On July 1, 2023 South Dakota became the fourteenth state in the United States to affirm or restore the right of all South Dakota born adopted people to request and obtain their own original birth certificates (OBC). Here’s what the new law does, plus how South Dakota-born adopted people can now apply for a copy of their own OBCs.
Does this mean I can now get a copy of my own original birth certificate in South Dakota?
Yes, yes it does.
Does the new law apply to all adopted people born in South Dakota?
Yes. No matter the date of a person’s birth or adoption, all South Dakota-born adopted people now have an unrestricted right to request and obtain their own original birth certificates.
How old do I have to be to request my own OBC?
You must be at least 18 years of age.
Who else can apply for the OBC other than the adopted person?
The law applies only to South Dakota-born adopted people. It does not extend to descendants of the adoptee or anyone else, though the office of vital records indicates that a person other than the adoptee should contact the office if they seek to obtain a copy of the OBC.
How and where do I apply?
Apply for your original birth certificate with the South Dakota Department of Health. The application and more information about the process is here (or click the button below). Unless you include a copy of an official identification card, the application must be notarized.
What will I receive when I apply for the original birth certificate?
You will receive a copy of the original certificate of birth. It is possible you will receive other documents that were filed with the Department of Health, typically that were used to create the amended birth certificate after the adoption. It is not yet known if additional documents will be provided.
Is there a contact preference form or any other documents filed by a birthparent?
No. There are no forms or any other documents a birthparent may file in relation to the original birth certificate.
I was adopted in South Dakota but not born there. Is there anything I can do?
Yes. Current South Dakota law allows you to apply for and receive court records related to your adoption. More information about that is here. The new law does not change that process. Court records are also available to adopted people born in another state but adopted in South Dakota.
How much does it cost to apply for the original birth certificate?
The fee is $15.00, which is the same as birth certificates for non-adopted people. The current South Dakota vital records fee structure is here.
Can I apply for the OBC online?
No, it is available by mail only, though it can also be dropped off in person.
Will I get a certified copy of the original birth certificate?
Probably not. The copy of the original birth record will likely not be certified, as it is not required by the new law. South Dakota also has a system to issue “informational” copies, which is likely the type of document you will receive.
Is there a state or other group involved with this new law?
No. This was bill driven by a constituent of Representative Mellissa Heermann, who was instrumental in navigating the bill through passage. I was also involved in helping to enact the law by testifying and securing letters of support from adoptee rights organizations and allies.
Where can I read the text of the new law?
You can find the bill and its history here. The new law is codified here.
Will you be updating this FAQ when necessary?
Yes, I will update this FAQ as more information becomes available or if information changes or needs correction based on what I currently understand about implementation of the new law.
Have you updated your map yet?
Yep! Here it is. Enjoy, and do a little dance.
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.
US OBC Rights 2024
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.
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