Ask an Adoptee Rights Lawyer

First published on October 28, 2024 • Last updated on October 28, 2024

I’m teaming up with Haley Radke of Adoptees On! We’re taking audience questions about the law and adoptee rights, whether they relate to basic rights—such as original birth records or U.S. citizenship— or more cutting edge issues, like rescinding an adoption, amending a sealed original birth record, or securing citizenship in another country. Whatever is on your mind.

Ask an Adoptee Rights Lawyer November 14, 2024, 10am PST/12pm CST, brought to you by Adoptee Rights Law Center and Adoptees On — Brought to you by Adoptee Rights Law Center and Adoptees On

All questions are welcome, though I cannot provide specific legal advice, especially in a group setting. As Haley has aptly said before “Greg is an attorney but he’s probably not yours.”

Date: November 14, 2024
Time: 10am Pacific/12pm Central/1pm Eastern
Venue: Virtually via Zoom and live on YouTube

Call it a lunch and learn—or a primer about the legal rights of adopted people. Or just a casual and fun conversation with a podcaster and a lawyer. 🙂 Whatever it is, we look forward to seeing you there.

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About Gregory D. Luce

I am a Minnesota lawyer, born and adopted in the District of Columbia, and the founder of Adoptee Rights Law Center PLLC. I've been practicing law in Minnesota state and federal courts since 1993, and have been the executive director of Adoptees United Inc. since 2021. I also have a sense of humor.

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Author and Michigan-born adoptee Rudy Owens has a great resource about how to request your own original birth certificate through the courts: FAQs for Court Order Requests in Michigan for Original Birth Certificates.
State of Michigan: Forms and Information from the Central Adoption Registry
State of Michigan: List of Adoption Records of Closed Agencies
Michigan Open Access is an adoptee-led organization seeking to change Michigan law to allow unrestricted access to your own original birth certificate.

Note: Washington has used two different methods to deny adult adoptees access to their original birth certificates. For adoptions finalized after October 1, 1983, birth parents were allowed to file affidavits of non-disclosure until July 28, 2013. A limited number of these affidavits may still be on file.

For all adoptions, a birth parent may also, at any time, file what is considered a corrupt contact preference form. While the form lists a birth parent's preference for contact, it also allows a birth parent to prohibit disclosure of identifying information on the OBC.

Both an affidavit of nondisclosure and a contact preference form expire when a birth parent dies.

US OBC Rights 2024

Alabama. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates, beginning at age 19. Read more.

Alaska. Adult adoptees have an unrestricted right to request and obtain their original birth certificates, beginning at age 18. Read More.

Arizona. Arizona implemented a "donut hole" provision in a new law, which became effective on January 1, 2022. It allows only some adoptees to request the OBC--- based on their date of birth---but denies the right to obtain the OBC to the vast majority of Arizona-born adopted people. Read more.

Arkansas.While Arkansas law allows adult adoptees to request their adoption files, the request is subject to a birthparent's ability to redact their names on the original birth certificates. A FAQ with information about the law and its requirements and discriminatory limitations is here.

California. Adult adoptees do not have a right to request and obtain their own original birth certificates, except by court order. Adoptees must petition the court and show “good and compelling cause” in order to obtain a copy of their own original birth record. Read more.

Colorado. Colorado-born adult adopted people have a right to request and obtain their own original birth certificates. An adopted person who is at least 18 years of age may apply for and receive a non-certified copy of their original birth certificate through the Colorado Department of Health and Environment. Read more.

Connecticut. Connecticut-born adult adopted people have an unrestricted right to request and obtain their own original birth certificates. The right also extends to the adult children and grandchildren of the adopted person. Read more.

Delaware. While Delaware-born adopted people who are at least 21 years of age may request a copy of their OBCs, birthparents may legally veto their release, otherwise known as a "disclosure veto." Read more.

District of Columbia. District of Columbia courts control all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. A court order is required and, depending on the date of adoption, may involve federal court or the D.C. Superior Court. Read more.

Florida. While Florida-born adult adopted people may apply for a copy of the original birth record, it takes signed affidavits of consent from birthparents---or death certificates showing that birthparents are deceased---to compel release of the OBC. Otherwise, release is allowed only by court order. Read More.

Georgia. Georgia-born adult adopted people must secure a court order to obtain a copy of their original birth certificates. Read more.

Hawaii. Adopted people born born in Hawaii do not have an unrestricted right to obtain their own original birth certificates. People adopted in Hawaii may request and obtain their court adoption records, which may include an original birth certificate. The law does not apply to people born in Hawaii but adopted in a different state. Read more.

Idaho. An OBC is available only by court order or conditionally through a state-operated “voluntary adoption registry.” Disclosure of an original birth certificate through the registry is subject to consent of the parties and may require the consent of both birth parents. Additional rights through the registry are available to people adopted on or after July 1, 2022, but those adoptees must also be at least 18 years of age. Read more.

Illinois. The state has implemented a complex tiered date-based system to request and obtain a birth record, using the adoption registry to facilitate release of OBCs and other information. The date of birth of an Illinois-born adopted person determines who has a right to an OBC or who may be subject to a birthparent’s request to redact identifying information on the OBC. Read more.

Indiana. The state has a complex and discriminatory framework that may allow release of specifically defined "identifying information," but a birthparent may prohibit release of that information at any time, even after the parent's death. Read more.

Iowa. While Iowa-born adopted peoole who are at least 18 years of age may apply for a copy of their own original birth certificates, release of the record is subject birthparent redaction requests. Read More.

Kansas. While original birth certificates may be sealed after an adoption, Kansas-born adult adoptees who are at least 18 years of age have always had an unrestricted right to request and obtain their own original birth certificates. Read more.

Kentucky. A court order is required for an Kentucky-born adult adopted person to secure a copy of their own original birth certificate. Read more.

Louisiana. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain a copy of their own original birth certificates. Read more.

Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Maine-born adopted people must be at least 18 years of age before requesting the OBC. Read more.

Maryland. For all practical purposes, Maryland should be defined as a "restricted" state: there are so few current Maryland-born adult adopted people who may qualify under its law, which gives preference to adoptions finalized on or after January 1, 2000. Because the adopted person must also be at least 21 years of age to request the OBC under the date-based qualification, the law effectively applies only to those adopted people who are recently turning 21 (or were older at the time of their adoption). In addition, birthparents under current law may at any time veto disclosure of birth records or identifying information. Maryland-born adopted people whose adoptions were finalized before January 1, 2000, must secure a court order to obtain a copy of their own original birth records. Read more.

Massachusetts. The Bay State in 2022 became the 12th state in the U.S. to affirm or restore the right of all Massachusetts-born adult adopted people to request and obtain a copy of their own original birth certificates. Read more.

Michigan. Michigan requires the use of a “Central Adoption Registry” to process information and to determine whether an adoptee should or should not get “identifying information,” which does not initially include an original birth certificate. Depending on the date of terminatuion of a birthparent's parent rights, a birthparent may deny access to identifying information or withhold access by saying nothing. In most cases (those in the donut hole years) no identifying information---or the OBC---may be released to the adoptee, except by court order or if the birthparent is deceased. Read more.

Minnesota. All Minnesota-born adult adopted people have a right obtain a copy of their own original birth records. This also applies to the spouse, children, and grandchildren of the adopted person if the person is deceased. Read more.

Mississippi. Mississippi-born adult adopted people do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order to obtain the record. Read more.

Missouri. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes, some of which may extend beyond the death of the parent. Read more.

Montana. Montana maintains a somewhat complex tiered system that uses an adoptee’s date of adoption as the determinant of whether an adopted person may obtain their own original birth certificate. While an original birth certificate may be available more easily to adoptees who are at least 30 years of age, court orders may be required for younger adoptees. In all cases, if a birthparent requests that a court order be required, the OBC will not be released without a court order. Read more.

Nebraska. Nebraska law is incredibly complex and confusing. Generally, any right of a Nebraska-born adult adopted person to obtain a copy of their own OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and in some cases an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.

Nevada. Nevada-born adult adopted people must secure a court order to obtain a copy of their own original birth certificate. Read more.

New Hampshire. Adoptees who are at least 18 years of age have an unrestricted right to request and obtain their own original birth certificates. The state also allows birth parents to file a contact preference form and/or health history questionnaire, neither of which will restrict the right of adult adoptees to obtain their OBCs. Read more.

New Jersey is best described as a "limited time redaction" state, as the law in 2016 provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most New Jersey-born adult adopted people now have a right to obtain their own original birth certificates, approximately 560 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 560 adoptees have no right to obtain an unredacted original birth certificate except through a court order. Read more.

New Mexico. A New Mexico-born adult adopted person must demonstrate good cause to convince a court to release a copy of the adoptee's own original birth certificate. Read more.

New York. Since 2020, adult adopted persons and their descendants have an unrestricted right to request and obtain a certified copy of the adopted person's own original birth certificate. Read more.

North Carolina. A court order is required for the release of any identifying information, including an OBC. A North Carolina-born adult adopted person must specifically request the OBC in a court action that seeks the release of identifying information. Read more.

North Dakota. Adult adopted people who were born in North Dakota do not have a right to request and obtain a copy of their own original birth certificates. It takes a court order to release it. Read more.

Ohio. Not all Ohip-born adult adopted people are treated equally. While legislative reforms in the last decade removed a number of discriminatory provisions, significant restrictions remain, including birthparent redaction and disclosure vetoes. Read more.

Oklahoma. Currently, nearly all Oklahoma-born adult adopted must obtain a court order and show good cause for release of the OBC. While Oklahoma-born adopted people whose adoptions were finalized after November 1, 1997, do not require a court order, requests for such OBCs are subject to birth parent disclosure vetoes and redaction. Read more.

Oregon. Oregon-born adopted people who are at least 21 years of age have an unrestricted right to obtain a copy of their own original birth certificates. Oregon law also allows adoptees at age 18 to obtain specific records in the court adoption proceedings. Read more.

Pennsylvania. Pennsylvania-born adopted people who are at least 18 years of age—and who must be high school graduates, possess a GED, or are legally withdrawn from school— may request "summary information" from their original birth record (but not a copy of the original record itself). Birthparents, however may redact identifying information on the OBC by filing a “name redaction request.” Redaction requests may be filed or withdrawn at any time and do not extend beyond a filing parent’s death. Read more.

Rhode Island. Adult adopted people and their descendants have an unrestricted right to request and obtain the adopted person's own original birth certificate at age 18. Read more.

South Carolina. South Carolina-born adult adopted people must either obtain a court order or birthparent permission to obtain an unredacted original birth record. Read more.

South Dakota. South Dakota-born adult adopted people have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department or from the local register of deeds. In July 2023, South Dakota became the fourteenth state to affirm or restore such a right. Read more.

Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their own “adoption records,” which typically include original birth certificates. The only exception to this right is for an adult adoptee whose birth parent was a victim of rape or incest—in such cases the written consent of the birth parent is required for release of records. Read more.

Texas. Release of the OBC to a Texas-born adult adopted person requires a court order, with one significant exception: adoptees who are at least 18 years of age and who know the names of their birthparents listed on the record may obtain a non-certified copy of their own original birth certificate upon request. Read more.

Utah. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 18 years of age or older may request their birth records, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.

Vermont. Vermont-born adult adopted people and their descendants have an unrestricted right to request and obtain a copy of the adopted person's own original birth certificate directly from the state's vital records department. In July 2023, Vermont became the thirteenth state to affirm or restore such a right. Read more.

Virginia. Release of an OBC to a Virginia-born adult adopted person requires either a) a state agency’s decision, upon good cause shown, to release identifying information from the adoption records; or b) a court order upon good cause shown. Read more.

Washington. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC is available through the Department of Health but release is subject to birth parent disclosure vetoes as well as to corrupt contact preference forms that allow birthparents to deny release of the OBC. Disclosure vetoes and contact preference forms expire on the death of the birth parent. Read more.

West Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A court order, requiring good cause, is required before the release of an OBC. Read more.

Wisconsin. The original birth record is only available by court order or through successful completion of a complex and lengthy "adoption records search" process, which depends upon consent or death of the parties to release any records or information. For these reasons, it is considered a "Restricted State." Read more.

Wyoming. Adult adoptees do not have an unrestricted right to obtain their original birth certificates. It takes a court order for release of an OBC, with no specific standards or procedures outlined in seeking such an order. Read more.

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Most adopted persons know what an original birth certificate (OBC) is. Many non-adopted people do not. An original birth certificate is the initial birth certificate created shortly after a person's birth. For most people, it is their only birth certificate.

For persons born and adopted in the United States, a new or "amended" birth certificate replaces the OBC once the adoption is final. In addition to replacing the original, the names of the birth parents are also replaced with the names of the adoptive parents. Some states may also alter or omit additional information on a new certificate, including the adoptee's specific place of birth.

Depending on state law, an original birth certificate is sealed and remains unavailable to the adopted person, even when they become an adult. If you are not adopted, your original birth certificate is your only birth certificate---and it is always available to you upon request.

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