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Compromised Rights

Compromised means that a state has limited the rights of adult adoptees to obtain their own original birth certificates. Rights have been compromised in various ways, including birth parent disclosure vetoes, redaction of information, date-based restrictions, and involvement of mutual-consent registries.

Last updated on November 16, 2020

Indiana

Detail from Indiana road map

Indiana does not recognize adult adoptees’ unrestricted right to obtain their own original birth certificate. While a new law expands the release of “identifying information,” which includes an OBC, a birthparent may prohibit release of that information at any time.

Last updated on December 15, 2020

Illinois

Detail from Illinois road map

IIllinois denies the unrestricted right of all adult adoptees to obtain their own original birth certificates. It uses a date-based approach and allows redactions.

Last updated on November 23, 2020

Wisconsin

Detail from Wisconsin road map

Wisconsin law does not provide adult adoptees unrestricted access to their own original birth certificates. Wisconsin “impounds” original birth certificates after adoptions and releases them only by court order or through Wisconsin’s Adoption Records Search Program.

Last updated on January 5, 2021

Washington

Detail from Washington road map

Washington does not allow adult adoptees unrestricted access to 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.

Last updated on March 31, 2019

Vermont

Detail from Vermont road map

Vermont does not allow adult adoptees unrestricted access to their own original birth certificates. Access may be obtained through a probate court order or by adoptees who are at least 18 years of age and who have already obtained identifying information from Vermont’s Adoption Registry.

Last updated on March 31, 2021

Tennessee

Detail from Tennessee road map

Nearly all adoptees in Tennessee who are 21 years of age have unrestricted access to their their “adoption records,” which should include original birth certificates. The only exception to unrestricted access 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.

Last updated on July 13, 2017

South Dakota

Detail from South Dakota road map

Adult adoptees in South Dakota do not have access to their original birth certificates except by court order. It is believed, however, that most court petitions for release of an OBC in South Dakota are successful.

Last updated on April 6, 2020

Pennsylvania

Detail from Pennsylvania road map

Pennsylvania denies adult adoptees unrestricted access to their original birth certificates. The state allows birthparents to request redaction of their names from the original birth certificate.

Last updated on July 17, 2018

Ohio

Detail from Ohio road map

While Ohio law has settled down a bit after legislative reforms in 2013, significant legal restrictions remain for adult adoptees seeking their OBCs. The state has redaction provisions, diclosure vetoes, and a tiered-system of access that breaks down adoptee rights by the date of adoption.

Last updated on November 2, 2020

New Jersey

Detail of New Jersey road map

New Jersey is best described as a “fixed” partial restriction state. Because of disclosure vetoes, approximately 550 adult adoptees do not have access to their own original birth certificates, except by court order. All other adult adoptees in New Jersey have unrestricted access.

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Contact

Adoptee Rights Law Center PLLC
Gregory D. Luce
PO Box 19561
Minneapolis Minnesota 55419
T: (612) 221-3947
E: [email protected]

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

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New York Adoptee Rights Coalition

Adoptee Rights Law Center is part of the New York Adoptee Rights Coalition, a group of organizations committed to enactment of unrestricted OBC access legislation in New York. Join Us

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