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FAQ: U.S. Citizenship for Intercountry Adoptees

Last updated on February 12, 2023

Questions and answers about US citizenship for intercountry adoptees, including how Congress could fix the problem.

Is this information up to date?

Yes. But keep in mind that, when I talk about the Adoptee Citizenship Act, it currently refers to bills that have been introduced in the past to fix the problem of intercountry adoptees who are without US citizenship. The Adoptee Citizenship Act has not yet been reintroduced in the current Congress, and it’s not fully known if it will be.

What’s the current law and what’s wrong with it?

The Child Citizenship Act of 2000 (known as the “CCA”) generally controls whether or not an intercountry adoptee to the United State automatically acquires U.S. citizenship. The CCA went into effect on February 27, 2001, and it ensured automatic citizenship to intercountry adoptees who were fully and finally adopted—but only if they were younger than 18 years of age at the time of the law’s effective date. That is, an intercountry adoptee who was 18 years of age on February 27, 2001, is excluded from the law and has not been eligible for automatic U.S. citizenship under current law. Thousands of intercountry adoptees—most of whom were born before 1983—did not then and still do not qualify today for automatic U.S. citizenship. Many may still lack U.S. citizenship today, and some intercountry adoptees may not even know they lack citizenship. Worse, dozens of adoptees have been deported to their countries of origin and others live in the U.S. under removal orders, subject to deportation at anytime.

What is Congress doing to fix this problem?

Congress has tried to fix this by introducing the Adoptee Citizenship Act each Congressional session since 2015. The Act, however, has never passed nor has it even received a hearing. The Adoptee Citizenship Act of 2021 was the latest bill, but it died in the 117th Congress.

What was the Adoptee Citizenship Act of 2021?

The Adoptee Citizenship Act of 2021—sometimes called ACA or ACA21 for short—were two identical bills in the U.S. 117th Congress: HR1593 and S967. These bills, like those before them, would have amended U.S. immigration law to repeal a loophole that has operated to deny automatic U.S. citizenship to thousands of intercountry adoptees who were adopted by U.S. citizen parents, some more than sixty years ago. While most people presume that children adopted by U.S. citizen parents receive automatic U.S. citizenship when they are adopted, this is not true for many intercountry adoptees. Many are now adults and do not have U.S. citizenship, like Monica Ross.

My Name is Monica Ross

Monica Ross was adopted from Germany in 1960 by a U.S. soldier and his spouse. She found out only a few years ago that she was a not a U.S. citizen. Here’s her story, and her request.

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How would an Adoptee Citizenship Act address the current problems?

While prior bills have addressed several issues in current immigration law, the primary issue relates to the date of birth of intercountry adoptees. The ACA, as introduced in past, would provide automatic citizenship to intercountry adoptees no matter their age of birth, provided they meet the other requirements of the law. The provision in the ACA that eliminates the age requirement states that automatic citizenship would apply to intercountry adoptees “regardless of the date on which the adoption was finalized.” Other issues, however, may still prevent acquisition of US citizenship.

Does the Adoptee Citizenship Act resolve all the issues intercountry adoptees have with securing U.S. citizenship?

No. Even if the ACA was enacted last session in its introduced form, there are generally two groups of people that the bill did not completely address:

  1. People who were not fully and finally adopted in either their country of origin or in the United States. In other words, the person’s adoption was never legally finalized. The vast majority of these adoptees are those who entered the United States on an IR-4 visa and were not adopted in the United States before the age of 16.
  2. Adoptees who have been deported. While the ACA addresses situations where an adoptee has already been deported, the path to citizenship for these adoptees is often more difficult.

There are a few other exceptions that relate more to general immigration law and not specifically to the Adoptee Citizenship Act or to the Child Citizenship Act. The most prominent of those issues relates to adoptees who cannot prove that they were lawfully admitted into the United States. That is a very complex issue and difficult to resolve with or without the proposed bill.

Hold on. Intercountry adoptees have been deported? How did that happen?

Though the exact number of intercountry adoptees who have been deported from the United States is not known, it is presumed to be at least fifty, and we learn of new deportations each year. Generally, adoptees have been deported because: 1) they were never provided U.S. citizenship and thus did not obtain the benefits and privileges of citizenship; and 2) they committed a crime that led to their deportation. In at least one case, the U.S. government has begun efforts to remove an intercountry adoptee not because of criminal activity but because the adoptee could not prove that she entered the country legally, despite having been adopted by U.S. citizen parents.

I’m an intercountry adoptee who has been deported. Will the Adoptee Citizenship Act help me?

Maybe. It will depend on whether a new bill addresses this situation. In the past the ACA included provisions that provided some protection and rights for previously deported intercountry adoptees, though additional hurdles were involved in returning to the U.S. and acquiring U.S. citizenship upon that return. Under the language of the Adoptee Citizenship Act of 2021 (now dead), intercountry adoptees who had been removed from the United States (i.e., deported) had a path to return to the United States to secure citizenship and remain in the country as U.S. citizens. Returning to the U.S. under the 2021 version of the ACA would have required applying for and being issued an immigrant visa. The bill would have made deportees eligible to apply for and receive a visa, despite prior criminal convictions that led to their deportation. Nevertheless, to obtain that visa, the person must have:

  • undergone a criminal background check;
  • “resolved” any prior criminal activity that may be disclosed in the criminal background check. What is meant by “resolved” in the bill is not clear but it would likely involve discretion on the part of the government to determine the appropriateness of issuing a visa for a deported adoptee.

If the deported intercountry adoptee obtains a visa and enters the United States on that visa, he or she would become a U.S. citizen automatically upon admission to the country, at least under the prior draft of the ACA.

I’m an intercountry adoptee without citizenship in the United States, and I also have a criminal record. Will that prevent me from becoming a citizen under the ACA?

Under the most recent version of the ACA, you would have become a citizen even though you have a criminal record, so long as you meet the requirements of the law. I have represented intercountry adoptees who have criminal records but are citizens under the current Child Citizenship Act. The criminal record had no bearing on securing a Certificate of Citizenship, though a criminal record in some instances may be used to deny issuance of a U.S. passport.

I’m an intercountry adoptee and I came to the country on a tourist visa when I was a child. Will the ACA help me?

Generally, and without knowing more specific information about the entry and other circumstances of your adoption, the answer will always depend on the text in any bill. Basically, it’s what lawyers often say when they don’t know: it depends.

It has been my position that the last version of the ACA would help you—unless it is amended or interpreted differently. The 2021 did not specifically require the adoptee to be a legal permanent resident, as is currently required under the Child Citizenship Act (legal permanent resident, or LPR, is the status a person obtains when they are admitted to the U.S. on an immigrant visa, such as an IR-3 or IR-4 visa, discussed below). Rather, the 2021 ACA required that the adoptee be residing in the U.S. “pursuant to a lawful admission” at the time of the enactment of the ACA—so long as they meet any other requirements of the ACA, such as a final adoption. The term “lawful admission,” as used in the ACA, would include those who entered lawfully but who may not currently be legal permanent residents. That is, it should include those who entered lawfully on both immigrant or non-immigrant visas, such as visitor/tourist visas. But whether this will remain in a future bill is difficult to predict.

I’m an intercountry adoptee without citizenship. If the ACA is ever enacted, what happens next?

Good question. Though the ACA as previously drafted would confer “automatic” citizenship to intercountry adoptees, it doesn’t mean you’ll automatically receive a Certificate of Citizenship or a U.S. passport in the mail. Unless some other approach is taken as a result of the ACA being enacted (and assuming it is enacted), it is likely that anyone who qualifies for citizenship under the ACA will need to apply for and receive proof of that citizenship, typically in the form of a Certificate of Citizenship.

Obtaining a Certificate of Citizenship requires submitting a form N-600 and supporting documentation, plus paying the filing fee, which is currently $1,170.00 (and likely to increase substantially in the future). Obtaining a passport is faster, far cheaper, and may be easier, depending on the documentation you have. A U.S. passport, however, can be revoked or denied for reasons unrelated to citizenship status (e.g., failure to pay child support, significant tax debts, outstanding felony warrants). Generally, whether you are applying for a U.S. passport or a Certificate of Citizenship, you will need to have the following documents available:

  • Final decree or judgment of adoption, including a certified translation if a foreign decree is not in English;
  • Evidence of physical presence in the United States (often satisfied with school enrollment records);
  • Proof of lawful permanent residence in the United States (e.g., a green card)

Additional General Questions

I have a dumb question that I’m afraid to ask. Who are intercountry adoptees and how many live in the United States?

An intercountry adopted person (or adoptee) is a person who is born in one country and legally adopted by a citizen or citizens of another country. Some people also use the term transnational adoptee. Within the intercountry adoptee community, there may be many other terms of self-identification, including transracial, transcultural, and country-specific identifiers. FWIW, since the mid-1950s, considered the beginning of sustained intercountry adoption to the United States, hundreds of thousands of children have come to the United States as intercountry adoptees, with more than 200,000 children arriving in the United States in the last twenty years.

Are intercountry adoptees considered immigrants?

Yes. Under United States law, intercountry adoptees are treated as immigrants for citizenship purposes and must “immigrate” to the United States by entering the country with an immigrant visa. Those visas, which relate to adoption, are known by the following visa codes: IR-3, IH-3, IR-4, and IH-4 visas. The most common visas today are IR-3/IH-3, and IR-4/IH-4, and adoptions from many years ago may have been assigned a visa category that is no longer in use. The prefix IH in the visa codes refers to the fact that the adoption was under the auspices of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (usually called “the Hague Convention” in the context of adoption).

What’s the difference between an IR-3 and an IR-4 visa?

The difference is generally where the adoption occurs. An IR-3 visa generally means that the person has been adopted fully and finally in the adoptee’s country of origin. That is, a judgment or decree of adoption was issued by a court or tribunal in the country where the child was born. An IR-4 means that there was no full and final adoption in the country of origin and that the child immigrated to the United States “for the purpose of adoption.” With IR-4 visas, the prospective adoptive parent or parents are generally appointed as the child’s legal guardian until the adoption is finalized in the United States.

Unfortunately, some prospective adoptive parents never finalize the adoption in the United States and the child does not acquire citizenship. They remain permanent legal residents and cannot vote, cannot obtain certain benefits, and are subject to deportation or removal from the country if they commit a removable offense. Once an adult, the only option to become a citizen is to naturalize, provided that they have the documentation and do not have anything on their record that would prevent securing citizenship. Even today, intercountry adoptee children admitted on an IR-4 visa and who have not yet been adopted in a state court, may become an adult without acquiring U.S. citizenship. They would then need to naturalize.

Is anyone monitoring IR-4 visas to make sure the child’s adoption is finalized in the United States?

No. I am not aware of any formal oversight by the U.S. government, adoption agencies, or state child welfare departments in monitoring IR-4 visas to assure that the child who immigrates to the U.S. is ultimately adopted in a state court, nor are there current laws in place to compel a parent (who is not yet legally the adoptive parent) to finalize the adoption in state court. Since 2002, more than 50,000 children have entered the United States on IR-4/IH-4 visas, and it is unknown how many of them have ultimately been adopted in state court.

The use of IR-4 immigrant visas “for the purpose of adoption” does not assure the child will ever be adopted. The use of such visas—in conjunction with the failure to finalize the adoption—will likely remain a loophole in current law even if the ACA is enacted. It also has significant legal and social ramifications, such as:

  • illegal or unregulated “rehoming” of children. In addition to increasing the chances of a non-citizen child being trafficked, when a child is “rehomed” or placed illegally or informally with another family, the child essentially loses the ability gain automatic citizenship through adoption. The child, as an adult, will likely face problems with citizenship status later in life and could be subject to deportation, something that would not be possible had the child’s adoption been finalized.
  • legal exemptions that relate to voting and false claims of citizenship. Normally, if a person who is not a US citizen votes or obtains a benefit through a false claim of U.S. citizenship, that person can be denied U.S. citizenship later. A specific exemption exists, however, for people who reasonably believe they were citizens when they voted or claimed U.S. citizenship. This exemption applies only if they are the children of US citizens, whether natural born or adoptive children. Such an exemption may not apply if the adoption was never finalized, though there are arguments to get around this.

I’m not sure I am a U.S. citizen. How do I find out?

Knowing you are a citizen and proving you are a citizen are two different things. Let’s take the second one, which is fairly easy to explain: proof of citizenship. There are generally four documents you can use to prove U.S. citizenship:

  1. A government-issued certificate of birth showing you were born in the United States;
  2. A U.S. passport;
  3. A Certificate of Naturalization;
  4. A Certificate of Citizenship.

If you have one of these documents, then you have proof (and also knowledge) that you are a U.S. citizen.

If you do not have any of these documents and do not even have a copy of one, then you will need to determine what documents exist to help prove citizenship. To do that you will need to either find one of these documents or find the documents you need through a request to the Department of State or the U.S Citizenship and Immigration Services (USCIS). My suggestion would be to contact an attorney to help. Solutions may be as easy as making a request for your records to the USCIS, but the solution could be far more complicated if you discover issues or documentation problems with your adoption or arrival to the U.S.

Filed Under: Intercountry Adoptees, Latest News

About Gregory D. Luce

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

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Reader Interactions

Comments

  1. Franceen George says

    August 6, 2021 at 2:38 am

    Very Interesting.
    I am a intercountry adoptee – now a dual citizen of Canada and USA.
    I was purchased for $10,000 USD by my adoptive parents in the Montreal Black Market Baby Ring of Sarah Weiman at the infamous 4221 Ave Laval, Montreal location. My adoptive father (a Dr. from NJ) testified to the Senate Committee on Juvenile Delinquency in 1955, chaired by Sen Kefauver. (Known as the Kefauver Hearings). He did so under an alias and from behind a curtain since his life was believed to be in danger for being a whistle blower. He aided the criminal investigation into such adoptions with the FBI and RCMP. They broke up the ring, but no punishment was ever rendered since there was the “international law” confusion/issues.
    I have an OBC which states “born of unknown parents: and an Adoptive BC showing my adoptive parents as birth parents, a Canadian Passport which my adoptive parents used to bring me to USA at 9 days old, with a (I believe to be) fake “interim order for adoption” signed by a judge who was later fired for issuing 12 such orders illegally, a final order for adoption from the Montreal Superior Court. Since it was 1951, civil registers of births were not kept, only the Catholic Church and other religious organizations. My birth was supposedly registered at the Pinsker Shul, Jewish Temple of Montreal, but they have no record of it. Everyone in the process was paid off, said my father. The Rabbi, several lawyers (Bernstein was name of Montreal Lawyer), the Judge who issued the interim adoption order, the Baby Ring leader, Sarah Weiman and her Courrier Mr Harry Meunier (or “Moyner”). I was naturalized in 1956, via the standard immigrant process of that time and I obtained a Canadian passport in 2016 – makes it easier to travel to Canada as a citizen. I am curious if you have ever heard of all the above? – there were supposedly close to 1000 babies adopted from this place alone (associated with the Catholic Church Saint Jean Baptiste in Montreal). It is late and I am rushing to write this. If you desire more info, please contact me and I can provide a host of references, documents, newpaper and legal, scholarly journal articles, news shows and transcrips of the Senate Hearings, and other documents. BTW, I have found my birth family and am planning on meeting my brother and sister in September! My adoptive parents, as well as my birth parents are deceased – and were all deceased before I found !

    Reply
  2. GUEST says

    February 19, 2023 at 10:43 am

    Adoptees Should Have the Same Right to Citizenship as Biological Children

    Reply
  3. GUEST says

    February 19, 2023 at 10:00 pm

    Please help, all Adoptees HR1593, the 2022 Adoptee Citizenship Act, will grant automatic citizenship to all adoptees. It will close the loophole left by the Child Citizenship Act of 2000 by ensuring the long-awaited inclusion of all qualifying intercountry adoptees adopted by U.S. citizen parents, regardless of their date of birth.

    Abandonment shadows adoptees’ lives and often becomes one of their deepest traumas, forcing them to grapple with the accumulated loss of family, culture, language, and community. They already experienced abandonment by their birth countries. However, when adopted to the United States, they were given a new life and identity. By denying these adoptees citizenship and deporting them, the U.S. government abandons them once again after promising them a better life in America and the same rights as any biologically born child. We believe intercountry adoptees should not be denied citizenship, detained or deported because multiple parties overlooked, neglected, or failed to take action to obtain citizenship for them.πŸ™πŸ˜­πŸ‘ͺπŸ‘πŸ‡ΊπŸ‡²πŸ’•

    Reply
  4. Tony Lee Ross says

    February 22, 2023 at 5:52 pm

    Imagine all you ever have known, the memories, experiences and family suddenly evaporated like the wind. Not a comforting thought but that’s exactly what has happened to this human’s life, Citizen’s Act of 2000 not only put my heart in despair but exactly quantified the never ending pain that I have to endure. ( It is wrong that the United States deported me in the first place! The wrongs was not letting me come home by Citizen’s Act 2000 because of my age!

    I’m writing these words so that it will gone on forever because I certainly will not..

    Tony Lee Ross

    Reply
  5. GUEST says

    February 27, 2023 at 11:58 am

    Adoptees are legal heirs of American families. Please ensure their equal rights as U.S. citizens.

    Reply
  6. William Gage says

    March 14, 2023 at 3:02 am

    I am supportive of the Adoptee Citizenship Act, but also glad that no such law was in effect when I was adopted by U.S. citizens from Germany in 1959, at the age of two. Had I acquired U.S. citizenship in that manner, I would also have automatically lost my German citizenship. As it was, I did not, and was thus able to claim recognition of my German citizenship in the early 1990s, which then enabled me to return to Germany to live five years ago.

    Reply

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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.

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The OBC: Maps

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

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

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

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

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

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OBC: State Status & Numbers

12 UNRESTRICTED
21 COMPROMISED
18 RESTRICTED
51 VIEW ALL
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