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Before You Start Spouting Off About Haiti, Amy Coney Barrett, and the ‘Beauty’ of Adoption

First published on September 27, 2020 • Last updated on December 3, 2021

Suddenly, intercountry adoption is a cudgel and a political tool in the debate over the Supreme Court nomination of Judge Amy Coney Barrett, as if adoption—particularly intercountry adoption— had never been a political Supreme Court kickball in the first place.

I’m not going to speak for intercountry adoptees and adoptees of color, though I do represent many of them, including a Haitian adoptee. Rather, intercountry adoptees have spoken many times before, speak and research and advocate continuously today, and yet are still ignored as a centering voice on the issue of being adopted to the United States. Do not ignore their voices in debating the ins and outs of intercountry adoption: they have lived it nearly every day of their lives and continue to live it today.

Related: What Happens When You Question Adoption

The politicization of the Barretts’ adoptions from Haiti—which they’ve clearly politicized themselves—highlights the rift between concept and reality in intercountry adoption. Read More

    Here are some resources to consider before making up your mind and spouting off about the “beauty” of intercountry adoption and the “savior credit” it gives to predominantly white Americans who adopt from other countries. Educate yourself first, particularly what has happened in Haiti and what intercountry adoptees experience themselves today.

    Haiti Statement by Adoptees of Color Roundtable. “For more than fifty years ‘orphaned children’ have been shipped from areas of war, natural disasters, and poverty to supposedly better lives in Europe and North America. Our adoptions from Vietnam, South Korea, Guatemala and many other countries are no different from what is happening to the children of Haiti today. Like us, these ‘disaster orphans’ will grow into adulthood and begin to grasp the magnitude of the abuse, fraud, negligence, suffering, and deprivation of human rights involved in their displacements.”

    Intercountry Adoptee Voices. “Historically, much of the academic collection of research in the intercountry adoption arena has been driven and led by professionals with little understanding of what it’s like to live the experience. This page is dedicated to compiling intercountry adoption research led by intercountry adoptee academics who bring a different outlook and perspective to the knowledge of adoption.”

    Adoptees for Justice. Get far better context and understanding of intercountry adoption by speaking to intercountry adoptees who, despite the promise of a “forever family,” were not given the basics of a permanent home: more than 30,000 intercountry adoptees today have lived in the United States nearly their entire lives but have not been provided U.S. citizenship, despite being adopted as children by U.S. citizen parents. Some have been deported—or face deportation—to countries they effectively never knew. Efforts to fix this have so far failed in Congress, despite politicians falling over each other to espouse the beauty of adoption and what it provides.

    Additional Resources

    Note: Judge Amy Coney Barrett and her husband adopted two children from Haiti. The second adoption occurred during the humanitarian crisis that gripped Haiti after a massive earthquake in early 2010, less than a month after the Barretts had given up on the adoption and had “closed the door” to its completion. Most of the resources below relate to that period of time in Haiti. An examination of questions raised by the adoption is here.

    The Child Catchers: Rescue, Trafficking, and the New Gospel of Adoption. The very first chapter of this eye-opening and thoroughly researched book from Kathryn Joyce is about the rush in 2010 to “orphanize” children in Haiti after a devastating earthquake. Her book goes on to discuss intercountry adoptions from other countries, including Ethiopia, which in February 2018 banned foreigners from adopting its citizens due to widespread corruption. From her first chapter dealing with Haiti in 2010:

    Long-standing religious relief organizations joined with upstart Haiti orphan missions to call for a reenactment of the 1960s anti-Communist ‘Operation Pedro (or Peter) Pan’ that had spirited more than fourteen thousand children out of Castro’s Cuba and into mostly Catholic homes in the United States. The revival Catholic groups proposed for Haiti, ‘Operation Pierre Pan,’ was enveloped in the language of emergency with compassionate calls to get the children out as if they were boarding the last plane off the island. It was language that recalled another mission, the 1975 ‘Operation Babylift’ evacuation of thirty-three hundred Vietnamese children to North America and Europe just before the fall of Saigon. Evangelical activists suggested that any aid planes delivering supplies to Haiti return to the United States ‘load[ed] up with orphans.’

    —Kathryn Joyce, The Child Catchers: Rescue, Trafficking, and the New Gospel of Adoption, Public Affairs: New York (2013), p. 4.

    Haiti: “Expediting” intercountry adoptions in the aftermath of a natural disaster . . . preventing future harm. An examination of what went wrong with intercountry adoptions from Haiti after the 2010 earthquake. From the executive summary:

    Neither Haiti nor the receiving countries were in a position to ensure that family reintegration measures and other domestic solutions were exhausted prior to implementing fast-tracking procedures, in other words, that the principle of subsidiarity was complied with. Genuine respect for this principle usually takes time and therefore it is concerning when babies as young as two months are adopted abroad. Such realities in Haiti are a clear warning that the principle has likely been breached.

    Few efforts existed to confirm the adoptability of children, nor were children given an opportunity to be consulted or prepared before being transferred to other countries. Physically, children lacked appropriate clothing to confront the cold winter weather and on a psycho-social level, they were not prepared to meet their adoptive parents, many for the first time.”

    –Executive Summary, Haiti: “Expediting” intercountry adoptions in the aftermath of a natural disaster . . . preventing future harm, The International Social Service (ISS), 2010, p. 6.

    Intercountry Adoption after the Haiti Earthquake: Rescue or Robbery? Peter Selman, a British-based researcher and academic, who also wrote about intercountry adoption in Haiti prior to the 2010 earthquake, updated his research with a new post-earthquake paper, which begins:

    On 19 January 2010, a week after the 7.0 magnitude quake hit Haiti, 54 Haitian-born children arrived in Pittsburgh on a flight with Pennsylvania governor Ed Rendell. It was later revealed that 12 of the children were not in the process of adoption and that most of these were not orphans. Ten days later, ten members of an Idaho-based Baptist charity were arrested for trying to take 33 Haitian children across the border into the Dominican Republic without proper paperwork. It was subsequently found that all 33 children had parents, with whom they were eventually reunited at an orphanage run by the Austrian-based SOS Children’s Villages Charity.

    —Selman, Peter. (2011). “Intercountry Adoption after the Haiti Earthquake: Rescue or Robbery?” 35 Adoption & Fostering 41-49, p. 42.

    End Child Exploitation and Trafficking in Haiti. This is an exhaustive collection of articles and posts from Marley Greiner, a writer, researcher, and activist and one of the founders of Bastard Nation. Written and collected at the time of the Haitian humanitarian crisis in early 2010, it is described as “a resource page for media, researchers, and the public interested looking for material and opinion on the ethics and legality of fast track adoption, babylifting, ‘humanitarian aid,’ identity, historical and cultural erasure, and corrupt practices in international adoption, especially in the current Haitian earthquake crisis.” 

    U.S. Department of State, Intercountry Adoption Statistics. The U.S Department of State, which oversees intercountry adoption to and from the U.S., maintains general statistics on the number of adoptions occurring to (and from) the United States each year. Haiti last year, as a “sending country,” saw 130 of its children adopted by U.S. citizens, down from a high of 464 children in 2014.

    Michael Libberton was brought to Illinois for adoption from Colombia in 1978. He found out only 5 years ago he isn’t a citizen. A Chicago Tribune story that highlights the struggle of Mike Libberton, who was adopted from Colombia and was told all his life that he was a U.S. citizen—until he recently found out that he was not.

    A Woman Without a Country: Adopted at Birth but Deportable at 30. New York Times immigration reporter Miriam Jordan details the life and legal struggles of Rebecca Trimble, an Alaskan resident who was adopted to the United States from Mexico as an infant but who was never provided U.S. citizenship. She now faces deportation.

    Feel free to list additional resources below, though I ask that you elevate the voices and stories of intercountry adoptees who have actual lived experiences on the issue.

    Filed Under: Essays, Latest News Tagged With: Intercountry Adoptees

    About Gregory D. Luce

    I am a Minnesota lawyer, born and adopted in the District of Columbia, and the founder of Adoptee Rights Law Center PLLC. I've been practicing law in Minnesota state and federal courts since 1993, and have been the executive director of Adoptees United Inc. since 2021. I also have a sense of humor.

    Get Involved with Adoptees United Inc.

    Logo of Adoptees United Inc.Did you find this post interesting? Then get involved nationally with Adoptees United Inc., a national tax-exempt non-profit organization dedicated to securing equality for all adult adopted people in the US. Find out more here, and join me and others in working for equality.

    Did I Miss Something?

    I work hard to get the laws and facts straight in every state---and to keep them regularly updated. If you see something that's not quite right or doesn't fit your experience, let me know with either a quick comment or an email.

     

    Reader Interactions

    Comments

    1. Marley Greiner says

      September 27, 2020 at 4:04 pm

      Great list of resources. Thank you.

      Thanks so much, Greg. I published a Haiti blog of probably a couple hundred entries. At the height of the crisis I had as many as 3000 hits a day. The US Senate, the State Department, and the NYT visited frequently. The content is a mixture of news, commentary and investigation. I have a lot on evangelical and Catholic interference in child welfare and orphan care and export. Also the attempts to stop the distribution of contraceptives to people in camps. Some of the subject matter was never covered or only covered in obscure sites. I had frequent contact with Jorge Puello when he was on the lam from Interpol and the FBI. He writes me periodically to complaining about how awful I treated him.

      Reply
      • Gregory D. Luce says

        September 27, 2020 at 6:26 pm

        Wow. Thanks for this, Marley. I’ve added it into the main part of the post above.

        Reply
    2. Rabz De Rivers says

      September 27, 2020 at 6:37 pm

      What is disturbing Greg is the pattern here of religiously motivated quasi-colonialism that sees children uprooted for “charitable” reasons to other countries – there are other prior toxic patterns for this kind of dishonest displacement – notably by the UK in the Child Migrant scandals where the Catholic Church sent kids 1940’s and 50’s from Nazareth House Bishopston Swansea to Australia and many were exploited by the Jesuits Brothers there and quite a few boys and girls were raped and abused ..

      This province of exploiting children for “adoption” too etc is dotted with religious denominations emerging as drivers in it claiming “earthquake/hurricane or famine etc” is the driver .. Clearly poor foreign policy and poor help to these communities creates the drivers for this …. There’s a massive lack of UN oversight of these NGO bodies and their networks ..

      Reply

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

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

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

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

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

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    OBC: State Status & Numbers

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

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