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Annulment of Adoptions

I am researching the legal right to annul your own adoption, including what that means, what such a right should look like, and what issues we need to consider in securing that right. As I develop the historical and legal framework, I will add resources and continue to discuss the issue with adopted people as well as with birthparents and adoptive parents. My focus, however, will always be on the rights of all adopted people to annul their own adoptions.

Two short videos give a broad overview of adoption annulments generally, leading to an answer to the question:should there be a right to annul your own adoption?


Adoptions and Annulments Part 1: A Brief History

A closed-captioned version is available on YouTube, and a transcript is also below.


Adoptions and Annulments Part 2: Securing a Right Today

A closed-caption version is available on YouTube. A transcript is available here.

Part 1 Transcript

(alt-text is provided for each of the images below, and a closed-captioned version is available on YouTube)

I’m an adoptee rights lawyer, and I get a fair share of questions about annulling an adoption. These questions are typically from adult adopted people who want to vacate or annul their own adoption.  My typical answer is that it’s possible but extremely difficult to annul your adoption. I’ve been successful in one case and that case took a huge emotional and financial toll on my client. But it’s something I continue to think about and research, to the extent now that I believe it is time to work to establish a right of an adult adopted person to annul their own adoption, consistent with their best interests.

Adoption annulment statutes have been around for more than a century. This is a statute from 1917 in Minnesota, which was considered a ground-breaking modern adoption law at the time. This law, which became fairly typical across the country over the decades, was on the books until the early 1960s.

White background with black text of a 1917 Minnesota law, which states “8631. Annulment – if within five years after his adoption a child develops feeble-mindedness, epilepsy, insanity or venereal infection as a result of conditions existing prior to the adoption, and of which the adopting parents had no knowledge or notice, a petition setting forth such facts may be filed with the court which entered the decree of adoption, and if such facts are proved the court may annul the adoption and commit the child to the guardianship of the state board of control. In every such proceeding it shall be the duty of the county attorney to represent the interests of the child (1917 chapter 22 Section 1).

As you can see there were limitations on annulment back then, as has always been the case, including a time limit on the availability to seek annulment. But, as you can see, annulments are almost always focused on the adoptive parents, particularly parents who believe they got a raw deal in the transaction.

Here, in 1917, was a list of some of the common raw deals, all related to undisclosed defects in an adopted person. If within five years the adopted child develops epilepsy, insanity, venereal disease, or feeble-mindedness—which was a broad term that grew out of the eugenics movement—then the adoptive parents could annul the adoption.

Block quote with gold and black text stating "If within five years after his adoption a child develops feeble-mindedness, epilepsy, insanity or venereal infection . . .

It also had to be a condition they didn’t know about and didn’t discover until after the adoption.

Block quote with gold and black text stating ". . . of which the adoptive parents had no knowledge of information prior to the adoption . . . "

But if they could prove it, the court would annul the adoption and give the child back to the state.

Block quote with gold and black text stating " . . . the court may annul the adoption and commit the child to the guardianship of the state board of control."

These statutes still exist.

White background with black text of a California statute. In the upper left corner is the words State of California fall out my family code section 9100. Underneath is the text of the statute itself which states “9100. (a) if a child adopted pursuant to the law of this this state shows evidence of a developmental disability or mental illness as result of conditions existing before the adoption to an extent that the child cannot be relinquished to an adoption agency on the grounds that the child is considered unadoptable, and of which conditions the adoptive parents or parent had no knowledge or notice before the entry of the order of adoption, a petition setting forth those facts may be filed by the adoptive parents or parent with the court that granted the adoption petition. If these facts are proved to the satisfaction of the Court, it may make an order setting aside the order of adoption. (b) the petition should be filed within five years after the entry of the order of adoption.

In California, for instance, current law allows annulment if the adoptive parent discovers evidence of an undisclosed developmental disability or mental illness.

Block quote with gold and black text stating ". . . evidence of a developmental disability or mental illness. . . "

Kentucky goes one step further and still enshrines an element of eugenics in its law today. Enacted in the 1950s, Kentucky’s annulment statute relates solely to ethnicity and race.

White background with black text of current Kentucky law stating “199.540, Annulment of Adoption --- Perior after which adoption not subject to attack. (1) if a child adopted under KRS 1 99.470 to 199.520 reveals definite traits of an ethnological ancestry different from those of the adoptive parents, and of which the adoptive parents had no knowledge or information prior to the adoption, the petition setting forth the facts may be filed by the original petitioner or the cabinet at any time within five years after the adoption with the court which decreed the adoption. If upon hearing the facts set forth in the petition they are established, the court may enter a decree of annulment of the adoption and setting aside any or all rights or obligations which may have accrued by reason of the adoption. (2) After the expiration of one year from the date of the entry of judgment of adoption, the validity thereof shall not be subject to attack in any action, collateral or direct, by reason of any irregularity or failure to comply with KRA 199.470 to 199.520, either procedurally or substantively. Effective July 15, 1994

If an adoptive parent discovers “definite traits of ethnological ancestry different from those of the adoptive parents.”

—and they had no knowledge of it before the adoption—-

Block quote with gold and black text stating "If an adopted child . . . reveals definite traits of ethnological ancestry different from those of adoptive parents . . ."

then the court may enter a decree of annulment. That is, if you are a white adoptive parent and your child is perceived later as Black, an adoptee of color, or an Indigenous child, you have a legal right to annul that adoption and give the kid back.

Block quote with gold and black text stating " . . . the court may enter a decree of annulment of the adoption"

These provisions were not limited to laws either.

Many agencies had their own return policies, some extremely broad. This is one from the Catholic Home Bureau in New York. It’s from one of my friends who is a New York adoptee rights activist. The Catholic Home Bureau had a contractual policy that stated “the family Is at liberty to return the child to the Catholic Home Bureau for any reason the family decides that it ought not to keep the child.” Such a return policy was unheard of in the 1960s for a car or any other marketable item—except for adopted people.

Image of a document with the title Catholic Home Bureau for Dependent Children, with gold and black text in a block quote on the right stating "The family is at liberty to return the child to the Catholic Home Bureau for any reason the family decides that it ought not to keep the child."

So that’s a very brief overview. Of course today, even though annulment laws are more strict and often have shorter time limits, they still exist in some form. But importantly, an underground system of annulment is thriving. That is, “rehoming”—or what is technically called “unregulated custody transfers”—is a way to secure extrajudicial annulments, especially for adoptive parents who feel—like adoptive parents 100 years ago—that they got a raw deal.

Rehoming is legal in many states, it has created a secondary adoption market, and it happens in anywhere from three to ten percent of all adoptions, though the stats likely underrepresent the reality. Importantly, though, rehoming happens at a much higher and alarming rate for intercountry adoptees, Black adoptees, adoptees of color, and older and disabled adoptees. That is, the ghost of eugenics still follows us.

So this is my question, which I’ll explore in more detail in Part 2.

If there has always been a formal or informal right of return policy for adoptive parents, with remedies to fix what they believe was a raw deal, what about an adult adoptee who got a raw deal?

Block quote with gold and black text stating "if there has always been a right of return policy for adoptive parents, with remedies to fix what they believe was a raw deal, what about an adult adoptee who got a raw deal?"

Should there be a right to annul your own adoption?

Quote in black and gold text, centered, stating "Should there be a right to annul your own adoption?"

After all, at every chance courts remind us that the best interest of the adoptee is the paramount consideration in all adoptions? So, what if that best interest—your best interest— is to annul the adoption? I’ll talk about that next, including what such a right to annul could look like.

Part 2 Transcript

In the first part of this series I described the history of annulments and adoption, but that was generally from the perspective of adoptive parents who wished to cancel an adoption and give a kid back to the state—or give the adopted person informally to somebody else.

But in the end I posed two questions to highlight a different perspective, our perspective. That is, people like me, an adopted person. I asked:

If there has always been a formal or informal right of return policy for adoptive parents, with remedies to fix what they believe was a raw deal, what about an adult adoptee who got a raw deal?

Should there be a right to annul your own adoption? Yes, of course.

And it turns out that a number of states have also answered that question with a Yes. For decades, at least two states recognized a right for an adult adopted person to void their adoption, and a number of other states had provisions that would allow vacating or annulling an adoption under certain circumstances.

Maine, for instance, had for many years a provision that allowed two or more persons for good cause shown to seek and obtain the annulment of an adoption. Other states had general provisions that allowed vacation or annulment by anyone, though the law usually mandated strict time periods and was typically only available while the adoptee was a child.

West Virginia and Vermont, however, had much broader and nearly identical provisions for decades. West Virginia, which for nearly one hundred years recognized the right to void your own adoption, had a law that was simple, though it required the adopted person to act as soon after they became an adult. The law in West Virginia for years stated that:

You would think that this right—a right to end your own adoption—-is outdated and maybe a throwback to a different time. That is, we’re not going back there again. That’s wrong. It’s not outdated. It’s necessary today to restore autonomy—and recently, West Virginia legislators have introduced bills that would recognize that right to autonomy.

The bill, first introduced in 2019, would reinstate the right to annul your own adoption. It provides that “Any adult resident who has been previously adopted by order of a West Virginia court may petition a circuit court for a court order annulling the adoption. Upon granting the petition by the court, all legal rights and privileges granted pursuant to state law by the adoption are null and void.”

Screenshot of a West Virginia Bill, House Bill 2188, from 2019, on white background with black text what states “A bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section 48-22-804, relating to nullifying certain adoption orders. Be it enacted by the legislature of West Virginia: Article 22. Adoption. Section 48-22-804. Annulment of adoption by adoptee." Following this introductory text is underlined text that would be added to current law, stating “Any adult resident who has been previously adopted by order of a West Virginia court may petition a circuit court for a court order annulling the adoption. Upon granting the petition by the court, all legal rights and privileges granted pursuant to state law by the adoption are null and void. The court upon request of the petitioner, as part of any such order, may change the name of the petitioner, if the petitioner has the legal surname of the adopted parent.”

Annulment or vacating an adoption is really about one thing. It provides genuine autonomy to an adopted person, an autonomy that had not existed during their childhood when the adoption was facilitated and determined to be in their best interests—but almost always without their direct input. Today, however, the right to annul or vacate an adoption would provide needed autonomy to people whose best interests as adults means terminating an adoption that never worked for them or that they no longer want.

That autonomy exists today, but we call it something else: we call it adult adoption.

Adult adoption, however, is not the same as annulment, though it does prove that adoptees are trusted as adults with their own decisions over who may be their parents. That is, an adult adopted person—or any adult—can be adopted by another adult, and it only requires the consent of both people. This has been done for millenia, going back to ancient Rome, largely for purposes of inheritance but in more modern times for purposes of arranging a family that fits who you are and how you identify.

While there are a few limitations in some states with adult adoptions, usually concerning the age difference between the people involved, all it takes in most states is the consent of both the adoptee and the proposed adopter. After all, everyone in this legal relationship is an adult and we all presume that they know what is in their own best interests. Don’t we?

So, if you can already legally rearrange you own parentage through an adult adoption—which provides a semblance of autonomy—what’s the difference between that and ending an adoption on your own? There’s not much difference. One—adult adoption—creates a new parent and terminates the prior parental relationship. The other—annulment—terminates the adoption and leaves the adoptee completely autonomous, without legal parents. That is, the adoption no longer exists.

Annulling your own adoption is not without its issues, which we can resolve—and if we are serious about reinstating or securing a right that we should have as adults, we need to answer a few questions to get there. In fact, even if a bill like the one in West Virginia became law tomorrow, we’d still need to figure out a number of things.

These include restoration rights, which basically has two issues: One, does annulment restore your own original birth record? That’s easy to answer: yes, this is already the case in current law in most states—that is, annulment of adoptions leads to the restoration of the prior original birth record.

The second restoration right is more complicated and involves the complexity of human relationships. That is, what prior parental rights, if any, are restored through the annulment or vacation of an adoption. That is not an easy answer and it will need to be sussed out. Same goes for intercountry adoptees whose adoptions were critical to make them US citizens. How would annulment affect that citizenship and what do we need to watch out for?

These and likely other questions, however, are issues, not barriers. In other words, provided we can establish a right to annul your own adoption, as a simple procedure, then we are certainly able as adults to work out the more complex cases that may arise in certain requested situations.

I believe very strongly there should be a right to annul or vacate your own adoption, and that right should be simple and straightforward with one result: it would end an adoption and restore the original birth record if so requested. If the adoptee wants to annul the adoption and restore a birth record, that is a simple annulment, and should be easily accomplished through simplified court proceedings.

Other issues, such as inheritance rights, parental rights, citizenship if affected, should be considered as a separate part of an annulment or court proceeding, but only if needed and at the request of the adopted person. That is, if they want to restore additional rights or determine new legal relationships, then those requests may require additional proceedings and may at times involve notifying other people who would be affected by it. These would be the more complicated annulments, but it is up to the adopted person to raise these issues and pursue them if they choose to do so.

This is both an easy issue and a hard issue. It is easy because annulments of adoptions once existed for adopted people—while at the same time, for adoptive parents as I discussed in my prior video, annulments have almost always existed, even to this day, both formally and informally.

So it’s not a stretch to reestablish a right we once had—or at least should have today. It is time to work toward recognition of the full autonomy of adopted people and to support it as legal autonomy to be free of an unwanted adoption. Will it be something that most adopted people pursue? No, but it would be available to those who need it.

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Adoptee Rights Law Center

The Adoptee Rights Law Center PLLC is an adoptee-focused legal practice founded by Gregory Luce, a Minnesota lawyer and D.C.-born adoptee.

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

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Adoptee Rights Law Center PLLC
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Legal representation limited to issues involving Minnesota law and federal immigration law.

The OBC: Maps

US OBC Rights Placeholder
US OBC Rights
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. Full Details
Arizona. Adult adoptees do not have an unrestricted right to request and obtain a copy of their own original birth certificates. Arizona implemented a "donut hole" provision in a new law, effective January 1, 2022. It provides a right to some adoptees based on their dates of birth but denies the right to obtain the OBC to the vast majority of adoptees born in the state. Read more.
Arkansas. Beginning August 1, 2018, Arkansas law allows adult adoptees to request their adoption files. The request, however, is subject to a birthparent's ability to redact their names on the original birth certificates. This flow chart outlines how the law works. More information about the law and its requirements and discriminatory limitations is also 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 any original birth record. Read more.
Colorado. Adult adoptees 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. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 21 years of age or older may request their OBCs, birth parents may legally veto their release. Read more.
District of Columbia. Adult adoptees in the District of Columbia the do not have an unrestricted right to request and obtain 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. Read more.
Florida. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates. While adoptees may apply for 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. Full Details
Georgia. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates. A court order is required. Read more.
Hawaii. Hawaiian-born adoptees do not have an unrestricted right to obtain their own original birth certificates. Only people who are adopted in Hawaii can 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. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. 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. Read more.
Illinois. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a tiered date-based system and uses an adoption registry to facilitate release of OBCs. The date of birth of an adoptee determines who has unrestricted rights to an OBC or who may be subject to a birth parent’s request to redact identifying information on the OBC. Read more.
Indiana. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A new law, effective July 1, 2018, expands the release of specifically defined "identifying information," but a birth parent may prohibit release of that information at any time. Read more.
Iowa. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. Original birth records are subject to the right of birthparents to file redaction requests. Full Details
Kansas. While original birth certificates are sealed, adult adoptees in Kansas have always had an unrestricted right to request and obtain their own original birth certificates. Court records in adoption proceedings are also available to adoptees upon request. Read more.
Kentucky. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. A court order is required. Read more.
Louisiana. Adult adoptees do not have access to their own original birth certificates, except by court order. An adoptee must demonstrate “compelling reasons” for a court to order release of an original birth certificate. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Adoptees must be 18 years of age before requesting their OBCs. Maine also allows a birth parent to file a genuine contact preference and medical history form, which is attached to the original birth certificate. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state because there are so few current adult adoptees who may qualify under its compromised law, which applies only to adoptions finalized on or after January 1, 2000. Because adoptees must also be at least 21 years of age to request the OBC, the law effectively applies only to those adoptees who were older at the time and adopted on or after January 1, 2000. In addition, birthparents under the compromised law may at any time veto disclosure of birth records or identifying information. Adoptees whose adoptions were finalized before January 1, 2000, do not have a right to obtain their OBCs. It remains available only by court order. Read more.
Massachusetts. Not all adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Rather, adoptees born between July 17, 1974, and January 1, 2008, are denied access to their own OBCs, except by court order. Adoptees born on or before July 17, 1974, have unrestricted access to their own original birth certificates, as do those born after January 1, 2008 (upon reaching the age of 18). 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 an adoptee’s date of birth, a parent may deny access to identifying information or withhold access by saying nothing. In either case, no identifying information may be released to the adoptee, except by court order. Read more.
Minnesota. The right of adult adopted people to obtain their own original birth certificate is complex and based primarily on the date of adoption. Generally, it requires the affirmative written consent of any birthparents and the state uses a complex, confidential, and often expensive intermediary system involving the department of health, the department of human services, and individual adoption agencies. Read more.
Mississippi. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order. Read more.
Missouri. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes that may extend beyond the death of the parent. Read more.
Montana. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a somewhat complex tiered system that depends upon an adoptee’s date of adoption. While an original birth certificate may be available more easily to adoptees who are 30 years of age or older, court orders may be required for younger adoptees and in all cases where a birth parent requests that a court order be required. Read more.
Nebraska. Adult adoptees do not have an unrestricted right to request and obtain the original birth certificate. Nebraska law is remarkably complex and confusing. Generally, any right to obtain the OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and sometimes an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
Nevada. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. It requires a court order. 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 its current law, effective on January 1, 2017, provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most adult adoptees now have a right to obtain their own original birth certificates, approximately 550 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 550 adult adoptees have no do not have the right to an unredacted original birth certificate except through securing a court order. Read more.
New Mexico. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. Good cause is required through a court order. Read more.
New York. Adult adopted persons and their descendants have an unrestricted right to request and obtain the adoptee's original birth certificate, without discriminatory restrictions. The law, which overturned 83 years of iron-clad secrecy, became effective January 15, 2020. Read more.
North Carolina. Adult adoptees do not have unrestricted access to their own original birth certificates. A court order is required for the release of any identifying information, including an OBC. An OBC must be specifically requested in any court action that seeks the release of identifying information. Read more.
North Dakota. Adult adoptees do not have access to their own original birth certificates, except by court order. Read more.
Ohio. Not all adoptees in Ohio have unrestricted access to their own original birth certificates. While legislative reforms removed some restrictions in 2013, significant legal restrictions remain, including birth parent redaction and disclosure vetoes. Read more.
Oklahoma. Adult adoptees do not have unrestricted access to their original birth certificates. Currently, nearly all adult adoptees must obtain a court order and show good cause for release. While adoptees 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. Adoptees who are at least 21 years of age have an unrestricted right to access their original birth certificates. A birth parent may file a contact preference form but it has no effect or restriction on the right of adult adoptees to receive their OBCs. Oregon law also allows adoptees access to specific records in the court adoption proceedings. Read more.
Pennsylvania. A new law, now effective, allows adoptees who are at least 18 years of age—and who must be high school graduates, possess a GED, or are withdrawn legally from school— to request their original birth record. 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 adoptees have an unrestricted right to request and obtain their own original birth certificates at age 18. Birth parents may file a contact preference form, which has no effect on the release of an OBC. Read more.
South Carolina. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. A court order is required. Read more.
South Dakota. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates except by court order. Nevertheless, upon "maturity" an adoptee may petition the court for release of the adoptee'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 “adoption records,” which should 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. Tennessee also criminalizes contact with birth parents who have registered with a contact veto registry. Read more.
Texas. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. With one exception, release of the OBC requires a court order. Adoptees 18 years of age or older who also know the identities of their birth parents, however, may obtain a non-certified copy of their OBC without the need for a court order. 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 OBCs, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
Vermont. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC may be obtained through a probate court order or by adoptees who are at least 18 years of age and who have already obtained identifying information through Vermont’s Adoption Registry. Read more.
Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. Release of an OBC 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. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. Wisconsin requires either court order or participation in a consent-based "Adoption Records Search Program." 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.
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. Full Details
Arizona. Adult adoptees do not have an unrestricted right to request and obtain a copy of their own original birth certificates. Arizona implemented a "donut hole" provision in a new law, effective January 1, 2022. It provides a right to some adoptees based on their dates of birth but denies the right to obtain the OBC to the vast majority of adoptees born in the state. Read more.
Arkansas. Beginning August 1, 2018, Arkansas law allows adult adoptees to request their adoption files. The request, however, is subject to a birthparent's ability to redact their names on the original birth certificates. This flow chart outlines how the law works. More information about the law and its requirements and discriminatory limitations is also 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 any original birth record. Read more.
Colorado. Adult adoptees 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. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 21 years of age or older may request their OBCs, birth parents may legally veto their release. Read more.
District of Columbia. Adult adoptees in the District of Columbia the do not have an unrestricted right to request and obtain 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. Read more.
Florida. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates. While adoptees may apply for 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. Full Details
Georgia. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates. A court order is required. Read more.
Hawaii. Hawaiian-born adoptees do not have an unrestricted right to obtain their own original birth certificates. Only people who are adopted in Hawaii can 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. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. 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. Read more.
Illinois. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a tiered date-based system and uses an adoption registry to facilitate release of OBCs. The date of birth of an adoptee determines who has unrestricted rights to an OBC or who may be subject to a birth parent’s request to redact identifying information on the OBC. Read more.
Indiana. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A new law, effective July 1, 2018, expands the release of specifically defined "identifying information," but a birth parent may prohibit release of that information at any time. Read more.
Iowa. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. Original birth records are subject to the right of birthparents to file redaction requests. Full Details
Kansas. While original birth certificates are sealed, adult adoptees in Kansas have always had an unrestricted right to request and obtain their own original birth certificates. Court records in adoption proceedings are also available to adoptees upon request. Read more.
Kentucky. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. A court order is required. Read more.
Louisiana. Adult adoptees do not have access to their own original birth certificates, except by court order. An adoptee must demonstrate “compelling reasons” for a court to order release of an original birth certificate. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Adoptees must be 18 years of age before requesting their OBCs. Maine also allows a birth parent to file a genuine contact preference and medical history form, which is attached to the original birth certificate. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state because there are so few current adult adoptees who may qualify under its compromised law, which applies only to adoptions finalized on or after January 1, 2000. Because adoptees must also be at least 21 years of age to request the OBC, the law effectively applies only to those adoptees who were older at the time and adopted on or after January 1, 2000. In addition, birthparents under the compromised law may at any time veto disclosure of birth records or identifying information. Adoptees whose adoptions were finalized before January 1, 2000, do not have a right to obtain their OBCs. It remains available only by court order. Read more.
Massachusetts. Not all adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Rather, adoptees born between July 17, 1974, and January 1, 2008, are denied access to their own OBCs, except by court order. Adoptees born on or before July 17, 1974, have unrestricted access to their own original birth certificates, as do those born after January 1, 2008 (upon reaching the age of 18). 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 an adoptee’s date of birth, a parent may deny access to identifying information or withhold access by saying nothing. In either case, no identifying information may be released to the adoptee, except by court order. Read more.
Minnesota. The right of adult adopted people to obtain their own original birth certificate is complex and based primarily on the date of adoption. Generally, it requires the affirmative written consent of any birthparents and the state uses a complex, confidential, and often expensive intermediary system involving the department of health, the department of human services, and individual adoption agencies. Read more.
Mississippi. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order. Read more.
Missouri. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes that may extend beyond the death of the parent. Read more.
Montana. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a somewhat complex tiered system that depends upon an adoptee’s date of adoption. While an original birth certificate may be available more easily to adoptees who are 30 years of age or older, court orders may be required for younger adoptees and in all cases where a birth parent requests that a court order be required. Read more.
Nebraska. Adult adoptees do not have an unrestricted right to request and obtain the original birth certificate. Nebraska law is remarkably complex and confusing. Generally, any right to obtain the OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and sometimes an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
Nevada. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. It requires a court order. 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 its current law, effective on January 1, 2017, provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most adult adoptees now have a right to obtain their own original birth certificates, approximately 550 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 550 adult adoptees have no do not have the right to an unredacted original birth certificate except through securing a court order. Read more.
New Mexico. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. Good cause is required through a court order. Read more.
New York. Adult adopted persons and their descendants have an unrestricted right to request and obtain the adoptee's original birth certificate, without discriminatory restrictions. The law, which overturned 83 years of iron-clad secrecy, became effective January 15, 2020. Read more.
North Carolina. Adult adoptees do not have unrestricted access to their own original birth certificates. A court order is required for the release of any identifying information, including an OBC. An OBC must be specifically requested in any court action that seeks the release of identifying information. Read more.
North Dakota. Adult adoptees do not have access to their own original birth certificates, except by court order. Read more.
Ohio. Not all adoptees in Ohio have unrestricted access to their own original birth certificates. While legislative reforms removed some restrictions in 2013, significant legal restrictions remain, including birth parent redaction and disclosure vetoes. Read more.
Oklahoma. Adult adoptees do not have unrestricted access to their original birth certificates. Currently, nearly all adult adoptees must obtain a court order and show good cause for release. While adoptees 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. Adoptees who are at least 21 years of age have an unrestricted right to access their original birth certificates. A birth parent may file a contact preference form but it has no effect or restriction on the right of adult adoptees to receive their OBCs. Oregon law also allows adoptees access to specific records in the court adoption proceedings. Read more.
Pennsylvania. A new law, now effective, allows adoptees who are at least 18 years of age—and who must be high school graduates, possess a GED, or are withdrawn legally from school— to request their original birth record. 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 adoptees have an unrestricted right to request and obtain their own original birth certificates at age 18. Birth parents may file a contact preference form, which has no effect on the release of an OBC. Read more.
South Carolina. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. A court order is required. Read more.
South Dakota. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates except by court order. Nevertheless, upon "maturity" an adoptee may petition the court for release of the adoptee'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 “adoption records,” which should 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. Tennessee also criminalizes contact with birth parents who have registered with a contact veto registry. Read more.
Texas. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. With one exception, release of the OBC requires a court order. Adoptees 18 years of age or older who also know the identities of their birth parents, however, may obtain a non-certified copy of their OBC without the need for a court order. 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 OBCs, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
Vermont. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC may be obtained through a probate court order or by adoptees who are at least 18 years of age and who have already obtained identifying information through Vermont’s Adoption Registry. Read more.
Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. Release of an OBC 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. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. Wisconsin requires either court order or participation in a consent-based "Adoption Records Search Program." 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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The OBC: Numbers

10unrestricted
24compromised
17restricted
51View All

Legislative Tracking

I also monitor federal legislation related to intercountry adoptees.

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