• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Adoptee Rights Law Center

Adoptee Rights Law Center

Legal representation and advocacy for adult adopted people

  • Adoptee Rights Law Center
  • Birth Records
    • FAQ
    • Laws
    • Legislation
    • Maps
  • Citizenship
    • FAQ
    • Legislation
  • Latest
  • About
    • Press
    • Contact
  • Show Search
Hide Search

Latest on Citizenship for Intercountry Adoptees

Last updated on November 27, 2022

Current Status as of November 15, 2022: Not Passed. While Congress passed the “CHIPS and Science Act”—which in part drew provisions from two other larger bills being negotiated, one of which contained intercountry adoptee provisions—the final bill did not include any provisions addressing intercountry adoptees and US citizenship. No further action has since occurred to move the Adoptee Citizenship Act of 2021 forward in either the Senate or the House.

What happened this past year?

As part of complicated maneuvering to address the lack of US citizenship for thousands of intercountry adoptees in the US, a pared down version of the Adoptee Citizenship Act passed the House in March. But it’s not the actual ACA. It was wrapped up in amendments to a much larger and unrelated bill that was negotiated between the House and Senate. Ultimately, however, intercountry adoptee provisions were not included in the final bill.

What happened in the House?

The quick answer is that in February the House passed the massive COMPETES Act on a largely partisan vote. And that a slew of amendments were added to the COMPETES act before its passage, including one that addressed intercountry adoptees without citizenship.

What happened in the Senate?

The Senate took up the COMPETES Act for consideration in late March, gutted the bill, and added its own provisions, ultimately passing the amended bill on a 68-28 vote. It has now been transmitted back to the House, where the House has disagreed with the Senate amendments (the amended Senate bill no longer contains the adoptee citizenship provisions, but they were never in the Senate bill initially). Party leaders in the Senate and House now appointed more than 100 conference committee members to work out differences between the two bills.

What happened in the Conference Committee?

After one public meeting of the conference committee, Senate leadership negotiated a final bill, known as the CHIPS and Science Act. It quickly passed both the House and Senate. Provisions to address intercountry adoptees and US citizenship did not make it into the final bill.


The following information is outdated. It explains what happened in 2002 to forward measures that could have provided relief for intercountrya adoptees without citizenship. Those measures did not pass.

What is the House COMPETES Act?

It’s a $350 billion bill, with dozens of House amendments, intended to address US technological competitiveness around the globe, particularly with China.

Just get to the chase. Is the House passage of the COMPETES Act good news?

Yes, it is good news, though there’s a lot of work ahead to keep the adoptee citizenship provisions in the final bill.

Whats the skinny? What do the House amendments do?

The adoptee citizenship provisions in the House version of the bill does one thing: it removes a prior date-based restriction that requires an intercountry adoptee to be younger than 18 years of age on February 27, 2001 (here’s a separate earlier FAQ about the current law, including how it works and where it falls short). If the bill is ultimately enacted, then any intercountry adoptee who qualified for citizenship while a child—no matter the date of birth—would acquire US citizenship.

Which adoptees does the House bill include?

It includes all intercountry adoptees. That said, there are two requirements under the bill (and under current law) that must be met, no matter your date of birth:

  1. You must have been admitted to the United States as a legal permanent resident (i.e., you received a green card when you entered the US)
  2. Your adoption must have been full and final prior to age 18, whether that adoption was completed in the country of origin or in the United States.

While there are other issues that must be met, those are the two big qualifiers for any intercountry adoptee seeking US citizenship under current law (and under the language of this bill).

Does the House version of the bill include adoptees who have already been deported?

Yes, but only if they qualified for US citizenship as a child but did not obtain citizenship because they were too old on February 27, 2001, the effective date of the Child Citizenship Act of 2000. The amendment eliminates the need to be younger than 18 on that date and applies “to individuals who satisfy the requirements of [the Child Citizenship Act] before, on, or after the date of the enactment of [the Child Citizenship Act]”

My adoption was never finalized abroad or in the United States. Do I qualify for citizenship under the House bill?

No. The adoption must have been finalized while you were a child, whether abroad or in the United States. To put it simply, you must be an adoptee—legally. For the most part, those who do not qualify under this amendment would be people who 1) entered the country on a non-immigrant visa (e.g., a visitor or tourist visa); or 2) entered the country on an IR-4 or IH-4 visa but whose parents never finalized the adoption in a state court. I have a number of clients in this boat and neither the amendment nor the actual Adoptee Citizenship Act would fix this. They must still naturalize or seek a different path to citizenship.

I was never a legal permanent resident. Do I qualify for automatic US citizenship under the bill language in the House?

No. See the previous questions, but you must have been admitted to the United States as a legal permanent resident, which means you entered on an immigrant visa and received a green card. Those who entered on non-immigrant visas (e.g., tourist, student, visitor) do not qualify for acquired U.S. citizenship unless they adjusted their status to a legal permanent resident while still a child.

Do you have the text of the adoptee citizenship provisions in the House bill?

Yes. This is the full amendment, and it is part of a much larger list of amendments that were added to the COMPETES Act in the House.

SEC. 80306. CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) IN GENERAL.—Section 104 of the Child Citizenship Act of 2000 (8 U.S. C. 1431 note) is amended to read as follows:

‘‘SEC. 104. EFFECTIVE DATE.
‘‘The amendments made by this title shall take effect 120 days after the date of the enactment of this Act and shall apply—

‘‘(1) to individuals who satisfy the requirements of section 320 of the Immigration and Nationality Act (8 U.S.C. 1431), before, on, or after the date of the enactment of this Act; and

‘(2) to individuals who satisfy the requirements of section 322 (8 U.S.C. 1433) of the Immigration and Nationality Act, as in effect on such effective date.’’.

(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section shall take effect on the date of the enactment of this section

(2) LIMITATION.—An individual who, before the date of the enactment of the Child Citizenship Act of 2000 (Public Law 106-395), satisfied the requirements of section 320(a) of the Immigration and Nationality Act (8 U.S.C. 1431(a)), or section 320(b) of such Act, if applicable, is deemed to be a citizen of the United States as of the date of the enactment of this section if such individual is not a citizen of the United States under any other Act.

What’s next?

More than 100 members of Congress have been announced as members of the conference committee. That committee began meeting on May 12, 2022, and worked to create a negotiated bill. That negotiated bill—the CHIPS and Science Act—ultimately did not include provisions for intercountry adoptees.

Filed Under: Intercountry Adoptees, Latest News Tagged With: Adoptee Citizenship Act, Legislation

About Gregory D. Luce

I am a Minnesota lawyer, DC-born adoptee, and the founder of Adoptee Rights Law Center PLLC. I've been practicing law in Minnesota state and federal courts since 1993. I also have a sense of humor.

Get Involved with Adoptees United Inc.

Logo of Adoptees United Inc.Did you find this post interesting? Then get involved nationally with Adoptees United Inc., a national tax-exempt non-profit organization dedicated to securing equality for all adult adopted people in the US. Find out more here, and join me and others in working for equality.

Did I Miss Something?

I work hard to get the laws and facts straight in every state---and to keep them regularly updated. If you see something that's not quite right or doesn't fit your experience, let me know with either a quick comment or an email.

 

Reader Interactions

Comments

  1. Sabine H says

    February 8, 2022 at 11:37 pm

    What is with children adopted by a U.S. citizen living in a foreign country? It still is discriminating parents that can‘t or don‘t want to conceive biological children. A biological child would automatically become a U.S citizen if the parent fulfills certain requirements but it seem again, that a non biological child is not considered the same.

    Reply
  2. NQ says

    November 20, 2022 at 12:53 pm

    I remember when I saw this🙏🌹House Passes Bill To Close Citizenship Loophole For Intercountry Adoptees
    HR1593/S967 [PDF Copy] The Adoptee Citizenship Act of 2021 is a critical piece of federal legislation that closes a discriminatory loophole in US immigration law, one that denies U.S. citizenship to thousands of intercountry adoptees who decades ago were legally adopted by U.S. citizen parents, but didn’t pass😭..Please it’s only fair, to include all Legal Adoptees. I want to go home, to my US Family my Children ,Husband my Grandkids🌹😭🙏

    Reply
  3. Daniel Solomon Bloch says

    December 27, 2022 at 4:41 am

    I sure hope that this bill will one day pass and become law. It’s so unfair, the way the present law dies not apply to those born before 1983. It really is saying that those left out are less of a child than others.

    Reply
  4. NH says

    January 29, 2023 at 10:52 am

    We really need to make sure that we are taking care of those who we have already adopted into this Country,” “U.S citizenship as many Americans know is a huge part of identity and a sense of belonging. Please pass the Adoptee Citizenship Act correcting loophole which would right a wrong making it fair. We were All “Legally” Adopted. 🌹🙏 Life is short please let us reunite with our families.

    Reply
    • Daniel Solomon Bloch says

      January 29, 2023 at 12:02 pm

      Amen. please let us reunite with our family. 👪

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

  • Email
  • Facebook
  • Instagram
  • Twitter
  • YouTube

Adoptee Rights Law Center

The Adoptee Rights Law Center PLLC is an adoptee-driven law firm founded by Gregory Luce, a Minnesota lawyer who was also born and adopted in the District of Columbia.

Contact Me

Legal representation limited to issues involving Minnesota law and federal immigration law.

Latest Posts

  • Indiana SB345: A Recipe for Corruption
  • New Massachusetts Law: FAQ
  • Louisiana’s Equal Rights Law: FAQ
  • Tennessee Dumps Its Contact Veto
  • Idaho’s Discriminatory Law: A FAQ

Contact Info

Adoptee Rights Law Center PLLC
PO Box 19561
Minneapolis Minnesota 55419
T: (612) 221-3947
E: [email protected]

Legal representation limited to issues involving Minnesota law and federal immigration law.

The OBC: Maps

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. The right of Minnesota-born adopted people to obtain their own original birth certificate in all cases requires the affirmative written consent (or death) of birthparents to release the record. The state also uses a complex, confidential, and often expensive intermediary system involving the department of health, the department of human services, and individual adoption agencies. For these reasons it is considered a Restricted State. 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 do not have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department. Nevertheless, upon "maturity" an adoptee may petition the court for release of the adopted person's court adoption records, which will typically lead to or include release of the OBC. 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 do not currently have an unrestricted right to obtain their own original birth certificates. The state, however, recently enacted legislation that will make the OBC available upon request to all Vermont-born adult adopted people, beginning on July 1, 2023. 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.
US OBC Rights 2022 Placeholder
US OBC Rights 2022
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. The right of Minnesota-born adopted people to obtain their own original birth certificate in all cases requires the affirmative written consent (or death) of birthparents to release the record. The state also uses a complex, confidential, and often expensive intermediary system involving the department of health, the department of human services, and individual adoption agencies. For these reasons it is considered a Restricted State. 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 do not have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department. Nevertheless, upon "maturity" an adoptee may petition the court for release of the adopted person's court adoption records, which will typically lead to or include release of the OBC. 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 do not currently have an unrestricted right to obtain their own original birth certificates. The state, however, recently enacted legislation that will make the OBC available upon request to all Vermont-born adult adopted people, beginning on July 1, 2023. 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.

View More Maps

OBC: State Status & Numbers

12 UNRESTRICTED
21 COMPROMISED
18 RESTRICTED
51 VIEW ALL
What do these mean? Some maps and an explanation.

Legislative Tracking


 
I also monitor federal legislation related to intercountry adoptees.

Adoptee Rights Law Center

Copyright © 2023 · Adoptee Rights Law Center PLLC · Home · About · Contact