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Last updated on February 1, 2021

Hawaii

Summary

Adopted people born in Hawaii do not have an unrestricted right to obtain their own original birth certificates. Only people who are adopted in Hawaii can request and obtain their court adoption records, which should include an original birth certificate. Copies of the court record are provided upon request to an adoptee who is at least 18 years of age and was adopted in Hawaii. The law does not apply to people born in Hawaii but adopted in a different state. Conversely, those born outside of Hawaii but adopted in the state may request their court records in Hawaii.

Because the law does not apply to all adoptees born in Hawaii and limits the records only to those who were adopted in Hawaii, I have changed the listing for Hawaii from “unrestricted” to “compromised.” Not all adoptees born in the state have an equal right to request and obtain their own original birth certificates. I explain my decision in greater detail here, including a recommended legislative fix.

Court instructions and additional information to request court records are here.

Relevant Laws of Hawaii: Original Birth Certificates

§ 338-17.7  Establishment of new certificates of birth, when
(a)  The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred to below as the “birth registrant”:

(1)  Upon receipt of an affidavit of paternity, a court order establishing paternity, or a certificate of marriage establishing the marriage of the natural parents to each other, together with a request from the birth registrant, or the birth registrant’s parent or other person having legal custody of the birth registrant, that a new birth certificate be prepared because previously recorded information has been altered pursuant to law;

(2)  Upon receipt of a certified copy of a final order, judgment, or decree of a court of competent jurisdiction that determined the nonexistence of a parent and child relationship between a person identified as a parent on the birth certificate on file and the birth registrant;

(3)  Upon receipt of a certified copy of a final adoption decree, or of an abstract of the decree, pursuant to sections 338-20 and 578-14;

(4)  Upon receipt of an affidavit from a United States licensed physician attesting that:

(A)  The physician has a bona fide physician-patient relationship with the birth registrant;

(B)  The physician has treated and evaluated the birth registrant and has reviewed and evaluated the birth registrant’s medical history;

(C)  The birth registrant has had appropriate clinical treatment for gender transition to the new gender and has completed the transition to the new gender; and

(D)  The new gender does not align with the sex designation on the birth registrant’s birth certificate; or

(5)  Upon request of a law enforcement agency certifying that a new birth certificate showing different information would provide for the safety of the birth registrant; provided that the new birth certificate shall contain information requested by the law enforcement agency, shall be assigned a new number and filed accordingly, and shall not substitute for the birth registrant’s original birth certificate, which shall remain in place.

(b)  When a new certificate of birth is established under this section, it shall be substituted for the original certificate of birth.  The new certificate shall not be marked as amended and shall in no way reveal the original language changed by any amendment.  Thereafter, the original certificate and the evidence supporting the preparation of the new certificate shall be sealed and filed.  The sealed documents shall be opened only by an order of a court of record or, for those documents amended pursuant to subsection (a)(4), by request of the birth registrant.

(c)  If a new certificate of birth is established under subsection (a)(4), it shall reflect, or shall be reissued to reflect, any legal name change made before, simultaneously, or after the change in sex designation; provided appropriate documentation of the name change is submitted.

(d)  If a new certificate of birth is established under subsection (a)(4), the department shall not require any additional medical information or records other than those required by subsection (a)(4).

Relevant Laws of Hawaii: Adoption Records

§ 578-15. Secrecy of proceedings and records
(a) The records in adoption proceedings, after the petition is filed and prior to the entry of the decree, shall be open to inspection only by the parties or their attorneys, the director of human services or the director’s agent, or by any proper person on a showing of good cause therefor, upon order of the court.  Except in the case of an individual being adopted by a person married to the legal father or mother of the individual or unless authorized by the court, no petition for adoption shall set forth the name of the individual sought to be adopted or the name of either of the parents of the individual; provided that the legal name of the individual and the name of each of the individual’s legal parents may be added to the petition by amendment during the course of the hearing thereof and shall be included in the decree.  The hearing of the petition shall be in chambers and shall not be open to the public.

(b) Upon the entry of the decree, or upon the later effective date of the decree, or upon the dismissal or discontinuance or other final disposition of the petition, the clerk of the court shall seal all records in the proceedings; provided that upon the written request of the petitioner or petitioners, the court may waive the requirement that the records be sealed.  The seal shall not be broken and the records shall not be inspected by any person, including the parties to the proceedings, except:

(1) Upon order of the family court upon a showing of good cause;
(2) After the adopted individual attains the age of eighteen and upon submission to the family court of a written request for inspection by the adopted individual or the adoptive parents;
(3) After the adopted individual attains the age of eighteen and upon submission to the family court of a written request for inspection by the natural parents;
(4) Upon request by the adopted individual or the adoptive parents for information contained in the records concerning ethnic background and necessary medical information; or
(5) Upon request by a natural parent for a copy of the original birth certificate.

As used in this subsection, “natural parent” means a biological mother or father, or a legal parent who is not also the biological parent.

(c)  The clerk of the court shall keep a docket of all adoption proceedings, which may be inspected only by order of the family court.

Filed Under: Original Birth Certificates Tagged With: Compromised Rights, Hawaii, State OBC Laws

Gregory D. Luce

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

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Reader Interactions

Comments

  1. Rey Marin says

    August 2, 2018 at 7:38 pm

    I am trying to get my adoption records from Hawaii. Who do I contact??

    Reply
    • Gregory D. Luce says

      August 3, 2018 at 7:11 am

      Hi, Rey–

      There are two forms to help: one provides instructions and where to send a request and the other is the form that you complete to make the request. They are here and on the state court website for Hawai’i:

      Instructions for Requests Regarding Confidential Adoption Records of the Family Court
      Request Regarding Confidential Adoption Records of the Family Court

      Good luck! I hope whatever you find is useful and meaningful.

      Reply
  2. Loranne Gole says

    August 29, 2018 at 9:41 am

    does original birth cetificate mean it can be used like other non adoptee s birth ceriticate . Is the BC legal

    Reply
    • Gregory D. Luce says

      November 11, 2018 at 7:53 am

      The copy of the OBC is not a legal document that can be used for things such as passports or other identification requirements. But it is a factual document.

      Reply
  3. Alina Sofi says

    November 10, 2018 at 1:23 am

    Who can request the adoption records? I have a friend who is trying to find his brother who he hasn’t seen in decades. His grandmother kept it a secret from him but she has a hard time speaking and her memory isn’t quite good. All he knows is his birthday and his first name.
    Would this also include his birth certificate as well?

    Reply
    • Gregory D. Luce says

      November 11, 2018 at 8:05 am

      The adoption court record in Hawai’i should include the original birth certificate. If it doesn’t I have heard, only anecdotally, that the court will provide an order to release it from vital records.

      Under the new law, you have to be the adopted individual or a natural parent to request information. I don’t know if your friend is the adopted individual or not or whether his brother is. You may want to seek information from the Department of Human Services concerning possible assistance in locating siblings. That said, the first stop may be contacting Adoption Circle of Hawaii, which was instrumental in getting the most recent changes in the law enacted.

      Reply
      • Michaela says

        January 9, 2021 at 1:57 pm

        Greg-
        This is SO helpful. I run a nonprofit placement agency in AR called Shared Beginnings. We support natural parents and adoptees rights. Our goal is to help reconnect families. Many Marshallese families and babies were trafficked through Hawaii! This information is SO helpful!
        Thank you for your work!
        Michaela Montie

        Reply
  4. Aloha Pelio says

    December 12, 2018 at 7:43 pm

    My mother was born/adopted in 1941, she has since passed away but always wanted to know her past. Can I, being her only living child, request the original birth certificate? The law as it stands only mentions the actual adoptee and/or the parents of the adoptee having the right to request them, but not the adoptees children. Also, someone once mentioned that since she was adopted so long ago (in 1941) that those records are open anyways?

    Reply
  5. Toni Mann says

    November 8, 2019 at 2:52 pm

    What about older adoption records? My mother was adopted in 1924 in Honolulu. She, and everyone involved in the adoption have all passed. I have her original birth certificate, stating her birth mother’s name and her adoptive parents. I would like to learn more about the circumstances concerning the adoption, i.e. how were the adoptive parents chosen, did they already know the birth mother, etc. Could I find that information on adoption records?

    Reply
  6. Melissa says

    October 20, 2020 at 8:36 pm

    I was born in July of 1969 in Hawaii. Adopted in September of that same year. I am wanting to get my original birth certificate. I am so overwhelmed at how to go about it.

    Reply
    • Stephen says

      November 3, 2020 at 1:13 pm

      He provides the link 👆🏻
      https://www.courts.state.hi.us/docs/1FP/1FP767.pdf

      Reply
  7. Jeff K-S says

    March 23, 2021 at 1:00 pm

    Aloha. Are the adoption records able to be accessed by descendants of the adoptee?

    Reply
  8. Linda says

    May 18, 2021 at 5:12 pm

    Hello,
    I am in need of some direction. I was born in Hawaii 1959, adopted 6 months after birth in Hawaii. Recently I found my biological father’s family (he passed away in 2019) located in Texas. My father and his family (my family) are American Native Indian Choctaw and I have processed my application for tribal enrollment which is my right thru linage of my great grandmother under her DAWS number who was one of the last to enroll. For this I had obtain my adoption records and have a legal DNA test for tribal enrollment performed. I did this with my biological half brother and my biological aunt. Results were conclusive 99.96%, I am told now that I need a court order establishing paternity of my biological father as he is not listed on my original birth certificate. I was born in wedlock but conceived through an extramarital affair. My biological mother had to have her husband sign over parental rights as he was my “legal” father, but she never listed my biological father’s name. I currently live in Texas. How do I proceed to do this 62 years after the fact, both biological parents deceased, and thousands of miles from Hawaii? Can you help direct me where or how to start, please?

    Reply
    • Linda says

      May 18, 2021 at 10:47 pm

      Update to my previous comment. I have since received an email from the tribal enrollment office am told that I only need a court order to establish paternity, not an amended birth certificate. I have the results of the legal DNA test already that was performed a little over a month ago. Can this court order be obtained in the state of Texas and if so, can you tell me what steps I need to take? Thank you in advance for any direction you can give me.

      Reply
  9. Michael Banks says

    June 1, 2021 at 5:06 pm

    My father was adopted in Hawaii in 1940 and the court in Hawaii rejected my request to unseal my father’s records. The court said his original bc could only be granted to the adoptee, the birth parents or the adoptive parents.

    Reply
    • Gregory D. Luce says

      June 2, 2021 at 7:05 am

      I’m sorry to hear that and it may make strict legal sense (maybe) but it certainly does not adhere to what the law should be about. That said, I’ve made inquiries into changing Hawaii law so that it 1) provides the OBC directly from the state department of health (and not only from the court); and 2) it provides for rights of descendants to request and obtain the OBC if the adopted person is deceased. There’s more information here, including proposed bill language.

      Reply

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Adoptee Rights Law Center

The Adoptee Rights Law Center PLLC is an adoptee-focused legal practice founded by Gregory Luce, a Minnesota lawyer and D.C.-born adoptee.

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

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Adoptee Rights Law Center PLLC
PO Box 19561
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Legal representation limited to issues involving Minnesota law and federal immigration law.

The OBC: Maps

US OBC Rights Placeholder
US OBC Rights
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. Full Details
Arizona. Adult adoptees do not have an unrestricted right to request and obtain a copy of their own original birth certificates. Arizona implemented a "donut hole" provision in a new law, effective January 1, 2022. It provides a right to some adoptees based on their dates of birth but denies the right to obtain the OBC to the vast majority of adoptees born in the state. Read more.
Arkansas. Beginning August 1, 2018, Arkansas law allows adult adoptees to request their adoption files. The request, however, is subject to a birthparent's ability to redact their names on the original birth certificates. This flow chart outlines how the law works. More information about the law and its requirements and discriminatory limitations is also 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 any original birth record. Read more.
Colorado. Adult adoptees 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. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 21 years of age or older may request their OBCs, birth parents may legally veto their release. Read more.
District of Columbia. Adult adoptees in the District of Columbia the do not have an unrestricted right to request and obtain their original birth certificates, except by court order. The D.C. superior court controls all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. Read more.
Florida. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates. While adoptees may apply for 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. Full Details
Georgia. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates. A court order is required. Read more.
Hawaii. Hawaiian-born adoptees do not have an unrestricted right to obtain their own original birth certificates. Only people who are adopted in Hawaii can 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. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. 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. Read more.
Illinois. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a tiered date-based system and uses an adoption registry to facilitate release of OBCs. The date of birth of an adoptee determines who has unrestricted rights to an OBC or who may be subject to a birth parent’s request to redact identifying information on the OBC. Read more.
Indiana. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A new law, effective July 1, 2018, expands the release of specifically defined "identifying information," but a birth parent may prohibit release of that information at any time. Read more.
Iowa. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. Original birth records are subject to the right of birthparents to file redaction requests. Full Details
Kansas. While original birth certificates are sealed, adult adoptees in Kansas have always had an unrestricted right to request and obtain their own original birth certificates. Court records in adoption proceedings are also available to adoptees upon request. Read more.
Kentucky. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. A court order is required. Read more.
Louisiana. Adult adoptees do not have access to their own original birth certificates, except by court order. An adoptee must demonstrate “compelling reasons” for a court to order release of an original birth certificate. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Adoptees must be 18 years of age before requesting their OBCs. Maine also allows a birth parent to file a genuine contact preference and medical history form, which is attached to the original birth certificate. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state because there are so few current adult adoptees who may qualify under its compromised law, which applies only to adoptions finalized on or after January 1, 2000. Because adoptees must also be at least 21 years of age to request the OBC, the law effectively applies only to those adoptees who were older at the time and adopted on or after January 1, 2000. In addition, birthparents under the compromised law may at any time veto disclosure of birth records or identifying information. Adoptees whose adoptions were finalized before January 1, 2000, do not have a right to obtain their OBCs. It remains available only by court order. Read more.
Massachusetts. Not all adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Rather, adoptees born between July 17, 1974, and January 1, 2008, are denied access to their own OBCs, except by court order. Adoptees born on or before July 17, 1974, have unrestricted access to their own original birth certificates, as do those born after January 1, 2008 (upon reaching the age of 18). 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 an adoptee’s date of birth, a parent may deny access to identifying information or withhold access by saying nothing. In either case, no identifying information may be released to the adoptee, except by court order. Read more.
Minnesota. The right of adult adopted people to obtain their own original birth certificate is complex and based primarily on the date of adoption. Generally, it requires the affirmative written consent of any birthparents and the state uses a complex, confidential, and often expensive intermediary system involving the department of health, the department of human services, and individual adoption agencies. Read more.
Mississippi. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order. Read more.
Missouri. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes that may extend beyond the death of the parent. Read more.
Montana. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a somewhat complex tiered system that depends upon an adoptee’s date of adoption. While an original birth certificate may be available more easily to adoptees who are 30 years of age or older, court orders may be required for younger adoptees and in all cases where a birth parent requests that a court order be required. Read more.
Nebraska. Adult adoptees do not have an unrestricted right to request and obtain the original birth certificate. Nebraska law is remarkably complex and confusing. Generally, any right to obtain the OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and sometimes an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
Nevada. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. It requires a court order. 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 its current law, effective on January 1, 2017, provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most adult adoptees now have a right to obtain their own original birth certificates, approximately 550 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 550 adult adoptees have no do not have the right to an unredacted original birth certificate except through securing a court order. Read more.
New Mexico. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. Good cause is required through a court order. Read more.
New York. Adult adopted persons and their descendants have an unrestricted right to request and obtain the adoptee's original birth certificate, without discriminatory restrictions. The law, which overturned 83 years of iron-clad secrecy, became effective January 15, 2020. Read more.
North Carolina. Adult adoptees do not have unrestricted access to their own original birth certificates. A court order is required for the release of any identifying information, including an OBC. An OBC must be specifically requested in any court action that seeks the release of identifying information. Read more.
North Dakota. Adult adoptees do not have access to their own original birth certificates, except by court order. Read more.
Ohio. Not all adoptees in Ohio have unrestricted access to their own original birth certificates. While legislative reforms removed some restrictions in 2013, significant legal restrictions remain, including birth parent redaction and disclosure vetoes. Read more.
Oklahoma. Adult adoptees do not have unrestricted access to their original birth certificates. Currently, nearly all adult adoptees must obtain a court order and show good cause for release. While adoptees 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. Adoptees who are at least 21 years of age have an unrestricted right to access their original birth certificates. A birth parent may file a contact preference form but it has no effect or restriction on the right of adult adoptees to receive their OBCs. Oregon law also allows adoptees access to specific records in the court adoption proceedings. Read more.
Pennsylvania. A new law, now effective, allows adoptees who are at least 18 years of age—and who must be high school graduates, possess a GED, or are withdrawn legally from school— to request their original birth record. 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 adoptees have an unrestricted right to request and obtain their own original birth certificates at age 18. Birth parents may file a contact preference form, which has no effect on the release of an OBC. Read more.
South Carolina. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. A court order is required. Read more.
South Dakota. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates except by court order. Nevertheless, upon "maturity" an adoptee may petition the court for release of the adoptee's court adoption records, which will typically lead to or include release of the OBC. Read more.
Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their “adoption records,” which should 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. Tennessee also criminalizes contact with birth parents who have registered with a contact veto registry. Read more.
Texas. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. With one exception, release of the OBC requires a court order. Adoptees 18 years of age or older who also know the identities of their birth parents, however, may obtain a non-certified copy of their OBC without the need for a court order. 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 OBCs, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
Vermont. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC 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 through Vermont’s Adoption Registry. Read more.
Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. Release of an OBC 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. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. Wisconsin requires either court order or participation in a consent-based "Adoption Records Search Program." 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.
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. Full Details
Arizona. Adult adoptees do not have an unrestricted right to request and obtain a copy of their own original birth certificates. Arizona implemented a "donut hole" provision in a new law, effective January 1, 2022. It provides a right to some adoptees based on their dates of birth but denies the right to obtain the OBC to the vast majority of adoptees born in the state. Read more.
Arkansas. Beginning August 1, 2018, Arkansas law allows adult adoptees to request their adoption files. The request, however, is subject to a birthparent's ability to redact their names on the original birth certificates. This flow chart outlines how the law works. More information about the law and its requirements and discriminatory limitations is also 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 any original birth record. Read more.
Colorado. Adult adoptees 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. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 21 years of age or older may request their OBCs, birth parents may legally veto their release. Read more.
District of Columbia. Adult adoptees in the District of Columbia the do not have an unrestricted right to request and obtain their original birth certificates, except by court order. The D.C. superior court controls all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. Read more.
Florida. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates. While adoptees may apply for 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. Full Details
Georgia. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates. A court order is required. Read more.
Hawaii. Hawaiian-born adoptees do not have an unrestricted right to obtain their own original birth certificates. Only people who are adopted in Hawaii can 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. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. 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. Read more.
Illinois. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a tiered date-based system and uses an adoption registry to facilitate release of OBCs. The date of birth of an adoptee determines who has unrestricted rights to an OBC or who may be subject to a birth parent’s request to redact identifying information on the OBC. Read more.
Indiana. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A new law, effective July 1, 2018, expands the release of specifically defined "identifying information," but a birth parent may prohibit release of that information at any time. Read more.
Iowa. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. Original birth records are subject to the right of birthparents to file redaction requests. Full Details
Kansas. While original birth certificates are sealed, adult adoptees in Kansas have always had an unrestricted right to request and obtain their own original birth certificates. Court records in adoption proceedings are also available to adoptees upon request. Read more.
Kentucky. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. A court order is required. Read more.
Louisiana. Adult adoptees do not have access to their own original birth certificates, except by court order. An adoptee must demonstrate “compelling reasons” for a court to order release of an original birth certificate. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Adoptees must be 18 years of age before requesting their OBCs. Maine also allows a birth parent to file a genuine contact preference and medical history form, which is attached to the original birth certificate. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state because there are so few current adult adoptees who may qualify under its compromised law, which applies only to adoptions finalized on or after January 1, 2000. Because adoptees must also be at least 21 years of age to request the OBC, the law effectively applies only to those adoptees who were older at the time and adopted on or after January 1, 2000. In addition, birthparents under the compromised law may at any time veto disclosure of birth records or identifying information. Adoptees whose adoptions were finalized before January 1, 2000, do not have a right to obtain their OBCs. It remains available only by court order. Read more.
Massachusetts. Not all adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Rather, adoptees born between July 17, 1974, and January 1, 2008, are denied access to their own OBCs, except by court order. Adoptees born on or before July 17, 1974, have unrestricted access to their own original birth certificates, as do those born after January 1, 2008 (upon reaching the age of 18). 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 an adoptee’s date of birth, a parent may deny access to identifying information or withhold access by saying nothing. In either case, no identifying information may be released to the adoptee, except by court order. Read more.
Minnesota. The right of adult adopted people to obtain their own original birth certificate is complex and based primarily on the date of adoption. Generally, it requires the affirmative written consent of any birthparents and the state uses a complex, confidential, and often expensive intermediary system involving the department of health, the department of human services, and individual adoption agencies. Read more.
Mississippi. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order. Read more.
Missouri. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes that may extend beyond the death of the parent. Read more.
Montana. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. The state has a somewhat complex tiered system that depends upon an adoptee’s date of adoption. While an original birth certificate may be available more easily to adoptees who are 30 years of age or older, court orders may be required for younger adoptees and in all cases where a birth parent requests that a court order be required. Read more.
Nebraska. Adult adoptees do not have an unrestricted right to request and obtain the original birth certificate. Nebraska law is remarkably complex and confusing. Generally, any right to obtain the OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and sometimes an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
Nevada. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. It requires a court order. 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 its current law, effective on January 1, 2017, provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most adult adoptees now have a right to obtain their own original birth certificates, approximately 550 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 550 adult adoptees have no do not have the right to an unredacted original birth certificate except through securing a court order. Read more.
New Mexico. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. Good cause is required through a court order. Read more.
New York. Adult adopted persons and their descendants have an unrestricted right to request and obtain the adoptee's original birth certificate, without discriminatory restrictions. The law, which overturned 83 years of iron-clad secrecy, became effective January 15, 2020. Read more.
North Carolina. Adult adoptees do not have unrestricted access to their own original birth certificates. A court order is required for the release of any identifying information, including an OBC. An OBC must be specifically requested in any court action that seeks the release of identifying information. Read more.
North Dakota. Adult adoptees do not have access to their own original birth certificates, except by court order. Read more.
Ohio. Not all adoptees in Ohio have unrestricted access to their own original birth certificates. While legislative reforms removed some restrictions in 2013, significant legal restrictions remain, including birth parent redaction and disclosure vetoes. Read more.
Oklahoma. Adult adoptees do not have unrestricted access to their original birth certificates. Currently, nearly all adult adoptees must obtain a court order and show good cause for release. While adoptees 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. Adoptees who are at least 21 years of age have an unrestricted right to access their original birth certificates. A birth parent may file a contact preference form but it has no effect or restriction on the right of adult adoptees to receive their OBCs. Oregon law also allows adoptees access to specific records in the court adoption proceedings. Read more.
Pennsylvania. A new law, now effective, allows adoptees who are at least 18 years of age—and who must be high school graduates, possess a GED, or are withdrawn legally from school— to request their original birth record. 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 adoptees have an unrestricted right to request and obtain their own original birth certificates at age 18. Birth parents may file a contact preference form, which has no effect on the release of an OBC. Read more.
South Carolina. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. A court order is required. Read more.
South Dakota. Adult adoptees do not have an unrestricted right to request and obtain their original birth certificates except by court order. Nevertheless, upon "maturity" an adoptee may petition the court for release of the adoptee's court adoption records, which will typically lead to or include release of the OBC. Read more.
Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their “adoption records,” which should 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. Tennessee also criminalizes contact with birth parents who have registered with a contact veto registry. Read more.
Texas. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. With one exception, release of the OBC requires a court order. Adoptees 18 years of age or older who also know the identities of their birth parents, however, may obtain a non-certified copy of their OBC without the need for a court order. 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 OBCs, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
Vermont. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC 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 through Vermont’s Adoption Registry. Read more.
Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. Release of an OBC 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. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. Wisconsin requires either court order or participation in a consent-based "Adoption Records Search Program." 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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The OBC: Numbers

10unrestricted
24compromised
17restricted
51View All

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