas governor will add the following new subsections to Arkansas adoption law. The effective date is 91 days after adjournment of the Arkansas general assembly, though adoptee requests for an OBC may not be made until one year after the effective date.
CALIFORNIA - SEALED
There have been two access legislative efforts in California during the last decade, the most recent one mounted by the California Adoption Reform Effort (C.A.R.E.) in early 2009. While the bill (AB372 sponsored by then Majority Whip Assembly woman Fiona Ma) passed unanimously through the Assembly Judiciary Committee, it stalled in the Appropriations when a staggering $16 million price tag was attached. Even with a much smaller assessment, any legislation with a fiscal attachment will prove difficult to move forward in light of the current economic situation in the state.
Other hurdles existing statutes which created a disclosure veto and a confidential intermediary process for sibling reunification (http://www.cdss.ca.gov/cdssweb/entres/forms/English/AD904A.PDF). Amending these retroactively requires a costly mechanism.
California is on a two-year cycle, with the next one beginning in 2013. Any new legislative effort would not be mounted until at least that time.
COLORADO - UNRESTRICTED ACCESS
SB 51 (Tochtrop/Saine) was signed into law on May 22, 2014. The bill repeals and reenacts portions of existing law (see Section 19-5-305, C.R.S.). Creates a uniform standard of access to adoption records held in court and state agency files effective 7/1/14. Starting 1/1/16, it makes original birth certificates in the possession of the Colorado State Registrar available to adult adoptees, and certain other eligible family members, upon request with proof of identification and payment of a fee. Allows an eligible party to request that the State Registrar perform a search for the death certificate of a sought party and provide a copy of the death certificate. Eliminates the option on current 2005 version of the Contact Preference Form for birth parents to authorize or not authorize release of the OBC effective 1/1/16. Preserves current access to records (see below) and OBCs during transition period from 7/1/14 to 1/1/16. Preserves confidentiality of records from the general public. Preserves option for a searching party to utilize the services of a Confidential Intermediary if they so choose. Full text of measure as signed by Governor John Hickenlooper. Visit the Colorado State Judicial Branch website for updated court forms and instructions on how to request records.
HB 1042 (Saine/Tochtrop) was signed into law on May 22, 2014. The bill adds Section 19-5-109 to the Colorado Revised Statutes, effective 8/7/14. Provides birth/first parents whose parental rights were not terminated as a result of a Dependency and Neglect action with copies of documents they signed, including the original birth certificate, during the relinquishment process upon proof of identification. Full text of measure as signed by Governor John Hickenlooper.
On April 16, 2009, the Colorado Court of Appeals ruled that adult adoptees (18+) can get their original birth certificates (OBC) and adoption records for adoptions finalized between 7/1/51 and 6/30/67. As of May 2014, over 1800 requests for original birth certificates have been processed by the State Registrar's Office. The court also held that, for adoptions finalized prior to July 1, 1949, legislative history contains no indication that the new law sealing adoption records, which took effect on that date, was intended to be applied retroactively. To read the opinion, go to In re J.N.H., 209 P.3d 1221 (Colo. App. 2009) . HB 99-1188 had amended Section 19-5-305, C.R.S. to provide adult adoptee (18) access to adoption records for most adoptions finalized on or after 9/1/99, by mutual consent of the parties, or if the sought party is deceased. After the CCOA ruling, those whose adoptions were finalized between 7/1/67 and 8/30/99, or between 5/20/49 and 6/30/51 were still required to meet one of these criteria or petition the court to obtain a copy of the OBC. The intent of SB 14-051 is to eliminate different standards of access based on the date the adoption was finalized and provide direct access to certain adoption records for eligible parties.
For more information, go to www.aisctc.org and click on the COAccess 2014 icon and browse FAQs found on the toolbar.
On June 6, 2014 Governor Dannel Malloy signed into law Public Act 14-133 (House Bill 5144), which restores the right of adoptees adopted after October 1, 1983 to access their original birth certificates upon reaching the age of 18. This law restores the right of access to approximately 24,000 of the 65,000 adoptees who were born in Connecticut since 1919.
For more information, see: www.ACCESSCONNECTICUT.org.
DELAWARE - ACCESS WITH RESTRICTIONS
Effective January 18, 1999, adoptees age (21) born in Delaware can may apply for a copy of their original birth certificate (OBC). Go to www.dhss.delaware.gov/dph/ss/vitalstats.html to apply 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 approximately 65 days after the initial request.
For additional information, please contact Carolyn Hoard.
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DISTRICT OF COLUMBIA (D.C.) - SEALED
Adoptees in the District of Columbia do not have access to their original birth certificates, except by court order. The D.C. superior court controls all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. D.C. Superior courts are not in precise agreement about the scope of access an adoptee may have to court adoption records. At least one court decision required the release of information if the “welfare of
the child will thereby be promoted or protected.” Relevant D.C. Law: Original Birth Certificates
D.C. Code § 16-314. Birth certificates
(a) Upon the issuance of a final decree of adoption, an adoption form shall be sent to the Registrar pursuant to the Vital Records Act of 1981. Unless otherwise requested in the petition by the adopters, the Registrar shall cause to be made a new record of the birth in the new name with the names of the adopters and shall then cause the original birth certificate and the order of the Court to be sealed and filed. The sealed package may be opened only by order of the Court or by the Registrar to properly administer the Vital Records Act of 1981.
(b) If the adoption occurred outside the District either before or after August 25, 1937, a new certificate of birth shall be made pursuant to section 11 of the Vital Records Act of 1981. The Registrar shall seal the original birth certificate. The sealed original birth certificate may be opened only by order of a court of competent jurisdiction or by the Registrar to properly administer the Vital Records Act of 1981.
(c) If the birth of the adoptee occurred outside the District the clerk of the court shall, upon petition by the
adopter, furnish him with a certified copy of the final decree of adoption.
(c-1) If the birth of the adoptee occurred outside of the United States, a new certificate of birth shall be made pursuant to section 11 of the Vital Records Act of 1981.
(d) When an adoption in the District occurred prior to August 25, 1937, the court shall, upon presentation of a motion by a party to the proceedings, order the clerk of the court to seal the records in the proceeding. Upon presentation of a certified copy of the order the Mayor shall cause to be made a new record of the birth in the new name and with the names of the adopters and shall then cause to be sealed and filed the original birth certificate with the order of the court. The sealed package may be opened only by order of the court.
Relevant D.C. Law: Adoption Court Records
D.C. Code § 16–311. Sealing and inspection of records and papers
From and after the filing of the petition, records and papers in adoption proceedings shall be sealed. They may not be inspected by any person, including the parties to the proceeding, except upon order of the court, and only then when the court is satisfied that the welfare of the child will thereby be promoted or protected. Such records and papers shall, upon written application to the court, be unsealed and provided to the Child Fatality Review Committee for inspection if the adoptee is deceased and inspection of the records and papers is necessary for the discharge of the Committee’s official duties. The clerk of the court shall keep a separate docket for adoption proceedings.
FLORIDA - SEALED
The Department of Children& Families shall maintain a passive registry with the last known names and addresses of an adoptee (18), the birth parents, and the adoptive parents and any other identifying information that the parties wish to include in the registry. Identifying information about a birth parent, an adoptive parent, or an adoptee may not be disclosed unless the respective party has authorized in writing the release of such information. If the adoptee is younger than age 18, written consent must be obtained from an adoptive parent.
The original birth certificate is available only upon order of the court.
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CURRENT LAW: Upon written request of an adult adoptee (21), the name of the birth parents shall be released if the birth parent has submitted an unrevoked written consent. If a birth parent has not filed an unrevoked written consent, the Georgia Adoption Reunion Registry shall make a diligent effort to notify each birth parent that a request for information has been made. The birth parent may then file an affidavit consenting or objecting to disclosure. Birth parents and adult birth siblings also may access information about an adoptee using the same procedure. If the adoptee is deceased and leaves a child, such child, upon reaching age 21, may seek the name and other identifying information concerning his or her grandparents in the same manner as the deceased adoptee and subject to the same procedures.
Contact Jeff Costello of Georgians for Equal Access to Records, firstname.lastname@example.org, for more information.
On June 21, Hawaii's Governor Ige signed into law the most broad, progressive adoption records access bill anywhere. It gives not only adult adoptees (age 18 or older) access to their entire adoption file, un-redacted, upon request, but also gives access to that same file to birth parents and adoptive parents of the adult adoptee
From June 23, 2016, all members of the triad may request access to sealed adoption records held by Family Court when the person who was adopted in Hawaii is at least 18 years old. These records contain information about the parties to the adoption and include court documents, and the adoptees original birth certificate.
You can request your records from Family Court, using their form found at http://www.courts.state.hi.us/docs/1FP/1FP770.pdf or at their office. Make your request to the Family Court in the district that the adoption took place.
You must have your form notarized if you are mailing it in. If you deliver the request form in person, you must have a picture ID to verify your identity. You will have to pay a copying fee for your copy of the records.
You can read Hawaii's law HB 2082
Here are the Family Court addresses:
Adoption Records -- Oahu
First Circuit Court, Family Court
Kapolei Judiciary Complex
4675 Kapolei Pkwy, Kapolei HI 96707-3272
Phone: (808) 954-8145
Adoption Records -- Maui
Family Court, 2nd District
2145 Main Street, Suite 206
Wailuku, Maui, HI 96793-1679
Phone: (808) 553-3397
Adoption Records -- Hawaii
Family Court, 3rd District
345 Kekuanaoa Street, Room 40
Hilo, HI 96720-4388
Phone: (808) 961-7670
Adoption Records -- Kauai
Family Court, 5th District
3970 Kaana Street, Suite 305
Lihue, Kauai, HI 96766-1283
Phone: (808) 482-2350
For information on Hawaii adoption laws, go to: http://adoptioncirclehawaii.com.
Passive registry maintained by the Registrar of Vital Statistics. It is available to adult adoptees (18), birth parents, birth siblings of adult adoptees, and relatives of deceased adoptees or birth parents. Registrants may file a consent with the registry indicating person’s desired method of contact if a match is made.
A birth parent shall not be matched with an adult adoptee without the consent of the other birth parent unless (a) there is only one birth parent listed on the birth certificate; (b) the other birth parent is deceased; or (c) the birth parent is unable to be located after a search.
The original birth certificate is available upon a court order or when all parties have consented through the State adoption registry.
HB5428 passed in May 2010, allows Illinois-born adoptees born prior to Januray 1, 1946, to obtain a copy of their original birth certificate (OBC). If the adoptee is deceased, surviving children of the adoptee may obtain a copy of the deceased parent's OBC. As of September 2011, 811 OBCs have been released to this group.
The second phase of the law, covering post -1945 adoptions, becomes effective in November 2011. Adoptees, age 21 and older, may request a non-certified copy of the OBC through the Illinois Department of Public Health. If the adoptee is deceased, surviving children of the adoptee may obtain a copy of the deceased parents OBC. As of April 223, 2012, 2,445 OBCs had been released.
A birth parent of an adoptee born after 1945 may file a form to veto disclosure of the birth parent's identity for as long as the birth parent is alive. If a birth parent has vetoed disclosure, all identifying information about that birth parent will be deleted from the OBC provided to the adoptee. A veto by one birth parent does not prevent disclosure of the identity of the other birth parent. Disclosure vetoes are ineffective after the vetoing birth parent dies.
The Illinois Birth Parent Preference Form provides a means for birth parents who do not veto disclosure to express a preference for direct contact, contact through a friend or relative, contact via a state intermediary, or no contact.
Post-1946 adoptees must apply for their OBC by U.S. mail only; no requests will be handled in person or via the Internet. Although there has been a wait of up to six months for adoptees to receive their OBC, The Illinois Department of Vital Statistics is catching up with the initial backlog of requests. It is expected that future wait times will be shorter.
For more information and copies of the forms go to http://www.idph.state.il.us/vitalrecords/vital/non_certified.htm
Indiana advocates, HEAR - Hoosiers for Equal Access to Records -- continue education and advocacy among legislators in advance of the 2012-13 session when efforts will begin anew to launch a new bill. As soon as a new Chair of the Legislative Committee is appointed, the sponsoring Senator will hold a meeting for all interested parties to create the new bill.
CURRENT LAW: For adoptions before 12-31-1993: Identifying information shall be released if the adult adoptee (21) and the birth parent have submitted a written consent to the State Registrar.
For adoptions after 12-31-1993: Identifying information shall be released to the adult adoptee upon written request to the State Registrar unless the birth parent has submitted a written non-release form that indicates the birth parent's lack of consent to release of identifying information.
The original birth certificate is withheld from inspection except for a child adopted by a stepparent or as provided in statutes pertaining to release of identifying information.
Passive registry. The State Registrar shall reveal the identity of the birth parent to the adult adoptee (age 18) or the identity of the adult adoptee to the birth parent if all of the following conditions are met:
• A birth parent has filed a request and provided consent to the disclosure of his or her identity to the adult adoptee upon request of the adult
• An adult adoptee has filed a request and provided consent to the disclosure of his or her identity to a birth parent upon request of the birth
• The State registrar has been provided sufficient information to make the requested match.
Sealed records may be opened if an individual was adopted prior to July 1, 1941. Iowa law does not require an individual to provide "good cause" to petition the court to open adoption records for those adopted prior to July 1, 1941. If individuals who were adopted after 7/1/41 wish to have records open, they can petition the court, but one must show "good cause."
The original birth certificate (OBC) may not be inspected except under order of a court. The State registrar shall, upon the application of an adult adoptee, a birth parent, an adoptive parent, or the legal representative of the any of the former, inspect the OBC and reveal to the applicant the date of the adoption and the name and address of the court that issued the adoption decree.
KANSAS - UNRESTRICTED ACCESS
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 people from Kansas 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.
KENTUCKY - SEALED
If the birth parents have given consent, the adult adoptee (21) may inspect the records pertaining to his or her adoption proceedings upon written request. If the birth parents have not given consent, the State has six months to make reasonable efforts to locate birth parents and notify them that the adult adopted has made a request for information. The notification shall be by personal and confidential contact, without disclosing the identity of the adult adoptee. If birth parents cannot be located or if they are deceased, the adoptee can petition the court to open the record for inspection.
The original birth certificate is available by court order only.
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.
The Office of Community Services of the Department of Social Services shall maintain a voluntary registry for the matching of adoptees and birth parents or siblings, or both. The purpose of this registry shall be to facilitate voluntary contact between the adoptee and the birth parents or siblings, or both.
The use of the registry shall be limited to the adoptee who is at least age 18, the birth mother, the birth father, parents or siblings of a deceased birth parent, an adoptive parent of a minor or deceased adoptee, and any birth sibling who is at least age 18. No registration by an adoptee shall be permitted until all birth siblings who were adopted by the same adoptive parents have reached age 18.
The registry shall not release any information from adoption records in violation of the privacy or confidentiality rights of a birth parent who has not authorized the release of any information.
The registry shall confirm for an adoptee the fact of his or her adoption and identify the court in which the adoption was finalized and the agency, firm, or lawyer facilitating the adoption when that information is known by the department. To receive this information, the adoptee shall be age 18 or older, submit the request in writing, and provide proof of identity.
The original birth certificate is available upon court order to the adoptee or if deceased, the adoptee's descendants, or the adoptive parent.
have been released to adoptees. Of the limited number of birth parents completing Contact Preference Forms, only eight have requested no contact.OBCs Access legislation was enacted on January 1, 2009, allowing adults, age 18 and older, to get their original birth certificates. Since that date, more than 1,280
Please visit: www.obcforme.org
There was no action on an access bill in 2014.
CURRENT LAW: For those adopted from 1947 through 2000, the State maintains a Mutual Consent Voluntary Adoption Registry for adult adoptees, birth parents, siblings and other birth relatives. Individuals may provide identifying information and authorize its release to birth parents and/or birth siblings. If a match occurs, the identities of the parties are confirmed through the agency that was involved in the adoption finalization. Once confirmed, the information is released to the interested parties.
On October 1, 1999, adoption services were expanded to provide search, contact and reunion services to adult adoptees (21) and birth parents. Individuals may authorize the Department of Human Resources to initiate a search for birth parents or adult children they placed for adoption. A referral will be made to a confidential intermediary who will attempt to locate the person being sought. The person being sought may grant or deny the request for contact. If contact is denied in the case of an adoptee search, attempt is made to have birth parents complete medical information.
For adoptions finalized on or after January 1, 2000, an adult adoptee (21) may apply for a copy of his or her OBC. A birth parent may file a disclosure veto to bar disclosure of information. A birth parent may apply for a copy of the adoptee’s OBC. An adult adoptee may file a disclosure veto to bar disclosure of information.
For additional information, please contact Linda Clausen, MSW, or go towww.obcmaryland.org.
MASSACHUSETTS - PARTIAL ACCESS
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) and the adoptive parents of those born after 2007 to obtain their original birth certificates (OBC).
Adoptees born after 2007 may obtain their OBC on and after reaching 18 years of age. Access to those born between July 17, 1974 and January 1, 2008, will be denied unless a probate court finds that the adoption record contains evidence of a birth parent's willingness to provide information about her or his identity to the adoptee.
MICHIGAN - PARTIAL WITH RESTRICTIONS
The Michigan access bill died in committee at the end of 2010 legislative session. No new legislation has been introduced to date, and none is on the horizon. The legislature is not favorable, and any access bill faces stiff opposition from the family law section of the state bar.
CURRENT LAW: for adoptions finalized between 5-28-1945 and 9-12-1980, identifying information shall be released to the adult adoptee (18) on each birth parent who has consented to the release, or both birth parents if both consented or if one or both parents are deceased. If no consent is on file, an adoptee can use a confidential intermediary to conduct a reasonable search and obtain consent. For adoptions finalized before 5/28/45 and after 9-12-1980, identifying information may be released to an adult adoptee upon request unless the birth parent has filed a statement with the central adoption registry denying release.
A copy of the original birth certificate may be provided to the adult adoptee upon request when accompanied by a copy of a central adoption registry clearance reply form or by court order.
House bill H.F. 2440 and companion Senate bill S.F. 2369 were introduced February 2014 and assigned to committees (House Health and Human Services Policy Committee and Senate Judiciary Committee). Neither bill received a hearing during the 2014 Legislative Session which ended May 2014. Chief authors were Rep. Melissa Hortman (House) and Sen. Roger Reinert (Senate).
CURRENT LAW: An adult adoptee (19) may request the Commissioner of Health to disclose the information on the adoptee's original birth record. Within 6 months after receiving the request, the department or agency shall make reasonable efforts to notify each birth parent. If the department is unable to notify a parent identified on the original birth record within 6 months, and if neither parent has at any time filed an unrevoked consent to disclosure, the information may be disclosed as follows:
If the person was adopted prior to 8-1-1977, he or she may petition the court for disclosure, and the court shall grant the petition if, after consideration of the interests of all known persons involved, the court determines that disclosure of the information would be of greater benefit than nondisclosure.
If the person was adopted on or after 8-1-1977, the commissioner shall release the information to the adoptee.
If either birth parent has ever filed with the commissioner an unrevoked affidavit stating that the information on the original birth record should not be disclosed, the commissioner shall not disclose the information.
If a parent named on the original birth record has died, and at any time prior to the death the parent has filed an unrevoked affidavit stating that the information not be disclosed, the adoptee may petition the court of original jurisdiction of the adoption proceeding for disclosure.
The State Registrar shall provide a copy of an adoptee's original birth record to an authorized representative of a federally recognized American Indian Tribe for the sole purpose of determining the adoptee's eligibility for enrollment or membership in the Tribe.
For information, contact Penelope Needham, AAC Rep. for Minnesota
An adult adoptee (21) may request identifying information on either or both birth parents from the Bureau of Vital Records. If the birth parents have not filed a prior refusal, the adoptee can request that agency conduct a search. Unless the birth parent files a consent, identifying information cannot be released. If birth parent cannot be located, information cannot be released.
The original birth certificate shall not be a public record and shall not be released except upon the order of the court.
MISSOURI - PARTIAL ACCESS / ACCESS WITH RESTRICTIONS (2018)
HB 1599 -- ADOPTEE RIGHTS ACT SPONSOR: Phillips This bill specifies that an adopted individual, his or her attorney, or descendants may apply for an original copy of his or her birth certificate. The applicant must be at least 18 years of age; was born in this state; and provide appropriate proof of identification to the state registrar. The state registrar may impose a waiting period and fee that are identical to the fees and waiting period for a non-adopted birth certificate request. The uncertified copy of the original birth must have the following statement printed on it: "for genealogical purposes only - not to be used for establishing. This bill is similar to HB 647 (2015).
Link to bill
SUMMARY: This act modifies provisions regarding adoption records. Current law allows for non-identifying information, if known, concerning undisclosed biological parents or siblings to be furnished by the child-placing agency or the juvenile court to the adoptive parents, legal guardians or adopted adult upon request. This act allows such non-identifying information to also be furnished to the adopted adult's lineal descendants if the adopted adult is deceased.
SECTION 453.121.3 This act modifies the provisions regarding adopted adults obtaining identifying information of the undisclosed biological parents by making a request to the circuit court having original jurisdiction. This act provides that such identifying information shall also be furnished to the adopted adult's lineal descendants if the adopted adult is deceased.
SECTION 453.121.4 Current law allows the adopted adult to make a request and prescribes a procedure for obtaining consent from both the adoptive and biological parents if prior consent has not been given either through the adoption information registry or through contact by the child-placing agency or juvenile court personnel. This act modifies current law by requiring just the biological parents to be notified about the request for identifying information.
SECTION 453.121.4 and 5 If a biological parent authorizes the release of information or if a biological parent is found to be deceased, the court shall disclose the identifying information as to that biological parent to the adopted adult so long as the other biological parent: is unknown; is known but cannot be found and notified; is deceased; or has filed with the court an affidavit authorizing the release of information.
SECTION 453.121.7 This act provides that adopted adults may obtain identifying information on adult siblings with the sibling's consent without the court having to find that such information is necessary for health-related purposes.
CURRENT LAW: For a person adopted on or before 7-1-1967, the Department of Public Health shall furnish a copy of the original birth certificate upon the written request of an adult adoptee (18).
For a person adopted between 7-1-1967 and 9-30-1997, the department shall furnish a copy of the original birth certificate upon a court order.
For a person adopted on or after 10-1-1997, the department shall furnish a copy of the original birth certificate upon the written request of an adult adoptee unless the birth parent has requested in writing that the original birth certificate not be automatically released, or by a court order.
The department may release a copy of the adoptee's original birth certificate if release of this document is required to assist an adoptee to become enrolled in or a member of an Indian Tribe.
If relinquishment or consent to adoption was given prior to 9/1/88, an adult adoptee (25) can file a written request for his or her original birth certificate (OBC). The Department of Health & Human Services shall release the OBC if the birth mother, if unmarried at the adoptee’s birth, or both birth parents have signed a consent form (relative means biological parents or siblings) and the adoptive parents have not filed a non-consent form.
If there is no consent or non-consent form on file, the department may only release information regarding the court where the decree was issued and the adoption agency, if any, involved.
The department shall also release the OBC if the department has information that both biological parents are deceased, or if only one biological parent is known and that person is deceased and no non-consent form has been filed by an adoptive parent.
If relinquishment or consent to adoption was given after 8/31/88 and before 7/20/02, an adult adoptee (21) can file a request for his or her OBC. For relinquishments and consents after 8/31/88, the birth parent consent form is no longer required. Consent is assumed given unless a non-consent is on file. The department shall release the OBC if no non-consent form has been filed by either a birth or adoptive parent. If a birth parent non-consent form is on file, then the department shall only release medical history.
The department shall also release the OBC if the department has information that both biological parents are deceased, or if only one biological parent is known and that person is deceased unless an adoptive parent has filed a non-consent form. The department shall establish a policy for verifying information regarding the death of the biological parent or parents.
If relinquishment or consent to adoption was given after 7/20/02, adoptive parents are no longer given the option of filing a non-consent form. The OBC is released unless a birth parent has filed a non-consent.
Passive registry maintained by the Division of Child & Family Services.
were released. Only 12 birth parents have indicated they do not want contact.OBCsSince June 2005, original birth certificates have been available to adoptees age 18 and older. New Hampshire, like all states with adoptee access, has issued many original birth certificates with no harm resulting to any party. As of January 2012, over 1,572
For more information, log onto: www.sos.nh.gov/vitalrecords
By law passed in May 2014, people born and/or adopted in New Jersey who are at least 18 years of age will be able to access their original birth certificate (OBC) after January 1, 2017.
Others who can have access to adopted person's OBC include:
a) A direct descendant or spouse of an adopted person.
b) An adoptive parent or legal guardian or other legal representative of the adopted person.
c) An agency of the state or federal government for official purposes only.
The birth parent who relinquished a child for adoption BEFORE August 1, 2015 may submit a request for redaction of their name and other identifying information of the birth parent to the office of the Registrar before December 31, 2016. This request may be rescinded by the birth parent at any time, and the Registrar shall provide the identifying information concerning the birth parent to the authorized requester.
The birth parent of an adopted person may submit a contact preference form to the State Registrar.
A parent who files a contact preference must simultaneous submit a completed form providing updated family history information which shall include medical, cultural, and social history information regarding the birth parent. A parent who requests no contact will be requested to update family history information every 10 years until the age of 40 and every 5 years thereafter.
For persons born AFTER August 1, 2015 the birth parent's name and identifying information will remain on the OBC. For persons adopted after this date, the adoptee will receive a complete, un-redacted long form certificate of birth.
This law deletes the portion of the current statute that has allowed the birth certificate to show that the child was born where the adopting parents reside. In the future, the actual place of birth of the person will remain on the amended birth certificate.
Registry maintained by the State Children, Youth & Families Department with search and consent system requiring court approval. Release of the OBC requires court approval.
For information on the status of the New York Bill of Adoptee Rights, contact Tim Monti-Wohlpart, the AAC New York State Representative and Interim Legislative Chair. See, sign and share the Citizens Petition to Advance the "Clean" Adoption Reform Bill.
CURRENT LAW: Passive registry. Adult adoptees (18) and birth parents can register with the Adoption Information Registry to receive identifying information. When a match is confirmed, registry will notify the parties and the court where the adoption occurred to request each registrant’s “final consent” to the release of information. Upon receipt of the final consent, information is released.
The original birth certificate is available only upon order of the court.
NORTH CAROLINA - SEALED
HB1463, signed into law by Governor Beverly Perdue on July 21, 2010, expands the Confidential Intermediary (CI) program.
HB1463 will allow adoptees age 18 (instead of 21) and older to be able to use the Confidential Intermediary program. It will also allow:
- Adult biological siblings of adult adoptees
- Adult biological half siblings of adult adoptees
- Adult family members of deceased adoptees
- Adult family members of a deceased biological parent to use the Confidential Intermediary program.
This bill also allows an agency acting as a Confidential Intermediary to obtain a certified copy of a death certificate of the person who is the subject of the search and deliver it to the person who is searching.
For more information please contact Roberta MacDonald
- An adoptee must petition a court to order the North Dakota Department of Health's Division of Vital Records to release the original birth certificate (see NDCC 23-02.1-18).
- For further information, individuals may contact the Division of Vital Records at (701) 328-2360.
State LawNorth Dakota Century Code 14-15-16 provides that an adopted individual, a birth parent, or a birth sibling of an adopted individual may initiate a search for the adoptee/ birth parent. As of August 1, 2003, an adult child of a deceased adopted individual may also initiate a search.
- Searches may be made for either non-identifying information or for identifying information. When completing an identified search, a request for updated medical information may be made.
- An adopted individual may request a search when they reach age 18.
- A birth parent or birth sibling may request a search when the adopted individual being sought reaches age 21.
- The law requires individuals involved in the search process to consent to the release of identifying information about themselves.
- The search agency must make personal and confidential contact with the person being sought to request their consent.
- The licensed child placing agency that facilitated the adoption, or (if a facilitating agency cannot be identified) a licensed child placement agency of the searcher's choice completes the search.
- Search agencies may charge a fee for the search.
OHIO - ACCESS WITH RESTRICTIONS
In adoptions finalized in court prior to 1/1/1964, adult adoptees and their lineal descendants may have access to the adoptee’s original birth certificate and adoption decree upon request through Vital Statistics.
Starting on March 20, 2015 adoptees 18 years old and over adopted between 1/1/1964 and 9/17/1996 and their lineal descendants can request the adoptee’s original birth certificate and adoption decree through Vital Statistics. Birthparents are given a one-year opportunity to redact their name from the version of the documents that will be released – this opportunity to redact concludes on March 19, 2015. In the case of a redaction, only the redacting birthparent’s name is removed (the records will be released with other information intact). For more information on the new law and its implementation, including an informational video, go to www.AdoptionNetwork.org.
Adoptees adopted after September 17, 1996 can have access to these same documents when they turn 21 (and their adoptive parents can when the adoptee is 18-20 years old). In adoptions starting on September 18, 1996 the records may be withheld if the birthparent has filed a denial of release with Vital Statistics.
Birthparents from all years may file a Contact Preference Form and updated Medical and Social History with Vital Statistics at any time. If these are on file they will be released with the OBC and adoption decree.
OKLAHOMA - PARTIAL WITH RESTRICTIONS
CURRENT LAW: For adoptions finalized after 11-1-1997, an uncertified copy of the original birth certificate is available to an adoptee, age 18 or older, upon written request under the following conditions:
• He or she presents proof of identity.
• There are no birth siblings under age 18 who are currently in an adoptive family and whose whereabouts are known.
• The birth parents have not filed affidavits of nondisclosure.
For adoptions prior to 1/1/1997, the State has a search program using the services of a confidential intermediary.
OREGON - UNRESTRICTED ACCESS
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 )
Pennsylvania Governor Tom Wolf signed HB 162 into law on November 3, 2016. Effective November 3, 2017, PA-born adoptees at age 18 will have the right to their original birth certificate (OBC) for the first time since 1984. If the adoptee is deceased, descendants can request a copy of the adoptee’s OBC.
The bill allows birth parents to file a redaction to have their name deleted from the OBC. A contact preference form may also be filed.
Pennsylvania-born adoptees can now apply for their original birth certificate by following this link:
This is an early acceptance for the applications; however, they will not begin processing them until November 3, 2017. You will receive your non-certified copy of original birth record by December 18, 2017. Please allow 45 days processing time for applications submitted on or after Nov. 3, 2017!
Complete the form and mail it back to the Department of Health with $20 check or money order made payable to “Vital Records”:
Department of Health
Division of Vital Records
Attn: Adoptee Applications
PO Box 1528
New Castle, PA 16103-1528
To read the full information regarding original birth certificates, you can click this link:
Forms are now available at http://www.health.pa.gov/MyRecords/Certificates/Pages/Adoption.aspx#top
For information, please contact Carolyn Hoard,
Sub A which restores the human right for all adult adoptees 25 years of age or older born in Rhode Island to obtain a non-certified copy of their original birth certificate. Since July 2, 2012, 759 adoptees have received their OBC with 10 birth mothers indicating on the contact preference form that they do not want contact.S0478 signed into law ChafeeOn July 1, 2011, Governor Lincoln
The Rhode Island Vital Records Office has made available at the following link information regarding the new law, as well as the contact preference form for birth parents to complete.
Passive registry with information provided to individuals who match. Parties must undergo counseling. The original birth certificate (OBC) is sealed by the State Registrar. The statute does not specify a procedure for access to the OBC.
The Department of Social Services maintains a voluntary registry of adopted persons and birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent shall indicate to whom the information may be released and whether the adopted person desires release of this identifying information after his or her death. A person who uses this voluntary register may revoke his or her consent at any time. Go to the South Dakota Voluntary Adoption Registry, Department of Social Services.
The original birth certificate is available upon order of the court; 99% have been granted. Please contact the Adoption Unit at 605-773-3227.
TENNESSEE - ACCESS WITH RESTRICTIONS
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 Sundquist, 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.
Article on Adopted Person Information
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.
TEXAS - SEALED
The Vital Statistics Central Adoption Registry is a passive registry maintained by the State . When match is made, the administrator will notify each registrant. Before any identifying information is released, parties must participate in not less than one hour of counseling.
Only the court that granted the adoption may grant access to the original birth certificate.
UTAH - SEALED
Passive registry and access to records over 100 years old.
Utah law permits adult adoptees (21) the right to obtain non-identifying, detailed genetic and social history about their biological family. Adoptive parents should receive the state forms entitled "Birth Father's (and/or) Birth Mother’s Non-identifying Information for Adoption Registry" at the time of finalization. Copies of the completed forms may be obtained for a nominal fee from the Office of Vital Statistics. In 1987 Utah established a Mutual Consent Voluntary Adoption Registry. This registry is administered by the Bureau of Vital Records and Statistics and is available to adult adoptees, their biological brothers and sisters, and their birth parents. If both the adult adoptee and an adult member of the biological family register, then identifying information will be released to both parties.
Utah law permits public access to adoption records over 100 years old (Utah Code 1953 78B-6-141 (2)(e), see also Access to Adoption Records (1999)). Provisions for adopting children were first enacted by the Utah Territorial legislature in March 1884; prior to that date there were provisions for indenturing children and for assigning guardians in the case of deceased parents, but none for formal adoption.
VERMONT - PARTIAL WITH RESTRICTIONS
For adoptions finalized prior to 7-1-1986, the Department for Children and Families Adoption Registry shall disclose identifying information if the birth parent has filed any kind of document that clearly indicates that he or she consents to such disclosure.
For adoptions finalized on or after 7-1-1986, the registry shall disclose identifying information without requiring the consent of the birth parent unless the birth parent has filed a request for nondisclosure.
The original birth certificate may be released upon request to an adoptee who is age 18 or older and who has access to identifying information.
VIRGINIA - SEALED
HB 1868, passed in 2011, requires the State Registrar of Vital Records to mail an adult adopted person's (18) original certificate of birth to him upon order of the Commissioner of Social Services or order of a circuit court. This bill also provides that if a circuit court corrects or establishes a date of birth for a person born in a foreign country during an adoption proceeding or upon a petition to amend a certificate of foreign birth, the State Registrar shall issue a certificate of birth showing the date of birth established by the court.
"In parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is eighteen years of age or older, and a birth parent who executed a written consent to the adoption."
"Parental placement" means locating or effecting the placement of a child or the placing of a child in a family home by the child's parent or legal guardian for the purpose of foster care or adoption."
Beginning July 1, 2014, Washington-born adoptees over the age of 18 will be allowed to get a copy of their original birth certificate unless the birth parent files a form stating they do not want it released. To read the bill in its entirety, go to:
For more information, contact Penni Johnson, email@example.com.
WEST VIRGINIA - SEALED
Passive registry maintained by the Division of Human Services. An adult adoptee (18) and each birth parent may register by submitting an affidavit to the registry. The failure of any person to file with the registry for any reason, including death or disability, precludes the disclosure of identifying information to those persons who do register.
The original birth certificate may be inspected only upon order of a court of competent jurisdiction.
WISCONSIN - ACCESS WITH RESTRICTIONS
An adult adoptee (18) will receive identifying information if birth parent has filed an affidavit with the Department of Children and Families consenting to the release. If no affidavit is on file, the state will undertake a diligent search for the known birth parent to obtain consent or refusal.
The original birth certificate is available upon request to the adoptee if the known birth parents have filed affidavits authorizing disclosure.
WYOMING - SEALED
An adult adoptee (18) may petition the court to appoint a confidential intermediary for the purpose of determining the whereabouts of an unknown birth relative, except that no one shall seek a relative who is a minor. Any information obtained by the intermediary shall be kept strictly confidential and shall be utilized only for the purpose of arranging a contact between the person who initiated the search and the sought-after birth relative.
The original birth certificate is not subject to inspection except by court order.