Summary
Adult adoptees in Hawaii have unrestricted access to their court adoption records, which typically include original birth certificates. Access to the court record is provided upon request to an adoptee who is 18 years of age or older.
Relevant Hawaii Law: 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.
Rey Marin says
August 2, 2018 at 7:38 pmI am trying to get my adoption records from Hawaii. Who do I contact??
Gregory D. Luce says
August 3, 2018 at 7:11 amHi, 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.
Loranne Gole says
August 29, 2018 at 9:41 amdoes original birth cetificate mean it can be used like other non adoptee s birth ceriticate . Is the BC legal
Gregory D. Luce says
November 11, 2018 at 7:53 amThe 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.
Alina Sofi says
November 10, 2018 at 1:23 amWho 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?
Gregory D. Luce says
November 11, 2018 at 8:05 amThe 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.
Aloha Pelio says
December 12, 2018 at 7:43 pmMy 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?