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Citizenship and Immigration Issues for Intercountry Adopted People: FAQ

Questions and answers related to immigration and citizenship, as well as answers to questions raised during a Question and Answer session on December 3, 2024.

What’s the difference between a US passport and a Certificate of Citizenship?

There are two primary differences: 1) a US passport may be used to travel internationally, while a Certificate of Citizenship cannot be used as an accepted travel document; and 2) the Department of State issues US passports, while the US Citizenship and Immigration Service (USCIS) issues Certificates of Citizenship. Apart from these primary differences, a US passport, a Certificate Citizenship, and a Certificate of Naturalization are all legal evidence of US citizenship.

Other differences exist that are unrelated to US citizenship but make US passports less permanent than Certificates of Citizenship, most notably that US passports must be renewed. A Certificate of Citizenship is permanent and does not need to be renewed. In addition, the Department of State can revoke or refuse to issue a US passport for various reasons, including seriously delinquent taxes, child support arrears greater than $2,500, upon request by law enforcement officials in certain cases, or for reasons related to child trafficking. The USCIS, however, generally cannot revoke a Certificate of Citizenship unless there are extraordinary circumstances, essentially fraud in obtaining the certificate.

I have a Certificate of Naturalization. Should I also get a Certificate of Citizenship?

Nope, you cannot have both. You can only be issued one of these certificates, as they each require different processes and different legal requirements for issuance.

What’s the difference between a Certificate of Citizenship and a Certificate of Naturalization?

While both documents are legal proof of US citizenship, a person obtains one or the other certificate based on very different circumstances.

The USCIS issues a Certificate of Citizenship to people who “derive” US citizenship through a US citizen or naturalized parent, whether that parent is a biological parent or an adoptive parent. The requirements to derive US citizenship through a US citizen parent vary, but in the context of an intercountry adopted person, it generally requires three things:

  1. Admission to the United States as a legal permanent resident (i.e., received a “green card”);
  2. Full and final adoption by at least one US citizen parent, whether that occurred in the country of origin or in the United States;
  3. Resided in the legal and physical custody of the adoptive parent(s) for at least two years.

Each of these must occur before the adopted person is 18 years of age, though they can occur in any order. That said, an intercountry adopted person who was born on or before February 27, 1983, does not qualify for derivative citizenship through a US citizen parent. They were too old when the current law (the Child Citizenship Act of 2000) went into effect. Unless they have already naturalized, their only option today as adults is to complete the naturalization process. This is the reason advocates continue to push Congress to enact the Adoptee Citizenship Act, which would remove the discriminatory age-based loophole in the law and provide derivative citizenship to all intercountry adopted people.

A Certificate of Naturalization is more difficult to obtain and requires a person to immigrate legally to the United States and to reside in the US for at least three years (if married to a US citizen) or five years (without relying on marriage to a US citizen) before applying to become a US citizen. In the application for naturalization, the person must show that they immigrated lawfully to the United States and that they do not have any circumstances disqualifying them from becoming a citizen. The disqualifying factors in US law are lengthy, but the more common possible disqualifying factors for intercountry adoptees include 1) a prior criminal conviction; or 2) a false claim of US citizenship; or 3) having voted in a federal election while knowing they were not a US citizen. In addition, an applicant for naturalization must demonstrate good moral character (GMC), pass civics and English language tests, and complete an interview with an immigration officer.

What do you recommend that I have for documentation of US citizenship?

If possible, I recommend that every intercountry adopted person have three core documents:

  1. A US Passport book;
  2. A US Passport card;
  3. Either a Certificate of Citizenship or a Certificate of Naturalization

We recommend having a passport card because it can be easily carried with you and can be used whenever you need it for proof of US citizenship. You can then keep your

Are there other important documents I should have available?

Yes, in addition to the three documents listed above, I recommend obtaining the following documents in case you ever need them (a checklist of these documents, with explanations, is here):

  • Full and final adoption decree (a certified copy if it is a state-issued adoption decree)
  • Any available birth record from your country of birth, translated into English
  • Optional: A certified copy of a US state-issued “certificate of foreign birth” (not all intercountry adoptees have this)
  • Certified copies of your parents’ birth records
  • A certified copy of your parents’ marriage certificate, if applicable
  • A photocopy of your US passport page with picture and demographic information
  • A school transcript, enrollment document, or other document that demonstrates you were in the legal and physical custody of your adoptive parents for at least two years prior to the age of 18. 

In general, these are the basic documents that are necessary to apply for a Certificate of Citizenship or to naturalize. Again, I recommend that you have them available in case you need them. If you don’t have them today, do not worry or panic. Work to get  them so that you have them available if they are ever needed. FWIW, copies of many of these documents are in your “Alien File” and can be requested from the USCIS through a Freedom of Information Act (FOIA) request (see below).

I only have a passport book and not a passport card. Should I apply for a passport card?

I recommend having both the US passport book and the card, but I also understand it creates anxiety when, in many cases, you must send your passport book to the Department of State when you apply for a separate passport card. If that’s too hard to do, don’t worry. Having a US passport book is sufficient. But keep an eye out for new passport application processes. The Department of State recently added an online application option to renew passports (and to request a passport card at the same time) without having to send in your passport book.

I cannot find my Certificate of Citizenship but I have a photocopy of it. Is the photocopy good enough for proof of my US citizenship?

It may work in a pinch, depending on who has asked for proof of your US citizenship. But a photocopy of a Certificate of Citizenship (or a Certificate of Naturalization), may not be sufficient proof of US citizenship for some government offices or for use in obtaining identity documents, such as US passports, state-issued identification, or some employment authorization. If you currently have an unexpired US passport but do not have a Certificate of Citizenship or a Certificate of Naturalization, the US passport will be sufficient evidence of US citizenship. But if you’ve lost your Certificate of Citizenship or Certificate of Naturalization, we recommend you obtain a replacement certificate sooner than later.

I came to the United States as an intercountry adoptee in 1999 but I did not receive a Certificate of Citizenship. Some adoptees from my same country of birth have told me their parents got Certificates of Citizenship in the mail for them and they did not need to apply for it. Is that true? And why would some people need to apply for a Certificate of Citizenship while others do not need to do so?

This is a fairly technical answer, but it relates to the type of immigrant or “orphan” visa that a person used to enter the United States, in addition to the date of entry/arrival in the United States.

Beginning on January 1, 2004, the USCIS began mailing Certificates of Citizenship to eligible adopted children (or their parents) who entered the United States on an IR-3 visa. They did so without the need for a separate N-600 application. The USCIS, however, did not issue certificates retroactively to adoptees who entered the country prior to January 1, 2004, and thus did not issue certificates of citizenship automatically to adopted children who acquired citizenship before January 1, 2004. Thus, if you were under 18 years of age as of February 27, 2001—and entered the country on an IR-3 visa before January 1, 2004—you will likely need to apply for a Certificate of Citizenship, unless your adoptive parents already did so while you were a child.

How do I know if I have a Certificate of Citizenship or a Certificate of Naturalization?

Assuming you or your parents do not have a copy of one of these documents, you should request your immigration records (or “A File”) through a Freedom of Information Act (FOIA) request. If USCIS issued a Certificate of Citizenship or a Certificate of Naturalization, a copy of it will be in the file. If one is in the file but you need a replacement (that is, you do not have a certificate with the official government seal or stamp), apply to USCIS for a replacement certificate.

What is an “Alien File” (or “A File”) and why do I need it?

If you immigrated to the United States with one of the “orphan visas” typically used for intercountry adopted people, US immigration authorities created an Alien File, or “A File” for you. Under immigration law, “alien” means a person who is “not a citizen or national of the United States,” and an A File is that person’s immigration file. The A File typically contains the documents related to the person or family members’ immigration the US as well as copies of USCIS decisions and correspondence (e.g., a copy of the Certificate of Naturalization). 

How can I get a copy of my A File?

You can request your entire A File from USCIS using the Freedom of Information Act (FOIA). Requests can be done online, by email, or on paper, though the online system is the fastest and most reliable option. The resource “How to Get Your Own Immigration Records,” which is below, walks you through how to request your own Alien File.

Will I be reported to USCIS or immigration enforcement if I request my A File?

Generally no, but if you are worried about being reported or “flagged” by one of the immigration enforcement agencies, consult an attorney to discuss those concerns. For nearly all intercountry adoptees, requesting your own A file will not “flag” you or trigger a negative immigration action.

Can you explain some of the different form numbers that are used in various situations?

Sure. Here’s a general list and links to the forms that are used in most situations involving intercountry adopted people, depending on the legal status and circumstances of the person’s immigration and adoption.

You can also find the complete fee schedule here.

  • I-90. Application to Replace Permanent Resident Card (Green Card). Used to renew or replace an expired or lost green card (known more formally as a permanent resident card). Filing fee: generally $415 if filed online. Fee waiver available? Yes.
  • N-400. Application for Naturalization. Used to become a US citizen through naturalization. Filing fee: $710 if filed online. Fee waiver available? Yes.
  • N-600. Application for Certificate of Citizenship. Used if you acquired citizenship through your parents and need a Certificate of Citizenship to prove your citizenship. Filing fee: $0.00 if filed online by an adult intercountry adopted person. 
  • N-565. Application for Replacement Naturalization/Citizenship Document. Used to apply for a new (replacement) Certificate of Naturalization or Certificate of Citizenship. Filing fee: $505 if filed online. Fee waiver available? Yes.
  • I-912. Request for Fee Waiver. Used to apply for the waiver of fees that are normally due for most immigration forms. No filing fee required but must accompany an immigration application and cannot be filed online.
What is the Child Citizenship Act of 2000 and what does it do (or not do) for intercountry adopted people?

Here’s a good FAQ about the Child Citizenship Act as well as the Adoptee Citizenship Act, which aims to correct a loophole in the law.

What does it mean to be “denaturalized?”

Denaturalization is a civil or criminal proceeding that strips US citizenship from naturalized US citizens. It applies only to naturalized US citizens: except in very rare cases could it apply to intercountry adoptees who derived citizenship through their adoptive parents (i.e., those with Certificates of Citizenship).

Denaturalization can be pursued in a civil case if a naturalized US citizen:

  1. illegally obtained naturalization;
  2. concealed or willfully misrepresented a material fact during naturalization proceedings to obtain citizenship;
  3. became a member of or affiliated with a member of the Communist party, other totalitarian party, or terrorist organization within five years of being naturalized;
  4. secured citizenship through military service and was later discharged under other than honorable conditions; or
  5. secured citizenship through a parent or spouse who was later denaturalized

The standard of proof for any of these reasons is high: the government must prove its case by clear, convincing, and unequivocal evidence, and it must be decided in federal district court. As such, each denaturalization case requires an immense amount of federal resources.

The government could also denaturalize a US citizen if the citizen was found guilty of the crime of  illegally procuring naturalization if it can prove beyond a reasonable doubt that the person knowingly procured or attempted to procure naturalization in an unlawful manner. Unlike civil denaturalization, criminal denaturalization has a ten year statute of limitation.

Should I worry about being denaturalized?

This is a tough question, not because of the incredibly slim possibility that intercountry adoptees will be denaturalized, but because the fear of denaturalization is real and it is intended to instill fear in anyone who is seen or defined as an immigrant. It also hits at the very foundation of what it means to be safe and secure in your own country and community. In general, though, the likelihood of an intercountry adopted person being “denaturalized” is extremely low.

First, the resources the US government must use to denaturalize a person are immense, requiring not only the identification and investigation of individuals who may have committed immigration fraud (the most common reason for denaturalization) but also requiring the filing of a federal district court case to prove to the court that the person should be denaturalized. Given far greater immigration enforcement priorities of the incoming administration (or any administration), denaturalizing intercountry adopted people is far down that list, if even making it to a list. Again, though, the fear is real and must be acknowledged. Ultimately, the politically chartged effort to denaturalize US citizens will discourage people from naturalizing, further inflame anti-immigrant actions, and lead to ongoing community-wide fear.

What is USCIS?

USCIS is the United States Citizenship and Immigration Services. It is the primary agency responsible for managing immigration to the United States, including approval of US citizenship through naturalization or issuance of a Certificate of Citizenship. It is housed within the Department of Homeland Security. Prior to March 1, 2003, USCIS was known as the Immigration and Naturalization Service (INS).

Is there a glossary of immigration terms somewhere?

Yes. The USCIS has a long list of terms that it uses. It is available here. We are also developing a glossary specific to immigration and citizenship for intercountry adopted people.

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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

  • Dear Parents of Intercountry Adoptees: Do These Two Things Today
  • USCIS Is Withholding My Clients’ Immigration Records at an Alarming Rate
  • Name Changes and an N-565
  • Q&A: US Citizenship and Immigration Issues for Intercountry Adoptees
  • Thank You! Funds Raised for a Filing Fee for Intercountry Adoptee

Contact Info

Adoptee Rights Law Center PLLC
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. All Minnesota-born adult adopted people have a right obtain a copy of their own original birth records. This also applies to the spouse, children, and grandchildren of the adopted person if the person is deceased. Read more.
Mississippi. Mississippi-born adult adopted people do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order to obtain the record. Read more.
Missouri. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes, some of which may extend beyond the death of the parent. Read more.
Montana. Montana maintains a somewhat complex tiered system that uses an adoptee’s date of adoption as the determinant of whether an adopted person may obtain their own original birth certificate. While an original birth certificate may be available more easily to adoptees who are at least 30 years of age, court orders may be required for younger adoptees. In all cases, if a birthparent requests that a court order be required, the OBC will not be released without a court order. Read more.
Nebraska. Nebraska law is incredibly complex and confusing. Generally, any right of a Nebraska-born adult adopted person to obtain a copy of their own OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and in some cases an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
Nevada. Nevada-born adult adopted people must secure a court order to obtain a copy of their own original birth certificate. Read more.
New Hampshire. Adoptees who are at least 18 years of age have an unrestricted right to request and obtain their own original birth certificates. The state also allows birth parents to file a contact preference form and/or health history questionnaire, neither of which will restrict the right of adult adoptees to obtain their OBCs. Read more.
New Jersey is best described as a "limited time redaction" state, as the law in 2016 provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most New Jersey-born adult adopted people now have a right to obtain their own original birth certificates, approximately 560 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 560 adoptees have no right to obtain an unredacted original birth certificate except through a court order. Read more.
New Mexico. A New Mexico-born adult adopted person must demonstrate good cause to convince a court to release a copy of the adoptee's own original birth certificate. Read more.
New York. Since 2020, adult adopted persons and their descendants have an unrestricted right to request and obtain a certified copy of the adopted person's own original birth certificate. Read more.
North Carolina. A court order is required for the release of any identifying information, including an OBC. A North Carolina-born adult adopted person must specifically request the OBC in a court action that seeks the release of identifying information. Read more.
North Dakota. Adult adopted people who were born in North Dakota do not have a right to request and obtain a copy of their own original birth certificates. It takes a court order to release it. Read more.
Ohio. Not all Ohip-born adult adopted people are treated equally. While legislative reforms in the last decade removed a number of discriminatory provisions, significant restrictions remain, including birthparent redaction and disclosure vetoes. Read more.
Oklahoma. Currently, nearly all Oklahoma-born adult adopted must obtain a court order and show good cause for release of the OBC. While Oklahoma-born adopted people whose adoptions were finalized after November 1, 1997, do not require a court order, requests for such OBCs are subject to birth parent disclosure vetoes and redaction. Read more.
Oregon. Oregon-born adopted people who are at least 21 years of age have an unrestricted right to obtain a copy of their own original birth certificates. Oregon law also allows adoptees at age 18 to obtain specific records in the court adoption proceedings. Read more.
Pennsylvania. Pennsylvania-born adopted people who are at least 18 years of age—and who must be high school graduates, possess a GED, or are legally withdrawn from school— may request "summary information" from their original birth record (but not a copy of the original record itself). Birthparents, however may redact identifying information on the OBC by filing a “name redaction request.” Redaction requests may be filed or withdrawn at any time and do not extend beyond a filing parent’s death. Read more.
Rhode Island. Adult adopted people and their descendants have an unrestricted right to request and obtain the adopted person's own original birth certificate at age 18. Read more.
South Carolina. South Carolina-born adult adopted people must either obtain a court order or birthparent permission to obtain an unredacted original birth record. Read more.
South Dakota. South Dakota-born adult adopted people have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department or from the local register of deeds. In July 2023, South Dakota became the fourteenth state to affirm or restore such a right. Read more.
Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their own “adoption records,” which typically include original birth certificates. The only exception to this right is for an adult adoptee whose birth parent was a victim of rape or incest—in such cases the written consent of the birth parent is required for release of records. Read more.
Texas. Release of the OBC to a Texas-born adult adopted person requires a court order, with one significant exception: adoptees who are at least 18 years of age and who know the names of their birthparents listed on the record may obtain a non-certified copy of their own original birth certificate upon request. Read more.
Utah. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 18 years of age or older may request their birth records, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
Vermont. Vermont-born adult adopted people and their descendants have an unrestricted right to request and obtain a copy of the adopted person's own original birth certificate directly from the state's vital records department. In July 2023, Vermont became the thirteenth state to affirm or restore such a right. Read more.
Virginia. Release of an OBC to a Virginia-born adult adopted person requires either a) a state agency’s decision, upon good cause shown, to release identifying information from the adoption records; or b) a court order upon good cause shown. Read more.
Washington. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC is available through the Department of Health but release is subject to birth parent disclosure vetoes as well as to corrupt contact preference forms that allow birthparents to deny release of the OBC. Disclosure vetoes and contact preference forms expire on the death of the birth parent. Read more.
West Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A court order, requiring good cause, is required before the release of an OBC. Read more.

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

Wyoming. Adult adoptees do not have an unrestricted right to obtain their original birth certificates. It takes a court order for release of an OBC, with no specific standards or procedures outlined in seeking such an order. Read more.
US OBC Rights 2024 Placeholder
US OBC Rights 2024
Alabama. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates, beginning at age 19. Read more.
Alaska. Adult adoptees have an unrestricted right to request and obtain their original birth certificates, beginning at age 18. Read More.
Arizona. Arizona implemented a "donut hole" provision in a new law, which became effective on January 1, 2022. It allows only some adoptees to request the OBC--- based on their date of birth---but denies the right to obtain the OBC to the vast majority of Arizona-born adopted people. Read more.
Arkansas.While Arkansas law allows adult adoptees to request their adoption files, the request is subject to a birthparent's ability to redact their names on the original birth certificates. A FAQ with information about the law and its requirements and discriminatory limitations is here.
California. Adult adoptees do not have a right to request and obtain their own original birth certificates, except by court order. Adoptees must petition the court and show “good and compelling cause” in order to obtain a copy of their own original birth record. Read more.
Colorado. Colorado-born adult adopted people have a right to request and obtain their own original birth certificates. An adopted person who is at least 18 years of age may apply for and receive a non-certified copy of their original birth certificate through the Colorado Department of Health and Environment. Read more.
Connecticut. Connecticut-born adult adopted people have an unrestricted right to request and obtain their own original birth certificates. The right also extends to the adult children and grandchildren of the adopted person. Read more.
Delaware. While Delaware-born adopted people who are at least 21 years of age may request a copy of their OBCs, birthparents may legally veto their release, otherwise known as a "disclosure veto." Read more.
District of Columbia. District of Columbia courts control all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. A court order is required and, depending on the date of adoption, may involve federal court or the D.C. Superior Court. Read more.
Florida. While Florida-born adult adopted people may apply for a copy of the original birth record, it takes signed affidavits of consent from birthparents---or death certificates showing that birthparents are deceased---to compel release of the OBC. Otherwise, release is allowed only by court order. Read More.
Georgia. Georgia-born adult adopted people must secure a court order to obtain a copy of their original birth certificates. Read more.
Hawaii. Adopted people born born in Hawaii do not have an unrestricted right to obtain their own original birth certificates. People adopted in Hawaii may request and obtain their court adoption records, which may include an original birth certificate. The law does not apply to people born in Hawaii but adopted in a different state. Read more.
Idaho. An OBC is available only by court order or conditionally through a state-operated “voluntary adoption registry.” Disclosure of an original birth certificate through the registry is subject to consent of the parties and may require the consent of both birth parents. Additional rights through the registry are available to people adopted on or after July 1, 2022, but those adoptees must also be at least 18 years of age. Read more.
Illinois. The state has implemented a complex tiered date-based system to request and obtain a birth record, using the adoption registry to facilitate release of OBCs and other information. The date of birth of an Illinois-born adopted person determines who has a right to an OBC or who may be subject to a birthparent’s request to redact identifying information on the OBC. Read more.
Indiana. The state has a complex and discriminatory framework that may allow release of specifically defined "identifying information," but a birthparent may prohibit release of that information at any time, even after the parent's death. Read more.
Iowa. While Iowa-born adopted peoole who are at least 18 years of age may apply for a copy of their own original birth certificates, release of the record is subject birthparent redaction requests. Read More.
Kansas. While original birth certificates may be sealed after an adoption, Kansas-born adult adoptees who are at least 18 years of age have always had an unrestricted right to request and obtain their own original birth certificates. Read more.
Kentucky. A court order is required for an Kentucky-born adult adopted person to secure a copy of their own original birth certificate. Read more.
Louisiana. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain a copy of their own original birth certificates. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Maine-born adopted people must be at least 18 years of age before requesting the OBC. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state: there are so few current Maryland-born adult adopted  people who may qualify under its law, which gives preference to adoptions finalized on or after January 1, 2000. Because the adopted person must also be at least 21 years of age to request the OBC under the date-based qualification, the law effectively applies only to those adopted people who are recently turning 21 (or were older at the time of their adoption). In addition, birthparents under current law may at any time veto disclosure of birth records or identifying information. Maryland-born adopted people whose adoptions were finalized before January 1, 2000, must secure a court order to obtain a copy of their own original birth records. Read more.
Massachusetts. The Bay State in 2022 became the 12th state in the U.S. to affirm or restore the right of all Massachusetts-born adult adopted people to request and obtain a copy of their own original birth certificates. Read more.
Michigan. Michigan requires the use of a “Central Adoption Registry” to process information and to determine whether an adoptee should or should not get “identifying information,” which does not initially include an original birth certificate. Depending on the date of terminatuion of a birthparent's parent rights, a birthparent may deny access to identifying information or withhold access by saying nothing. In most cases (those in the donut hole years) no identifying information---or the OBC---may be released to the adoptee, except by court order or if the birthparent is deceased. Read more.
Minnesota. All Minnesota-born adult adopted people have a right obtain a copy of their own original birth records. This also applies to the spouse, children, and grandchildren of the adopted person if the person is deceased. Read more.
Mississippi. Mississippi-born adult adopted people do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order to obtain the record. Read more.
Missouri. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes, some of which may extend beyond the death of the parent. Read more.
Montana. Montana maintains a somewhat complex tiered system that uses an adoptee’s date of adoption as the determinant of whether an adopted person may obtain their own original birth certificate. While an original birth certificate may be available more easily to adoptees who are at least 30 years of age, court orders may be required for younger adoptees. In all cases, if a birthparent requests that a court order be required, the OBC will not be released without a court order. Read more.
Nebraska. Nebraska law is incredibly complex and confusing. Generally, any right of a Nebraska-born adult adopted person to obtain a copy of their own OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and in some cases an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
Nevada. Nevada-born adult adopted people must secure a court order to obtain a copy of their own original birth certificate. Read more.
New Hampshire. Adoptees who are at least 18 years of age have an unrestricted right to request and obtain their own original birth certificates. The state also allows birth parents to file a contact preference form and/or health history questionnaire, neither of which will restrict the right of adult adoptees to obtain their OBCs. Read more.
New Jersey is best described as a "limited time redaction" state, as the law in 2016 provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most New Jersey-born adult adopted people now have a right to obtain their own original birth certificates, approximately 560 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 560 adoptees have no right to obtain an unredacted original birth certificate except through a court order. Read more.
New Mexico. A New Mexico-born adult adopted person must demonstrate good cause to convince a court to release a copy of the adoptee's own original birth certificate. Read more.
New York. Since 2020, adult adopted persons and their descendants have an unrestricted right to request and obtain a certified copy of the adopted person's own original birth certificate. Read more.
North Carolina. A court order is required for the release of any identifying information, including an OBC. A North Carolina-born adult adopted person must specifically request the OBC in a court action that seeks the release of identifying information. Read more.
North Dakota. Adult adopted people who were born in North Dakota do not have a right to request and obtain a copy of their own original birth certificates. It takes a court order to release it. Read more.
Ohio. Not all Ohip-born adult adopted people are treated equally. While legislative reforms in the last decade removed a number of discriminatory provisions, significant restrictions remain, including birthparent redaction and disclosure vetoes. Read more.
Oklahoma. Currently, nearly all Oklahoma-born adult adopted must obtain a court order and show good cause for release of the OBC. While Oklahoma-born adopted people whose adoptions were finalized after November 1, 1997, do not require a court order, requests for such OBCs are subject to birth parent disclosure vetoes and redaction. Read more.
Oregon. Oregon-born adopted people who are at least 21 years of age have an unrestricted right to obtain a copy of their own original birth certificates. Oregon law also allows adoptees at age 18 to obtain specific records in the court adoption proceedings. Read more.
Pennsylvania. Pennsylvania-born adopted people who are at least 18 years of age—and who must be high school graduates, possess a GED, or are legally withdrawn from school— may request "summary information" from their original birth record (but not a copy of the original record itself). Birthparents, however may redact identifying information on the OBC by filing a “name redaction request.” Redaction requests may be filed or withdrawn at any time and do not extend beyond a filing parent’s death. Read more.
Rhode Island. Adult adopted people and their descendants have an unrestricted right to request and obtain the adopted person's own original birth certificate at age 18. Read more.
South Carolina. South Carolina-born adult adopted people must either obtain a court order or birthparent permission to obtain an unredacted original birth record. Read more.
South Dakota. South Dakota-born adult adopted people have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department or from the local register of deeds. In July 2023, South Dakota became the fourteenth state to affirm or restore such a right. Read more.
Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their own “adoption records,” which typically include original birth certificates. The only exception to this right is for an adult adoptee whose birth parent was a victim of rape or incest—in such cases the written consent of the birth parent is required for release of records. Read more.
Texas. Release of the OBC to a Texas-born adult adopted person requires a court order, with one significant exception: adoptees who are at least 18 years of age and who know the names of their birthparents listed on the record may obtain a non-certified copy of their own original birth certificate upon request. Read more.
Utah. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 18 years of age or older may request their birth records, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
Vermont. Vermont-born adult adopted people and their descendants have an unrestricted right to request and obtain a copy of the adopted person's own original birth certificate directly from the state's vital records department. In July 2023, Vermont became the thirteenth state to affirm or restore such a right. Read more.
Virginia. Release of an OBC to a Virginia-born adult adopted person requires either a) a state agency’s decision, upon good cause shown, to release identifying information from the adoption records; or b) a court order upon good cause shown. Read more.
Washington. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC is available through the Department of Health but release is subject to birth parent disclosure vetoes as well as to corrupt contact preference forms that allow birthparents to deny release of the OBC. Disclosure vetoes and contact preference forms expire on the death of the birth parent. Read more.
West Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A court order, requiring good cause, is required before the release of an OBC. Read more.

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

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

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OBC: State Status & Numbers

15 UNRESTRICTED
19 COMPROMISED
17 RESTRICTED
51 VIEW ALL
What do these mean? Some maps and an explanation.</>

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