Summary
Adult adoptees in Idaho do not have an unrestricted right to request and obtain their own original birth certificates. Records are available only by court order or conditionally through a state-operated “voluntary adoption registry,” which further discriminates based on the date of an adoption, with greater rights for people adopted after June 30, 2022. Disclosure of an original birth certificate through the registry may also be subject to redactions and required consent of one or both birth parents, among other issues.
Idaho’s New Discriminatory Law: a FAQ
A new law in 2022 created an even more complex and discriminatory framework for adult adopted people who seek their own original birth certificates. It is a prospective-only law that applies only to adoptions finalized on or after July 1, 2022. More information is available through a FAQ here.
Court adoption records are sealed by the court or if requested by adoptive parents. Adoptive parents or the adopted person may petition the court to unseal the records, though state law is silent on what factors a court considers in determining whether to allow an adoptee to inspection court adoption records.
Relevant Idaho Law: Original Birth Certificates
39-258. Adoption of Persons Born in Idaho—New Birth Certificate Issued to Replace Original Certificate—Procedure—Adoption Proceedings Not Open to Inspection with Certain Exceptions—Duties of the Clerks of Courts Issuing Adoption Decrees—Duties of State Registrar of Vital Statistics
(1) Whenever a final decree of adoption, issued by an Idaho court, declares a person born in Idaho to be adopted by someone other than his or her natural parents, the court shall require the preparation of a report (denominated as a certificate in accordance with Idaho court rules) of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth for the person adopted; and shall identify the order of adoption and be certified by the clerk of the court.
(2) Information necessary to prepare the report of adoption shall be furnished by each petitioner for adoption or the petitioner’s attorney. The provision of such information shall be prerequisite to the issuance of a final decree in the matter of the court.
(3) The report of adoption shall, within fifteen (15) days after becoming final, be recorded by the clerk of the court with the bureau of vital records and health statistics in the state department of health and welfare.
(4) If a court of some other state issued a decree or report of adoption of a person actually born in Idaho, the certified copy or report may be similarly filed by the person involved or by the adoptive parents. Failure to file certified copies or reports of said decrees within said period of time, however, shall not bar issuance of a new birth certificate as hereinafter provided. This copy of said decree or report shall be filed with and remain a part of the records of the bureau of vital records and health statistics.
(5) Upon receipt by the bureau of vital records and health statistics of the certified report of adoption, a new certificate of birth shall be issued (but only in cases where such person’s birth is already recorded with the bureau of vital records and health statistics) bearing among other things the name of the person adopted, as shown in the report of adoption, except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person. No such birth certificate shall have reference to the adoption of said person. Such birth certificate shall supplant and constitute a replacement of any birth certificate previously issued for said person and shall be the only birth certificate open to public inspection.
Provided however, upon good cause shown and the affidavit of the adoptive parents that a diligent search has been made, but no certificate of birth for the adoptive child can be located, the magistrate judge may order the adoptive child examined, at the expense of the adoptive parents, by a doctor of medicine licensed by the state of Idaho. The examination will be conducted pursuant to rules promulgated by the state board of health and welfare for the purpose of determining those matters required for the issuance of an original birth certificate. Upon the examination of the doctor made pursuant to the rules of the state board of health and welfare, the court may order the bureau of vital records and health statistics to issue an original birth certificate for the adoptive child based upon those facts determined by the examination and included in the court’s order. In such case a certified copy of the court order shall be provided to the bureau of vital records and health statistics.
(6) In respect to form and nature of contents, such a new birth certificate shall be identical with a birth certificate issued to natural parents for the birth of a child, except that the adoptive parents shall be shown as parents and the adopted person shall have the name assigned by the decree of adoption as shown on the report of adoption. In a case where a single person adopts another person, any new birth certificate may designate the adopting parent as adoptive.
(7) Whenever an adoption decree is amended, annulled, or rescinded, the clerk of the court shall forward a certified copy of the amendment, annulment, or rescindment to the bureau of vital records and health statistics in accordance with the time provisions in subsection (3) of this section. Unless otherwise directed by the court, the bureau of vital records and health statistics shall amend the certificate of birth upon receipt of a certified copy of an amended decree of adoption. Upon receipt of a certified copy of a decree of annulment or rescindment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of record of this state.
(8) All records and information specified in this section, other than a new birth certificate issued hereunder, and all records, files, and information of any court in this state relating to adoption proceedings shall not be open to inspection except as provided in section 39-259A, Idaho Code, or upon the order of a court of record of this state; provided however, that the provisions of section 16-1616, Idaho Code, to the contrary notwithstanding, any magistrate judge may furnish a certified copy of a decree of adoption to any duly authorized agency of the United States or the state of Idaho without procuring any prior court order therefor.
(9) For adoptions that occur on or after July 1, 2022, the provision of this section shall apply, except that:
(a) The natural or adoptive parentage of each parent shall be demonstrated as determined by the registrar on the face of a new birth certificate described in subsection (6) of this section; and
(b) A copy of the original birth certificate, all medical and demographic information contained in the sealed file, and the report of adoption must be provided upon the signed request, on a form prescribed by the registrar, of the adoptee who is named on the birth certificate or such adoptee’s legal representative, provided that:
(i) The adoptee must be eighteen (18) years or older;
(ii) The documents referenced in this paragraph will be released to the adult adoptee upon completion of the voluntary adoption registration process. In the event of a match on the voluntary adoption registry, a minimum thirty (30) day waiting period will apply, during which time a registered birth parent may:
1. Indicate a preferred method of contact, which method will be communicated to the adoptee at the time the documents are released;
2. Request no contact, which request will be communicated to the adoptee at the time the documents are released; or
3. Request that the registered birth parent’s name be redacted before records are released, which request shall be effective for five (5) years. After the five (5) years have elapsed, the adoptee may again request documents according to this paragraph, and all provisions of this paragraph shall apply; and
(iii) The bureau of vital records and health statistics is not obligated to provide court records to the adoptee under the provisions of this paragraph.
39-259. Adoption of Persons Born in Foreign Countries
(1) When it appears from a final decree of adoption issued by an Idaho court that a person born in a foreign country has been adopted in Idaho by someone other than the person’s natural parents, the court shall require the preparation of a report (denominated as a certificate in accordance with Idaho court rules) of adoption on a form prescribed and furnished by the state registrar. The report shall contain evidence from sources determined to be reliable by the court as to the true or probable date and place of birth and parentage of such person; shall provide information necessary to establish a new certificate of birth for the person adopted; and shall identify the order of adoption and be certified by the clerk of the court. Upon receipt by the state registrar of vital statistics of the report of adoption, the state registrar of vital statistics shall make and file a new birth certificate for the child when requested to do so by the court decreeing the adoption, the adoptive parents, or the adopted person. The new birth certificate shall show the true or probable foreign country (and city, town, village or other local designation, if known) of birth and the true or probable date of birth as established by the court and shown on the court report of adoption, the child’s new name and parentage as stated in the report of adoption, and any other necessary facts as required by the state registrar. This birth certificate shall not be evidence of United States citizenship. The form and content of the certificate of foreign birth shall be established by the director.
(2) All records and information specified in this section, other than a new birth certificate issued hereunder, and all records, files, and information of any court in this state relating to adoption proceedings, shall not be open to inspection except as provided in section 39-259A, Idaho Code, or upon the order of a court of record of this state; provided however, that the provisions of section 16-1616, Idaho Code, to the contrary notwithstanding, any probate court, or the judge thereof, may furnish a certified copy of a decree of adoption to any duly authorized agency of the United States or the state of Idaho without procuring any prior court order therefor.
(3) The report of adoption shall, within fifteen (15) days after becoming final, be recorded by the clerk of the court with the bureau of vital records and health statistics in the state department of health and welfare.
(4) Whenever an adoption decree is amended, annulled or rescinded, the clerk of the court shall forward a certified copy of the amendment, annulment or rescindment to the bureau of vital records and health statistics in accordance with the time provisions in subsection (3) of this section. Unless otherwise directed by the court, the bureau of vital records and health statistics shall amend the certificate of birth upon receipt of a certified copy of an amended decree of adoption. Upon receipt of a certified copy of a decree of annulment or rescindment of adoption, the Idaho birth certificate shall be removed from the file and along with the decree of annulment or rescindment shall be placed in the sealed file for that person. Such sealed file shall not be subject to inspection except upon order of a court of record of this state.
(5) For adoptions that occur on or after July 1, 2022, the provision of this section shall apply, except that:
(a) The natural or adoptive parentage of each parent shall be demonstrated as determined by the registrar on the face of a new birth certificate described in subsection (6) of this section; and
(b) A copy of the foreign birth certificate, if available, all medical and demographic information contained in the sealed file, and the report of adoption must be provided upon the signed request, on a form prescribed by the registrar, of the adoptee who is named on the birth certificate or such adoptee’s legal representative, provided that:
(i) The adoptee must be eighteen (18) years or older;
(ii) The documents referenced in this paragraph will be released to the adult adoptee upon completion of the voluntary adoption registration process. In the event of a match on the voluntary adoption registry, a minimum thirty (30) day waiting period will apply, during which time a registered birth parent may:
1. Indicate a preferred method of contact, which method will be communicated to the adoptee at the time the documents are released;
2. Request no contact, which request will be communicated to the adoptee at the time the documents are released; or
3. Request that the registered birth parent’s name be redacted before records are released, which request shall be effective for five (5) years. After the five (5) years have elapsed, the adoptee may again request documents according to this paragraph, and all provisions of this paragraph shall apply; and
(iii) The bureau of vital records and health statistics is not obligated to provide court records to the adoptee under the provisions of this paragraph.
39-259A. Voluntary Adoption Registry for Providing Limited Access to Birth Information of Adult Adoptees
(a) The state registrar of vital statistics shall establish and maintain a confidential list of qualified adult adoptees who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified adult adoptee shall be accompanied by the adoptee’s desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified adult adoptee desires release of his identifying information if a match occurs after his death. The qualified adult adoptee may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed adoptee. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with the provisions of this section.
(b) The state registrar of vital statistics shall establish and maintain a confidential list of qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified birth parent shall be accompanied by the birth parent’s desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified birthparent desires release of his identifying information if a match occurs after his death. The qualified birth parent may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed birth parent. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with the provisions of section 39-258(8) and 39-259(2), (3) and (4), Idaho Code. Any birth parent who, in terminating his parental rights, used an alias and this alias is listed in the original sealed birth certificate, may also file a consent with the registry. A birth parent shall not be matched with a qualified adult adoptee without the consent of the other birth parent unless:
(1) There is only one (1) birth parent listed on the birth certificate; or
(2) The other birth parent is deceased; or
(3) The other birth parent is unable to be located by the department of health and welfare or by a licensed child placement agency designated by the department of health and welfare, after a search, which shall consist, at a minimum, of a certified letter to the other birth parent at the last known address and a newspaper advertisement made in the county of the last known address; such search to be completed within ninety (90) days and the cost of said search to be fully funded and completed by the birth parent seeking a match; said search to be in accordance with the rules and regulations promulgated by the department.
(c) The state registrar of vital statistics shall establish and maintain a confidential list of qualified adult birth siblings who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified birth sibling shall be accompanied by the birth sibling’s desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified birth sibling desires release of his identifying information if a match occurs after his death. The qualified birth sibling may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed birth sibling. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with the provisions of sections 39-258(8) and 39-259(2), Idaho Code, and this section.
(d) The state registrar shall maintain a confidential list of relatives of deceased qualified adult adoptees and relatives of deceased qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by such relative shall be accompanied by the person’s desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Such relative may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed relative. The state registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with the provisions of this section.
(e) The state registrar shall regularly review the lists provided for in subsections (a), (b), (c), and (d) of this section and any other nonsealed administrative files or records within the office to determine if there is a match. If it appears that a match has occurred, then and only then is the registrar authorized to proceed to confirm the match through recourse to sealed documents on file in the office of the registrar. When a match is confirmed, the registrar shall notify each party, by its designated method only, prior to an exchange of identifying information. Nothing in this section shall be construed to allow any state or local governmental department, agency, or institution, or any employee thereof, to solicit any consent for the release of identifying information.
(f) When a match is made and both the adopted person and the birth parent or parents submit to the state registrar a notarized request for a copy of the original birth record of the adopted person, the state registrar shall issue such copy, marked “NOT FOR OFFICIAL USE” at the usual cost of certificate copies.
(g) Nothing in this section shall be construed to allow the registrar to issue a copy of the original birth certificate to any registrant, except as provided for in subsection (f) of this section.
(h) Except upon order of a court of record of this state and notwithstanding any other provision of law, the information acquired by the registry shall not be disclosed under its public records law, sunshine or freedom of information legislation, rules, or practice.
(i) The initial fee to be charged each person requesting that his name be placed on the list provided for in subsections (a), (b), (c), and (d) of this section, and for the services provided by the registrar in establishing and implementing the registry pursuant to this section, shall be ten dollars ($10.00). Except for the cost of the search described in subsection (b)(3) of this section, the fee shall cover all direct and indirect costs incurred pursuant to this section. The state board of health and welfare shall annually review the fees and expenses incurred pursuant to this section and, as needed, adjust the fees charged to cover the expenses of administering the provisions of this section.
Relevant Idaho Law: Court Adoption Records
16-1511. Sealing record of proceedings
Upon the motion of petitioners, or upon its own motion the court shall order that the record of its proceedings in any adoption proceeding shall be sealed. When such order has been made and entered the court shall seal such record and thereafter the seal shall not be broken except upon the motion of petitioners or the person adopted; provided, however, that such record may be sealed again as in this section provided.
