Summary
Adult adoptees in Florida are denied the right to obtain their own original birth certificates upon request. Prior to 1977, adult adoptees in Florida had an unrestricted right to request and obtain their original birth certificates. An amended law in 2020 did not change the requirement for birthparent permission to release the adoptee’s own OBC.
Relevant Florida Law: Original Birth Certificates
Florida Statutes § 382.015
The clerk of the court in which any proceeding for adoption, annulment of an adoption, affirmation of parental status, or determination of paternity is to be registered, shall within 30 days after the final disposition, forward to the department a certified copy of the court order, or a report of the proceedings upon a form to be furnished by the department, together with sufficient information to identify the original birth certificate and to enable the preparation of a new birth certificate. The clerk of the court shall implement a monitoring and quality control plan to ensure that all judicial determinations of paternity are reported to the department in compliance with this section. The department shall track paternity determinations reported monthly by county, monitor compliance with the 30-day timeframe, and report the data to the clerks of the court quarterly.
(1) ADOPTION AND ANNULMENT OF ADOPTION.
(a) Upon receipt of the report or certified copy of an adoption decree, together with the information necessary to identify the original certificate of live birth, and establish a new certificate, the department shall prepare and file a new birth certificate, absent objection by the court decreeing the adoption, the adoptive parents, or the adoptee if of legal age. The certificate shall bear the same file number as the original birth certificate. All names and identifying information relating to the adoptive parents entered on the new certificate shall refer to the adoptive parents, but nothing in the certificate shall refer to or designate the parents as being adoptive. All other items not affected by adoption shall be copied as on the original certificate, including the date of registration and filing.
(b) Upon receipt of the report or certified copy of an annulment-of-adoption decree, together with the sufficient information to identify the original certificate of live birth, the department shall, if a new certificate of birth was filed following an adoption report or decree, remove the new certificate and restore the original certificate to its original place in the files, and the certificate so removed shall be sealed by the department.
(c) Upon receipt of a report or certified copy of an adoption decree or annulment-of-adoption decree for a person born in another state, the department shall forward the report or decree to the state of the registrant’s birth. If the adoptee was born in Canada, the department shall send a copy of the report or decree to the appropriate birth registration authority in Canada.
(2) DETERMINATION OF PATERNITY. Upon receipt of the report, a certified copy of a final decree of determination of paternity, or a certified copy of a final judgment of dissolution of marriage which requires the former husband to pay child support for the child, together with sufficient information to identify the original certificate of live birth, the department shall prepare and file a new birth certificate, which shall bear the same file number as the original birth certificate. The registrant’s name shall be entered as decreed by the court or as reflected in the final judgment or support order. The names and identifying information of the parents shall be entered as of the date of the registrant’s birth.
(3) AFFIRMATION OF PARENTAL STATUS. Upon receipt of an order of affirmation of parental status issued pursuant to s. 742.16, together with sufficient information to identify the original certificate of live birth, the department shall prepare and file a new birth certificate which shall bear the same file number as the original birth certificate. The names and identifying information of the registrant’s parents entered on the new certificate shall be the commissioning couple, but the new certificate may not make reference to or designate the parents as the commissioning couple.
(4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR ORIGINAL. When a new certificate of birth is prepared, the department shall substitute the new certificate of birth for the original certificate on file. All copies of the original certificate of live birth in the custody of a local registrar or other state custodian of vital records shall be forwarded to the State Registrar. Thereafter, when a certified copy of the certificate of birth or portion thereof is issued, it shall be a copy of the new certificate of birth or portion thereof, except when a court order requires issuance of a certified copy of the original certificate of birth. In an adoption, change in paternity, affirmation of parental status, undetermined parentage, or court-ordered substitution, the department shall place the original certificate of birth and all papers pertaining thereto under seal, not to be broken except by order of a court of competent jurisdiction or as otherwise provided by law.
(5) FORM. Except for certificates of foreign birth which are registered as provided in s. 382.017, and delayed certificates of birth which are registered as provided in ss. 382.019 and 382.0195, all original, new, or amended certificates of live birth shall be identical in form, regardless of the marital status of the parents or the fact that the registrant is adopted or of undetermined parentage.
(6) RULES. The department shall adopt and enforce all rules necessary for carrying out the provisions of this section.
382.017 Foreign births.
(1) Upon request, the department shall prepare and register a certificate of foreign birth for an adoptee born in a foreign country who is not a citizen of the United States and whose judgment of adoption was entered by a court of competent jurisdiction of this state. The certificate shall be established upon receipt of the report or certified copy of the adoption decree, proof of the date and place of the adoptee’s birth, and a request that the certificate be prepared from the court, the adopting parents, or the adoptee if of legal age. The certificate shall be labeled “Certificate of Foreign Birth” and shall show the true country and date of birth of the adoptee, and must include a statement that the certificate is not evidence of United States citizenship. After registering the certificate of foreign birth in the new name of the adoptee, the department shall place the adoption report or decree under seal, not to be broken except pursuant to court order.
(2) If the adoptee was born in a foreign country but was a citizen of the United States at the time of birth, the department shall not prepare a certificate of foreign birth but shall notify the adoptive parents, or the adoptee if of legal age, of the procedure for obtaining a revised birth certificate through the United States Department of State.
Relevant Florida Law: Adoption Records/Identifying Information
Florida Code § 63.162
(1) All hearings held in proceedings under this act shall be held in closed court without admittance of any person other than essential officers of the court, the parties, witnesses, counsel, persons who have not consented to the adoption and are required to consent, and representatives of the agencies who are present to perform their official duties.
(2) All papers and records pertaining to the adoption, including the original birth certificate, whether part of the permanent record of the court or a file in the office of an adoption entity are confidential and subject to inspection only upon order of the court; however, the petitioner in any proceeding for adoption under this chapter may, at the option of the petitioner, make public the reasons for a denial of the petition for adoption. The order must specify which portion of the records are subject to inspection, and it may exclude the name and identifying information concerning the parent or adoptee. Papers and records of the department, a court, or any other governmental agency, which papers and records relate to adoptions, are exempt from s. 119.07(1). In the case of an adoption not handled by the department or a child-placing agency licensed by the department, the department must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. In the case of an agency adoption, the licensed child-placing agency must be given notice of hearing and be permitted to present to the court a report on the advisability of disclosing or not disclosing information pertaining to the adoption. This subsection does not prohibit the department from inspecting and copying any official record pertaining to the adoption that is maintained by the department or from inspecting and copying any of the official records maintained by an agency licensed by the department and does not prohibit an agency from inspecting and copying any official record pertaining to the adoption that is maintained by that agency.
(3) The court files, records, and papers in the adoption of a minor shall be indexed only in the name of the petitioner, and the name of the minor shall not be noted on any docket, index, or other record outside the court file, except that closed agency files may be cross-referenced in the original and adoptive names of the minor.
(4) (a) A person may disclose the following from the records without a court order:
- The name and identity of the birth parent, if the birth parent authorizes in writing the release of his or her name and the adoptee is 18 years of age or older. If the adoptee is younger than 18 years of age, the adoptive parent must also provide written consent to disclose the birth parent’s name;
- The name and identity of the adoptee, if the adoptee is 18 years of age or older and authorizes in writing the release of his or her name; or, if the adoptee is younger than 18 years of age, written consent to disclose the adoptee’s name is obtained from an adoptive parent; or
- The name and identity of the adoptive parent, if the adoptive parent authorizes in writing the release of his or her name.
(b) A person may disclose from the records the name and identity of a birth parent, an adoptive parent, or an adoptee upon order of the court for good cause shown. In determining whether good cause exists, the court shall give primary consideration to the best interests of the adoptee, but must also give due consideration to the interests of the adoptive and birth parents. Factors to be considered in determining whether good cause exists include, but are not limited to:
- The reason the information is sought;
- The existence of means available to obtain the desired information without disclosing the identity of the birth parents, such as by having the court, a person appointed by the court, the department, or the licensed child-placing agency contact the birth parents and request specific information;
- The desires, to the extent known, of the adoptee, the adoptive parents, and the birth parents;
- The age, maturity, judgment, and expressed needs of the adoptee; and
- The recommendation of the department, licensed child-placing agency, or professional that prepared the preliminary study and home investigation, or the department if no such study was prepared, concerning the advisability of disclosure.
(5) The adoptee or other person seeking information under this subsection shall pay the department or agency making reports or recommendations as required hereunder a reasonable fee for its services and expenses.
(6) Subject to the provisions of subsection (4), identifying information regarding the birth parents, adoptive parents, and adoptee may not be disclosed unless a birth parent, adoptive parent, or adoptee has authorized in writing the release of such information concerning himself or herself. Specific names or identifying information must not be given in a family medical history. All nonidentifying information, including the family medical history and social history of the adoptee and the birth parents, when available, must be furnished to the adoptive parents before the adoption becomes final and to the adoptee, upon the adoptee’s request, after he or she reaches majority. Upon the request of the adoptive parents, all nonidentifying information obtained before or after the adoption has become final must be furnished to the adoptive parents.
(7) The court may, upon petition of an adult adoptee, for good cause shown, appoint an intermediary or a licensed child-placing agency to contact a birth parent who has not registered with the adoption registry pursuant to s. 63.165 and advise them of the availability of same.
So what happens in the case of a child born in Florida, but the adoption is finalized thru Juarez, Mexico? Does the child petition the Florida courts for their OBC or is it somewhere in Juarez, Mexico? If there is reason to believe it is a grey-market adoption, does that present any value to the Florida court for the release of the OBC?
I’m no expert, but it seems to me that if you were born in Florida (as I was), that is where you would petition for your OBC. My adoption was finalized in NY, but that’s not where I turned to request my OBC. My adoption was also a grey-market one. I highly doubt that would be relevant in court.
Call the Florida Bureau of Vital Statistics and ask for their packet for requesting on OBC. You’ll have to sign a form and get it notarized, for the request. You’ll also have to present either signed, notarized consent forms from your adoptive parents and your birth parents OR their death certificates. If you can produce one or the other from all four parents, that’s all you’ll need. Good luck!
Renee (and Gregory)- I know your situation is somewhat the opposite, but since your adoption was finalized in NY, did the location of your birth on your birth certificate change? Or does it still say Florida? My father was adopted in 1967, his birth certificate says FL, but we have reason to believe that he was born in NC. Both of his adoptive parents are dead. I have been trying to find information that tells me whether the location of birth would change on the birth certificate, but I can’t seem to find any statutes/codes to indicate one way or another.
No, the location of my birth in Florida did not change when my adoption was finalized in NY. The city, name of the hospital, and name of the hospital administrator remained the same. What changed were my name and all the parent information.
No state I’m aware of would legally allow the state registrar to change the state where the child was born. Some states allow the specific place not to be recorded (for example, no hospital is listed or the “usual address” of the mother is blank) but the state cannot legally be fabricated. Georgia has a really funky law that appears to allow a change of the state but the law specifically says that the birth must be in Georgia. Here’s how that law is worded (and a few other states are similar):
So if you were adopted in 1959 when the law allowed adult adoptees acccess to their original birth certificate at 18, would you be able to petition for your BC because their was no expectation of secrecy at the time of the adoption?
This is a complicated question because it is partially a legal question. I have outlined this issue here, which highlights that adoptees in Florida had unrestricted access to their original birth certificates until 1977 and that the change in the law in 1977 was not made retroactive. It will take a court to agree with this interpretation but no cases have yet been brought.
Hello I am a reunion search angel and am helping someone born in Florida in 1968. Would she be the first known person born prior to 1977 attempting a copy of her birth record? Because I’m going to tell her to apply. This is a far cry from equal rights if she’s allowed it but I’m sure she’ll take it. Not made retroactive. OK. Email me at [email protected] if you have any other content that would be relevant to share. I’m careful not to call it legal advice!
As an adoptee from FL, my wife and daughter gave me a DNA test for fathers day to help with my search. (They know the frustration of Florida adoptions) Before sending off for the test I happened upon your site while doing some adoption research and I hope to join Marilynn’s client as the first/second person born prior to 1977 to obtain an OBC.
Thank you for the info
Gavin, please post if you have had any luck with this. I too want to pursue the before 1977 ruling. I was born in Orlando in 1963.
Very similar situation as Gavin. Florida adoptee 1962 and gifted DNA kit from wife and kids last month for Fathers Day. I would definitely like to be a party to this as well.
I was born in Florida in 1951 and my adoption was finalized in the state of New York six months after my birth. My adoptive parents are deceased, as are my birth father and my birth mother. I spoke to a woman in the Adoption Unit of the Florida Bureau of Vital Statistics and she told me that if I submit copies of all four death certificates, along with a signed affidavit, I could obtain a copy of my original birth certificate. I am in the process right now of sending for those death certificates. I have three out of four in hand. What I want to know is, was the information this woman gave me accurate?
It’s very important for me to get my original birth certificate, because it will confirm my information about my birth mother, whose identity I am now almost completely certain about.
If the information I was given is incorrect, what are my options at this point?
Thank you!
I was adopted in Florida. I got my adoption papers from my adoption parents . I am 65 yrs old and so I still can’t get my obc. In the state of Florida. Unless I have a good reason to get them and I still have to go though the courts. My adopted dad passed away. My adopted mom still living. Biological parents have passed.
What kind of info do I need to give the courts to get my obc. Or is there any chance of getting them?
Cherrie–
Florida has a procedure in place that allows you to get your original birth certificate (and the adoption report from the court if you want) but only if you send in an affidavit from you, your adoptive mom (because she is still alive) and if you provide death certificates for your birthparents. If you think you can do that, you should call the Florida Bureau of Vital Statistics at (904) 359-6900 ext. 1081 or 1086 to confirm what information you need to provide and to request the packet of information and forms that you will need to use.
Cherrie,
I posted earlier, intending to request my OBC from Florida Vital Statistics. I have since received it. As long as you can provide death certificates for your deceased adoptive/birth parents (and a signed, notarized affidavit from your adoptive mom), plus a processing fee of $14 and a copy of your driver’s license, and as long as the information matches up, you CAN get your OBC from Florida. I got mine even with some minor discrepancies in the names. (My birth mother had lied, changing her maiden surname, my birth father’s surname, and her marital status, which she put as “married.” Not true.) Good luck!
Glad you got it and thanks for letting us know. Now if we can change the law to make it available upon request at age 18.
Absolutely! Thanks for all you’re doing to move things forward!
I have a question.. my biological father was killed two weeks after I turned two (1974). The man who raised me adopted me at the age of four. Do both biological parents have to be deceased in order to try to get my original birth certificate? My mom is still living.
I knew my biological father was my mom’s first husband and my ancestry dna test revealed he is my biological father.
Any help would be appreciated!
Thanks for asking, Donna, and the short and quick answer is no. To get an OBC in Florida based on consent, you need a combination of consent of a birthparent or proof that the birthparent is deceased. So, in your case, you would need your mother to complete an affidavit allowing release and you would also include the death certificate of your father. There is a packet of information that the department of vital statistics sends you with the forms, though you can email me directly at [email protected]. I also have a copy of that packet that I could send you.
The long and more troubling answer, at least for me, is that here is a case where there is absolutely no secrecy in the adoption and yet you are forced as an adult to obtain your mother’s permission to get your own birth certificate. I find step-parent adoptions often the most troubling when it comes to getting an OBC, though on the issue of equality for all of us they are really no different. As adults, our right to our own records should be recognized and upheld. But, feel free to email me and I’ll send you the forms that the department uses.
Thank you so much! I will send you an email now!
I want to obtain a copy of my original Birth Certificate. I was adopted from St. Petersburg FL I have not spoke to my adopted mom in years, and my adopted father died many, many years ago I have no information on my birth parents at all, I don’t know their name or anything. Can I get a copy of my original Birt Certificate if so how to I go about doing that? My adoption was over 45 years ago. Thank you in advance for your help, I appreciate any information you can provide.
Florida will release an original birth certificate in one of two situations: 1) you have the written consent of the birth parents named on the certificate or, if a birth parent is deceased, a death certificate of that parent; or 2) by court order. Unfortunately, it does not sound like you have the identities of any birth parents. Your only option would appear to be a petition to the court of adoption to release the OBC. That can be legally daunting for many people, particularly given specific legal issues that may affect pre-1977 adoptees.
Thank you for answering. Does anyone have any information on The Rhodes Foster Family located in Florida . I was placed there from the hospital until I was adopted . I believe it was in the Pinellas County. My adoption was finalized at the Escambia County Circut Court on Feb. 23 1971.
Might anyone have any information to help me with contacting The Rhodes Foster Family?
Or might anyone have information on a Dr. Pina ?
My father was born in Florida in 1953, and adpoted (albeit by his grandmother) in 1966. There are some questions as to what his first name was (James vs Jimmy) on his original birth certificate. We know what his middle and last name was at birth and what his last name was changed to at adoption. My father has since died and both his parents and grandparents who adopted him have been deceased for some time as well. Is there any option for me as his child to obtain a copy of his ORIGINAL birth certificate for the purpose of finding out what his first name was at birth?
Good evening,
Ok so, I was adopted through Catholic Charities in Tampa Florida. I have done Ancestry.com and found many relatives however the family is really large so, I am seeking other avenues. After reading this I am somewhat disheartened. Is there any legislation in the making that may give is access?
Send away for all the death certificates: your father’s, both his parents’, and also his adopting grandparents. From the Florida Bureau of Vital Statistics, send away for their packet for requesting an OBC. That will include an affidavit that you will sign and have notarized, as the requesting family member. Send this, all the death certificates, a brief letter explaining your situation and a check for $14 as well, to cover expenses, back to the FBVS. It’ll take several weeks, but you should have no problem getting your dad’s OBC. I was born in Florida and adopted six months later in NY, and I had no trouble getting my OBC by providing the information above. Good luck! 🙂
Question: So I was born in Hialeah, Fl in 1964, so I have access to my original birth certificate? How do I go about getting that? Do you know? I lost my birth certificate once and sent away for a new one and they sent the one my adopted parents had for me.
Any help would be much appreciated.
Thanks so much
Nancy
Florida is a restricted state with one very limited exception: if you know the birthparents listed on the original birth certificate and they 1) are dead; or 2) consent in writing to release the OBC, then you can get your OBC from vital records. If they are dead you will need to provide copies of death certificates. If you qualify under this limited exception, you should call vital records at (904) 359-6900 ext. 1081 or 1086. Ask for the packet you need to apply for your OBC.
Ok, so reading the comments I think I misunderstood. I am too young to get the OBC. Sooo disheartening.
For what it’s worth, there really is no “age” you have to be to get an original birth certificate in Florida. You basically don’t get it unless birthparents agree in writing that you can have it or you can demonstrate that the birthparents are deceased (or a combination of consent and death).
I guess adoptees younger than 18 currently could not use that process but otherwise there is no age issue in the law. It discriminates against all adoptees no matter their age.
Nancy needs to know that she’ll also need either the signed, notarized permissions of her adoptive parents OR their death certificates. It’s not just paperwork on the birth parents that Florida requires.
Totally agree I didn’t know of the packet and submitted it like a few years ago and they returned it back to me and said I have to petition the court and I just be a matter of life or death to get it. Thank you Greg for sending me the documents!! I sent you a lot of emails lol sorry!
I think that’s advisable if a person also checks off the request for the “adoption report or court order.” I do not see it as in any way legally required if the adult adoptee seeks only the original birth certificate.
I’m waiting on mine to come in any day now. I know I did apply for my biological father’s death certificate they refused to give it to me without my original birth certificate. I was only allowed to get his social security application and they blocked my grandparent’s names in it which is fine. Soon as I receive my original birth certificate I will let you know. Mr Greg I did send you a private email I’m not sure if you received it or not.
Hi I recently discovered the site and I’m interested in also getting my OBC I was born in Florida 1955 and was adopted thru Catholic social services St. Petersburg. I’ve always wanted to know my heritage. My adoptive parents are both deceased. I did the 23 & me and discover I have a half sibling, Siblings, he indicated he knows of no half-sister and both of his parents are deceased. How would I go about getting my OBC from the State of Florida? I have my adoptive parents death certificates. But I don’t know which of his parents we share.
Thanks for any help or suggestions.
Do you know the names of your half brother’s parents? If so, you can send away for their death certificates. Or you could ask him for copies. You’ll also need to send for your adoptive parents’ death certificates. Then contact the Florida Bureau of Vital Statistics and ask for their packet for ordering an OBC. It will include an affidavit that you’ll fill out and sign and have notarized. You’ll send the four death certificates and your affidavit, along with a check for $14 (processing fee). You should be able to get your OBC with no problem. I was born in 1951 in St. Petersburg and adopted in NY. I got mine recently. Good luck! It should be fine.
Great thanks Renee, yes I do know their name however I researched and the state of Iowa is strict so hopefully he will be so gracious to give me copies. I already have my adoptive parents certificates. In the meantime I send away as you indicated for the packet with the hopes of obtaining the others.
Thanks for the information and help.
Actually, only one of your half brother’s parents’ death certificates will be pertinent. But since you don’t know which parent you share, it poses a complication. One will be invalid and irrelevant. And you’ll still be missing one. I’m not sure what to suggest. Did you match with anyone else who might know something?
Yes on the 23&Me sight there’s a long list (929) but the closest is a 2nd cousin which is his mother’s…sister’s.. daughter’s. .. Child ..
I have the DNA sharing charts from both but haven’t a clue what I’m looking at. :-(((
My dad was born/relinquished in Jacksonville, FL in June 1946 and died in Philly in January 2016. I have a copy of his death certificate. To the best of my knowledge, all biological and adoptive parents are deceased. I have had my DNA tested and know what families (in Kentucky, Texas and a few other non-Floridian states) Dad belonged to. But, I am still searching for his biological parents. However, the Duval County, FL Dept. of Vital Statistics claims that Dad is the only one who can get his original unedited birth certificate. But, how am I supposed to exhume his ashes from Washington Crossing National Cemetery and rehydrate him in order to do that? I have his death certificate and my own birth certificate (proving I am his child). All I want to know are my biological grandparent’s names.
Hi, I was born and adopted in Miami Florida in 1973. How do I go about petitioning the court for my original bc? I have recently found my birth mom thanks to Ancestry DNA, but by birth father passed away last year…
Thanks for any help or information
You don’t need to petition the court if you can get permission from your living parents (adoptive and birth) and a copy of your birth dad’s death certificate . Contact the Florida Bureau of Vital Statistics and ask for their packet for requesting your OBC. It will include several copies of the affidavit you’ll need to have all living parents sign and get notarized as permission, and one for you to do the same. Send the notarized forms, along with your birth father’s death certificate and a check for (I believe) $15, back to Vital Stats. It might take a couple of months, but you should be able to get your OBC.
I two yrs ago I found out that I was adopted. By my adoptive father, although my situation is unique, I was taken away from my adoptive family due to child abuse in the state of NY. I then became a emancipated minor at the age of 16., through the court in the state of New York. There was no adoption agency, the adoptive parents only paid a doctors fee of $25. And I am not sure on how to go about doing a order releasing adoption information. I have done several DNA tests no one has any answers. Please help
It is so incredibly frustrating. I was adopted in 1965 to a family I adore. Found my birth mother at 22 and my birth father 2yrs. ago via Ancestry. If I understand the current draconian law, I must get permission from my adopted mother & birth mother to have access to my OBC (don’t know if my birth father is listed on OBC). I don’t want to involve either mother in seeking my OBC so what, I’m screwed? There are no more secrets, nobody to protect and only I suffer not having MY info. It’s well past the time that these laws were changed.
I agree wholeheartedly Wendy!!
I agree. First the law should not have made all records before 1979 sealed.
I have to produce 3 death certificates and have my birth mother, who doesn’t seem to want contact with me, sign an affidavit.
They make us jump through absurdly antiquated hoops for information that is rightfully ours to begin with! It’s infuriating and deeply wrong!
My dad was adopted. His amended birth certificate says he was “born” in Jacksonville, Florida. But, we believe he was born in East St. Louis, Illinois sometime in 1945/1946 and relinquished in Jacksonville on June 6, 1946 (because my grandmother and her husband were living in Illinois at the time). Dad is dead and so are all of my biological and adoptive grandparents. But, Florida tells me only Dad can get his OBC.
I’ve had my DNA tested and have confirmed Grandma. Her nieces see her husband in my brothers. But, the genetic genealogist who worked with me thinks it may have been another man (a lot of cousin marriages in the family). Regardless, everyone is dead, and I just want to fulfill a promise that I made to my father 25 years ago.
Do you think if I get the package, fill it out, and sent them certified copies of everybody’s death certificate and my birth certificate, Vital Statistics might actually work with me this time? I mean, Dad would have been 72, and all of my grandparents would have been over the age of 97 if they were still alive (but they aren’t).
I’m a bit confused about how ‘sympathetic’ –if any–the State of Florida may be in regards to adult (nearly geriatric!) adoptees. How does one actually ‘know’ what information to send/request in regards to birth parents (especially birth Fathers) if they don’t previously know their names??!! So crazy. The need to keep records ‘sealed’ seems to be a moot point in light of modern-day DNA testing and all. Even so, if one discovers the name(s) of biological birth parent(s) who is to say what name the Mother (or person giving information) actually gave to the clerk as the ‘birth father’? What if she just guessed? Or deliberately gave a false name? In such cases it seems nearly impossible that all listed parties would be able to give consent and/or a death certificate obtained. —Feeling hopeless.
I hear ya! My (deceased) father would have been 73 this year had he not died in 2016. His adoptive parents would have been 97 and 101 if they hadn’t already died. And, his biological parents (whom I found as a result of my DNA test) would have been 104 and 105. All are dead. I am Dad’s oldest child. And, I have his and his biological parents’ death certificates. Yet, Florida won’t release anything to me without a court order. That’s not right. My biological grandmother’s nieces and nephews are upset about this as well. There is no reason to keep Dad’s original unamended birth certificate from me.
I definitely wish Florida would change the law. I was able to receive my original birth certificate after sending in the packet and my biological father’s birth and death certificate with the help of my paternal cousins it wouldn’t be possible as well as getting the documents from Mr. Luce. My biological father’s was killed two weeks after I turned two. My mom remarried and honest lied to the man I thought was my father . Had I not done an ancestry dna test I would never know. My mom had no intention on telling me. I’m grateful, however sad at the same time .
Michelle, did you try what you’d suggested back in January? Is Florida still saying no, even with all the death certificate documentation you have? If that’s true, that is crazy!
Yes, Florida continues to refuse – even with the death certificate and my birth certificate to prove I am his daughter.
So essentially, they’re telling you that you have no right to this document and that you will never have a right to it. Talk about bureaucratic bullshit! That’s insane! I’m so sorry you’re being put through this! It’s such a shame that your dad didn’t pursue this himself while he was still able to.
If you have your biological grandparents’ death certificates, and if you get your adoptive grandparents’ death certificates, there should be no reason whatsoever that Florida should deny you your father’s OBC! Get your adoptive grandparents’ death certificates ASAP, if you haven’t already. And then contact the Bureau of Vital Stats in Jacksonville, FL, for an application and instructions. You should have no problem.
I understand your frustration, believe me! In my case, I was born in Florida but my adoption was finalized six months later in New York. I was able to get my OBC a year ago because I was nearly positive I knew my birth mother’s name and had sent away for her death certificate. I definitely knew my birth father’s name, because I’d confirmed it by having his son do a DNA test. I also sent for that death certificate. And my adoptive parents are also both deceased, so that part was simple. However, the potential complication was that I suspected my birth mother had lied about names. I included a letter expressing my suspicions. It took a couple of months, but I did receive a copy of the OBC, and it confirmed what I’d suspected: my birth mother had falsified her maiden name, had given a fake surname for my birth father, falsified his age and occupation, and their marital status. However, she did use their real first names. And the fake names were close enough to the originals that it was obvious what she had done, in an effort to protect her identity. I was lucky that the people at the Office of Vital Statistics didn’t simply refuse my request because on the face of it, the last names didn’t exactly match. They actually used common sense and realized I had the right people.
I understand how you feel, believe me! That said, however, it actually isn’t completely impossible. In my case, I had already figured out who my birth parents were through an Ancestry DNA search. Both of them were long since deceased when I found out who they were. I strongly suspected that my birth mother would have falsified her name and my birth father’s name as well, based on my surname listed on my adoption papers, which by then I already knew was not my birth father’s actual surname. When I submitted my application for my OBC, I included a letter indicating that their last name(s) might very well not match up with those on their death certificates. Fortunately, the people at Vital Statistics in Jacksonville had common sense and realized that the information I was submitting was valid after all (my birth mother HAD falsified the last names, but the first names were the same, and the fake last names were not so different from the rightful surnames). I was lucky. They might have been absurdly bureaucratic and rules-driven and refused my request. Go for it. It’s definitely worth a shot!
Oh, but he did. He requested his original unamended birth certificate, but they sent him the amended one. He was not happy when he called them and they refused to correct their error. But, by then, Dad was in the 4th stage of emphysema and was too tired to fight.
We were estranged (again) at that time, but reconnected a few months later. He died eleven months after we reconnected. But, not before agreeing that I continue to try to get his original unamended birth certificate, while also having my DNA tested and using my (then) 37 years of genealogy skills to find his parents without the paper.
Do you have the original paperwork that your father had, when he first sent away for his OBC? I mean a letter that he himself wrote and signed, requesting his OBC. Because it seems to me that if you could produce that, it would the nearest thing to your dad still being alive and requesting the document today. I can’t see how they could refuse you. You can prove that your father’s specific wish was to have his OBC.
Do you have his adoptive parents’ death certificates as well? Because you’d need all four, not just the death certificates of the birth parents.
My experience with the Office of Vital Statistics in Florida was very positive and reasonable. I feel like they would have to listen if you could produce all the documents, with special emphasis on a written request from your father.
I have been searching for my brother who was born in Pennsylvania in 1970. He was relinquished at birth but was not adopted until he was a year old. I just found a close match to my information that I have but the adoptee that I found has a Florida birth certificate. I have read some of the above posts where it seems there is some speculation that Florida could have issued their own birth certificate instead of using the original state of birth on the certificate. I also read where it is mentioned that Georgia has a law allowing this to happen. Is it possible that in 1970 Florida may have also practiced this ?
I have seen only one birth certificate that lists a birth from a different state, but it was Colorado. It is highly unusual, and I doubt that the match is the person born in Pennsylvania. It’s certainly possible but highly unlikely. The law in Georgia allows the state to change the location of birth to that of the residence of the adoptive parents but that can only be done if the birth was also in Georgia.
I think you probably have a close match but not the adoptee who was born in Pennsylvania.
Want to get my OBC and adoption file. Was born in Florida in 1966. I have located my birth mother recently. My adoptive parents have passed away. Should be a no brainer right? Is there a path available for this to happen without wasting a lot of time in the courts?
Yes. Contact the FLA Bureau of Vital Statistics and indicate you want to apply to receive your OBC. You will need to submit either a death certificate or a notarized letter of permission from your adoptive parents and your birth parents. You will fill out and have notarized a statement of your intent and include a copy of your photo ID, like a driver’s license. Submit all those things and you will get your OBC. I did this successfully a year ago. Good luck!
I have a question. I was born and adopted in Florida. I live in Powderly,Texas. Where or who can I write to start the process of petitioning the court for my obc? Don’t know where to start since I am so far away
So what I am reading is – if you do not know your biological birth parents names, it is virtually impossible to get your OBC? I was born in Miami, FL in 1966; adopted in 1967, but the only information I have is that my adoption was a result of my birth parents having me as a result of an affair sooooooo there is no telling who my biological mom put down as my father.
Yes, you need to know your birth parent(s) name(s). It’s really unfair. I was able to get my OBC because I had figured out who my birth parents were, following a long search on Ancestry. I was able to get copies of their death certificates, plus those of my adoptive parents, and submit them to Florida’s Bureau of Vital Statistics. And even then, it was iffy, since I suspected my mother had lied about last names. She had. Fortunately, she kept the correct first names, and the people at Vital Stats used common sense instead of having a knee-jerk bureaucratic response.
Have you done a DNA test? That’s vital. And do it through Ancestry. Their database is the largest. Good luck!
Thanks for the response; definitely going to be a long process…haha
I was adopted, in Florida, at birth, in 1964. My adoptive parents are deceased as is my biological mother. She refused to name my biological father. I assume, from what I’ve read here, that I stand no chance of getting my OBC, (which I think is total bs. I’m 55 yrs old for heaven’s sake!!). Correct?
Have you done dna? If you are able to figure out who he is that might help.
I’m no expert but if he wasn’t named and you have all the other death certificates give it a shot.
I have to get my birth Mom to fill out and get notarized an affidavit that she is okay with me getting mine. I found her a year ago and we still haven’t met even though she lives 5 miles from me.
I was born in Fla in 1942 and adopted in Ohio in 1948 on my 6th Bday. I ran away from my adoptive home when I was 16 and started using my birth name. If I were born in Ohio they have a sunset law that would permit me to get my adoption file simply by request. Since I was born in Fla as I understand it, I don’t qualify. I have nothing in my adoptive name and cant get my original BC from Fla without a court order as I understand it.
I kno3 and have known since day one all parties concerned. They all knew and were aware of each other. My birth mother’s older sister was my adoptive mother. My Birth parents are deceased and so are my adoptive parents. I have not maintained contact with any of my family either adoptive or natural for over 60 years. I presently live in ca and i have very limited resources so lawyers are out of the question. The upcoming dealing to travel on airplanes requires that I have my birth records for proof of citizenship. I need a passport to get out of this Godforsaken country. If I stay here I will starve to death or end up living in a ally. Any advice you could give me would be greatly appricieated.
I should add that it’s very easy to send away for a death certificate. As long as you have the name and you know where the person died and pay a nominal fee, you can get it.
You CAN get your OBC in Florida. All you need are your adoptive parents’ death certificates and also your birth parents’ death certificates. You contact the Bureau of Vital Statistics in Jacksonville and request the necessary forms to apply for your OBC. Fill out the application and a form you will need to get notarized, and submit them , along with a copy of your driver’s license and the death certificates. (Make copies for your own records.). I was born in Florida and adopted in NY. This is what I did to get my OBC.
But, how long ago did you obtain in it, because that’s all they told me I would need when I called them about 1998, but when I called again shortly before my father (the adoptee) died in 2016, they said that the law had changed, and now only the adoptee can request the original. Dad was terminal and unable to talk to them at the time.
Can you tell me if a birth certificate in Florida showing the adopting parents (Not the OBC) will have anything different on it than the OCB? I gave my daughter up for adoption in Mississippi in 1971. She has been unable to get her OCB but the birth certificate showing her adoptive parents has a letter added to number on it. I’m assuming it is the certificate number.
They can change significantly, usually with information from the original deleted and substituted with different information or left blank. It’s possible that is the certificate number but it’s hard to say without seeing the certificate. Was she born in Florida?
What if one birth parent is deceased? I am in contact with my birth mom, but she has drug/alcohol issues and is flighty. I have the paperwork for her to sign to release them, but I don’t know if I’ll ever be able to get with her to have them signed…
If you are trying to get the OBC and a parent listed on the birth certificate is deceased, Florida requires that you include that parent’s death certificate in an application to get the OBC. As for getting a signed affidavit from a non-cooperative birthparent, that’s part of the ridiculousness of Florida law, which obviously disempowers adult adopted people and then shifts that power to parents.
I can’t speak definitively to your question, but I can answer based on my own experience, having been born in Florida and adopted in New York. In my case, the information on my amended birth certificate was different with regard to my adoptive parents’ names, addresses, and ages. That would be the information you’d expect would change, of course. Unexpectedly, the doctor’s name was different, however, although certificate number was the same.
I had hoped, when I finally did get my OBC, that it would contain information not included on my amended birth certificate: my time of birth and my birth weight. Disappointingly, my OBC contained neither. I guess such information wasn’t mandated back then.
Hi, I’ve read through most of these comments and none are quite the situation I’m in. I want my birth mother’s OBC. She is deceased and I’m not sure what city she was born in but I know she lived in Florida her entire life. I know Florida is a sealed state. Do I still petition the court with my adoptive parent’s notarized permission to unseal her OBC or is there another route I need to take? Thank you.
Florida flat out told me that regardless of the fact that my father is deceased, state law only allows the adoptee to obtain the original OBC. So, there is no other recourse than to petition the courts.
I was born in Florida in 1986. I know my biological parents names, however I am not 100% sure that the man listed on my OBC is my actual biological dad. I don’t really want to talk to my biological mom and have to ask her permission, but I guess I have no choice. It’s so messed up.
This is why consent-based systems like Florida are so insidious, for the exact reasons you state. Asking for permission from a parent—when you are an adult—is ridiculous and sets up a dynamic that could become abusive or manipulative. I’m sorry you have to deal with Florida law. It is messed up.
It’s just so ridiculous that we adult adoptees are treated like babies in Florida, to require that we get permission from our four parents in order to see and obtain a document that is rightfully ours to begin with! We shouldn’t have to hope that our birth parents are already dead in order to make things easier. I would suggest that since you already know both your birth parents’ names, you include a letter with the application (and affidavits of permission or death certificates, whichever applies to your adoptive parents), stating that you suspect that the name listed as your bio dad’s on your OBC might be different than his real name. That was what I did, since I was pretty sure that my birth mother would have falsified her and my birth father’s names on the OBC. The kind people at Vital Statistics in Jacksonville, FL had enough common sense to know that the man named on the death certificate was actually the same person as the man named as my father on my OBC.
Thanks! I am having a hard time getting the clerk of courts in the county I was born in to call me back 🙁
My dad (the adoptee) and all four of his parents are dead. Dad’s adoption took place in 1946. Florida still will not release his original, un-amended birth certificate to me, because their law requires that it only be released to him. Does anyone know how to rehydrate human ashes back into the form of a living, breathing human being, so I can get his certificate?
Does anyone have any suggestions on how to handle this situation: a child was adopted by a couple from Florida in the early 1970s from an orphanage in Ethiopia. The child was ~ 2.5 years old (preassembly born in March-May 1969). Most of the paperwork has been lost or stolen. How can this adoptee obtain a copy of her Florida birth certificate and proof of US citizenship?
This is a very complicated case and I’d only advise securing an attorney. It’s highly unlikely the adoptee has a Florida-issued birth record unless it is a certificate of foreign birth. And the first step in these cases is always to make a FOIA request to USCIS for any immigration records. Again, with intercountry adoptees and citizenship issues, I highly recommend the adoptee find an attorney before taking any additional steps.
I was born in 1955 in Orange County, Florida, and adopted that same year in a step-parent adoption. Birth parents were never married, but my birth mother married and that man adopted me. I do not know my birth father’s name for certain, and believe that he is deceased. My birth mother and step-father are both deceased and I have their death certificates. Is that a circumstance in which I could obtain my OBC without a court order? Thanks for all that you do for adoptees.
Under those circumstances you should be able to apply for your OBC with your mother’s death certificate. You would be denied, however, if your birth father was also named on the OBC.
Just curious: why would this adoptee be denied the OBC if the birth father was named? My birth father was named on my OBC. I was able to provide a death certificate for him, and I received my OBC, even though my birth mother altered his last name so that it was different from what was on the death certificate. If this person’s birth father is deceased, why wouldn’t a death certificate be enough for the OBC to be granted?
It’s my understanding he doesn’t know the name of his birthfather, or at least not fully. If he does know the name and can obtain a death certificate for him then that would work, but if he’s not correct and his father (with a different name) is listed on the OBC then he wouldn’t get the OBC (I’m not sure if Florida is redacting names in such cases—I have not come across any).
I am an adult adoptee born in Florida in 1958. Both of my adopted parents are dead and I have copies of their death certificates. I have no knowledge of my birth parent names other than that my last name was listed as Wilson on my adoption court documents. Without knowledge of the identity of my birth parents, can I still request and get an OBC?
Rich–
Under current law you must have permission of birthparent(s) listed on the original birth record to request and receive your own original birth record. Permission can be by affidavit (if the birthparent is alive) or, as is my understanding of how Florida interprets the law, by providing a death certificate (if the birthparent is deceased). So, unless you can provide that “permission” to vital records the only recourse is to apply for a court order.