Florida-born adoptees contact me frequently, typically with one question: how do I get my own original birth certificate? My answer is almost always “you can’t, except by permission or death.” But here’s how it is done, and I provide this as a resource for the hundreds of Florida adopted people who contact me and want to know what, if anything, they can do.
First, don’t get too excited. I categorize Florida as a “restricted” state, which means that you can generally only get your own original birth certificate through a court order. This is still widely true, with one exception that I discuss in more detail below: getting permission from birthparents to release your own birth record.
General History and Overview
I’ve written about Florida many times, and I have also published a report on the history of sealed birth records in the state. In general, until 1977, Florida-born adopted people had an unrestricted right to request and obtain their own original birth certificates. After Betty Mullarkey had to sue the state in 1976 to get her original birth record under the law at that time, the state legislature subsequently changed the law and began to regulate birth records like court and adoption records; that is, they restricted birth certificates and made them available only by court order.
Over the years, however, the Florida Department of Health’s Bureau of Vital Statistics allowed the original birth certificate to be released to the adult adopted person if the birthparents named on the certificate—as well as the adopted person’s adoptive parents—agreed in writing to release it. If any of the birthparents or adoptive parents had died, however, a death certificate for that parent could substitute for written consent. This is generally still the law today, though under current law the vital statistics bureau no longer requires adoptive parent permission for an adult adoptee. Adoptive parent permission, however, is required for an adoptee who is younger than 18.
Current Policy: Permission
If your birthparents listed on the original record have provided written permission to release the original birth certificate, it may be released to you. This applies to all parents listed on the birth certificate. If only the mother is listed on the original birth record (which is typically but not always the case) then only her written permission is required. If both parents are listed, both parents must provide written consent to release your own original birth certificate, unless either or both are dead. How death gets involved in this is discussed next.
Current Practice: Death
If one or both birthparents are dead, providing a death certificate of a deceased parent will substitute for permission to release the original birth record. But getting a death certificate may not be easy, as many states restrict who can request one and often limit it to “legal” (that is, adopted) children, disallowing biological children who were later adopted. If the parent died in Florida, however, Florida allows release of an informational copy of the death certificate, which should suffice. Forms and information for Florida death certificates are here. If they died outside of Florida, you will need to check the place of death to determine if what requirements exist to obtain a copy of the death certificate.
Current Practice: Death + Permission
If two parents are listed on the birth certificate and only one is dead, you will need consent from the parent who is still alive plus a copy of the death certificate of the parent who is deceased. Obviously, if both parents are dead, you will need copies of death certificates for both.
Can a Birth Certificate be Redacted?
This question comes up when there are two birthparents listed on the original birth certificate and 1) only one consents to release the information and 2) the other parent is not known, is dead and a death certificate is unavailable, or refuses to provide written consent for release. I recently verified with Florida officials that the Bureau of Vital Statistics will redact information for a parent who is listed on the birth record but either has not consented to release or is deceased but proof of death is unavailable.
Forms to Use
I have uploaded the forms that the Bureau of Vital Statistics provides, but you should also check its website to determine if the forms have been updated in any way. The forms are generally not easy to find on the bureau’s website. They are filed under Amendments and Corrections and then under the category Release of Original Birth Certificate.
Questions?
Feel free to leave questions in the comments section below. Though I cannot guarantee I can answer it, other Florida adoptees who read your comment may actually have a solid answer. Also, if you are looking for an attorney to help you petition the court in Florida for your OBC or for additional sealed records (such as court or agency records), I cannot help with that. I’m licensed to practice state law in Minnesota, but not in Florida. 🙁
I’m from North Dakota. I’m a birth mother. My daughter was born in 1972, August 17. I have never seen her original birth certificate. Her adoptive parents are deceased. I am 73. I would like to have a copy to give to my daughter and also for me. Suggestions.
When you download the forms for Florida vital statistics there is an affidavit for your daughter to complete (and have her signature notarized) and also an affidavit for you. Under current Florida law the adoptive parents are no longer relevant – it is just the birth parents who give authorization for the release.
If you had named her birth father on the original birth certificate then you will also need to have him complete an affidavit giving his permission for release of his name – or you need to provide a death certificate indicating why he isn’t able to sign.
My daughter was also born in 1972 and we were able to obtain her OBC by using these affidavits. I had downloaded and completed the information, then she and I went together for having both of our signatures notarized. It was easier for us since there was no father’s name listed so we didn’t have to deal with getting his certificate of death.
Hello,
I am a Florida born adoptee. I would like my original birth records opened so I can have my original birth certificate. Both of my birth parents are deceased as are my adoptive parents. However, I have my birth mother’s death certificate. Will having this death certificate be enough for me to get my original birth certificate from vital statistics or is a court order still required. By the way, I am 68 years old so age is not an issue.
Thank you for any advice you can provide me.
Cindy,
In your situation since you already have the death certificate of your birth mother that should be enough for getting the copy of your original birth certificate from Florida Vital Statistics. From other comments here it seems that if a father’s name was listed then it will be redacted on your copy unless you also provide a certificate of death for him.
The application for OBC is included with the download package linked above, and in addition to completing that you will need to have the affidavit notarized for your name only.
This application will ONLY provide the OBC, no other adoption documents are included so no court order is required. The document we got included a typed statement at the bottom with the adoptive parents names … so that was covered up when we recopied it for framing.
Hi! I was born in Duval county Florida. I was taken away from my birth parents at age 5. I was adopted around age 6 or 7 and my last name was changed. My adopted mother passed away when I was 10 and my adopted father went to prison. I was thrown back into foster care for a little bit then adopted a second time but they changed my first middle and last name before moving to Alabama. I was taken away by foster care at age 16 and thrown back into the system. I bounced around a few foster homes before I was finally old enough to emancipate myself. I was able to find all my siblings and my birth parents on my on through lots of research I did daily. Im now 36 years old and more then anything in the world I would really love to have my original birth certificate. I could seriously write a book about my story. I’m hoping you could help me?
Good afternoon Kaitlyn , amazing story thank you for sharing ! So happy you had the chance to find birthparents would you be able to share how you found ? I’m also trying to find my inlaws for my husband to be able to meet his birhtparents ,adoptive parents both are passed away . We only know the last name that was mentioned on a piece of paper and his weight and height and length . We don’t know the hospital but we know it was located in Miami Dade . Any help would be greatly appreciated on this journey . Wishing you the best of luck getting OBC . As from I’m ready its super difficult . Thanking you in advance
I don’t know what year your husband was born, but I came across this site today while helping someone else search for bio parents. It’s a registry that has adoptees and siblings searching for info and each other in FL. Some list hospital names, many in Miami and names of bio parents. You might check it out. This page was for FL births from 1960-1969.
https://www.gsadoptionregistry.com/florida/19601969florida.html
Kaitlyn,
You don’t mention if you are in touch with your birth parents, but sadly in Florida their permission is required before you are allowed to receive your original birth certificate. Thankfully Florida law has been changed so nothing is required by any adoptive parent!
Florida vital statistics has an application to be completed (the download link is listed above) and you will need to have your signature notarized on the Adoptee Affidavit.
You will also need to have each birth parent fill out and notarize their own affidavit – or provide a death certificate to explain the lack of signatures.
Good luck! And good job doing all that research! I know how time consuming and disheartening that can be. My daughter was 24 when I found her, so I’m sure the search for her made me stronger … but it was probably the hardest thing I have ever done.
Hi I have been trying to get my sealed adopted birth record opened for sometime now . I had the clerk of courts tell me that my info is on micro phish and they can’t find it ?? It’s very frustrating because I needed to renew my drivers license and in order to do that they want my birth certificate . I have a business and it makes it hard to do the normal daily tasks needed w: out my license . I don’t know any other way to get my birth record . My mother has passed I have her death cert and my s adoptive father lives in England . I was given his last name in Florida back in the 1977. . If you can lead me in the right direction it would mean so much to me and my family . I hope you can help .
Are you saying you cannot get your AMENDED birth certificate, the one that is issued after the adoption? Because that generally is the one that is needed for any government ID, such as a driver’s license.
I am a Florida-born infant adoptee, now 54, and I know from non-identifying information that my birth mother was 30 when she had me, so she is likely dead now, and it wasn’t known who the father was. I have recently submitted to genetic testing and have discovered a possible half-sibling, but they are also in the dark about any explanation or cause, as both their parents are deceased. What would be the best way for me to obtain my real birth record?
If you already have such a close match on DNA (a half-sister is super close) then it should be relatively easy to identify the birthparents through that connection. I would suggest finding a search angel to narrow that down and, if it appears you have a match to a deceased birthparent then the next step is to obtain a death certificate before applying for your original birth record.
I was adopted in Tampa, FL 8.30.1971 and my adoptive and birth are passed as well and I want my OBC and parental info and. health records and siblings or other possible relatives…. and want to connect to any remaining true relatives. I deserve to know my true identity ect… please advise
Carol–
This post (above) explains the process to request and obtain an original birth certificate in Florida. It takes either 1) consent of any birthparents listed on the certificate; or 2) death certificates showing that any birthparents on the record are deceased. Obviously, these requirements don’t help a lot, especially if you do not know the identity of birthparents already. But it’s the only way other than going to court to request a court order.
You can sign the affidavit in front of a notary and submit that to the Dept of Vital Statistics with a copy of the death certificates for your birth parents (usually only the mother was named on the OBC so if that’s all you have it might be enough)
Getting the OBC, however, won’t provide health records or information about relatives. You might want to look into Ancestry.com or one of the other DNA testing / match sites to see if any other relatives are in that system.
I recently used the Ancestry website at the library for some name searches. By using their login account it was free, and didn’t require me to use a credit card or give my name for access.
I have no information about my biological family, so I’m interested in getting my original birth certificate.
How do you propose I proceed?
Britt,
Due to restrictions in Florida law you would need to either get a notarized “permission slip” or a death certificate from anyone named on your birth certificate before you can see it. The alternative is to get a court order “for good cause” but not many judges find any cause good enough to unseal the records.
I would suggest starting out with a DNA search from either Ancestry or 23andMe, or one of the other genealogy sites which might lead you to other family members to assist you with the search.
Hi,
Thanks so much for all you do to help adoptees obtain the info that’s rightfully theirs, that they never should have been denied from having in the first place!
I am a natural mother who helped my son who was adopted to obtain his OBC just two years ago. At that time, the adoptive parents’ signatures were needed on the affidavit in addition to mine but I am glad to learn that now it’s just the birthparents’ signatures that are needed . .. one small step for progress!
When my son received his OBC, he was angry that his natural father’s name didn’t appear on it, that the space for the father’s name was blank. He insisted that I withheld that information at the time of his adoption even though I explained to him that I was not aware of what was on the OBC & had never seen it. He was adopted in 1969.
I just want to remind any adoptees reading this who were also adopted during the Baby Scoop Era, that mothers did not have input into what went onto the OBCs & that we were not allowed to have any knowledge of them at the time they were drawn up or after. Many things were kept from us. All they wanted were our babies.
Thanks again for the amazing work that you are doing to help adoptees!!
My husband was born a twin. He had his original birth certificate but had to give it to join the merchant marines in 1968. He would like to get another one. His twin passed away in 2017. My husband was born first is all he (really me) remembers. Both parents are deceased. Would he need their death certificates first before obtaining an original birth certificate. We have the standard one but it don’t indicate he is a twin. How do we proceed to get it?
Thank you
Janice:
Just to confirm, your husband was also adopted? If he was adopted, he would need to show that his birthparents are deceased, which is done with death certificates, but only for any parent listed on the original birth certificate.
My name is Patrick and I am 68 years old. I’ve had several major health issues in my life and have always wondered about my natural parents and if any of these health issues run in my family. I was born in Lakeland, FL in Polk county. Both of my adopted parents have passed on many years ago.
Hello! I am a Florida-born adoptee. (Just found out last year at the age of 63!) Both my adoptive parents are deceased. From what I have found out thus far, my birth father is deceased, however, my birth mother is still alive. While I respect her desire for privacy I really want to know about any health issues she has or that run in her family. Is it possible for the court to release that kind of information to me?
Hello I just have a question I did the search for my birthparents back in September 2007 through the Children’s home society Jax FL I received 3 pages of information and also found I have brother whom was also put up for adoption in 1962 I was born 1966 at the time of the search I was told he also did the 6 months prior and birthmother had denied contact with both of us until she found out they was going to tell him about me then she agreed to contact with him so they wouldn’t. tell him.. I don’t know if BP are still alive or not so how would I go about finding him? Is it even possible? Thank you
Hi! I think I might have an unusual case.. My twin sister and I were adopted together in Miami – Dade County FL in 1976. My sister has (sadly) recently passed. :((((. I am thinking I may be able to obtain HER birth certificate since she is no longer with us? Will they not release to mj bc I am her twin? How would they know? I have my birth father’s death certificate, but my birth mother has been a “missing person” for many years, according to her family. I have met her sisters, and none has any idea where she is. Likely no longer alive, as I cannot find ANY info on her. I do have her original birth certificate as well ( she was also adopted though). Any insights? Im wondering if I need to hire a lawyer and petition the court? I’ve read all the forms and it seems likely I can get her original BC. Thank you in advance.
Hello Greg:
How do you know if both mother and father were listed on the OBC? So you just have to get the signatures of both biological mother and father even if you do not know if the father was listed?
I just wanna add freaking degrading once again! Obviously if you know both of your biological parents names there’s nothing on your original birth certificate that’s going to be identifying. You’ve obviously already identified. As an adult that you have to crawl to these people like a five year old begging for something that should’ve been yours from day one to begin with is despicable, beyond degrading . Yet, here we are.