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Last updated on January 29, 2022

Iowa’s New Redaction Law: FAQ

Iowa Governor Kim Reynolds signed HF855 into law on May 19, 2021. The new law allows all adopted people to apply for their own original birth certificates but creates a discriminatory right for birthparents to request redaction of their information on the record. Here’s how the law works, as of January 1, 2022.

What does the new law do?

The law allows Iowa-born adult adopted people to request and obtain their own original birth certificates, subject to the right of a birthparent to redact information on the record and on medical history forms.

Who can request a copy of the original birth certificate?

The law creates two general categories of people who can request a copy of the adopted person’s original birth certificate:

The Adopted Person

All adopted people born in Iowa may apply for their original birth certificates beginning January 1, 2022, though the OBC is subject to birth parent redaction requests.

Application/Info
“Entitled Persons”

If the adopted person is deceased, an “entitled person” may request a copy of the OBC. An entitled person is defined as “the spouse . . . or an adult related to the adopted person . . . within the second degree of consanguinity.” This means a spouse as well as great grandparents, great grandchildren, aunts, uncles, nieces, nephews, grandparents, parents, siblings, and children of the adopted person.

How old do I have to be to apply for my OBC?

If you are the adopted person, you must be at least 18 years of age.

Will the copy of my original birth certificate be altered or restricted in any way?

Potentially. A birthparent named on the record may complete and file a corrupt contact preference form and choose the following option:

I do not want to be contacted. I request that my personally identifiable information be redacted from the noncertified copy of the original certificate of birth and my contact preference form.

If such a contact preference form is filed, information on the copy of the original birth certificate will be redacted. This is also true of any medical history form that a birthparent files. They may request redaction from that form as well.

When will the corrupt contact preference forms be available for birthparents to file?

The corrupt contact preference forms became available immediately upon enactment of the law on May 19, 2021. The law further requires the Iowa Department of Public Health to create a public awareness and notification period to promote awareness of the law and to allow time for a biological parent to file contact preference and medical history forms.

Does this mean I should apply for my OBC as soon as possible?

Yes. Whoever files first wins, meaning a birthparent who files a redaction request before an adooptee applies for the OBC will be able to redact their information.

What do you mean by a “corrupt contact preference form?”

A corrupt contact preference form is a contact preference form that in practice and reality may be used to prohibit the release of an OBC or to redact identifying information on an OBC. It is not a true contact preference form, which is completed by a birthparent and should have no effect on the release of the adopted person’s unaltered original birth record. Other states with corrupt contact preference forms include Illinois, Indiana, Missouri, and Washington.

Is the copy of the Original Birth Certificate a certified record?

No. The copy that is provided—including any redactions requested by birthparents—will be a noncertified copy. This typically means it will be printed on plain paper (not on colored security paper) and it will not be embossed or stamped as containing the true facts recorded in the issuing office. Interestingly, in Iowa certified copies of vital records are available for genealogical purposes so long as the registrant is deceased.

Where is the form that I use to apply for my original birth certificate?

The Iowa Department of Public Health page for forms related to requests and birthparent contact preference forms is here. The form that you want is entitled Application to Request a Noncertified Copy of Original Certificate of Birth Prior to Adoption. It is available here.

The application form does not ask for my birthparents’ names. Do I need that information to apply for my original birth certificate?

No. To apply, follow the directions on the form, which does not ask for birthparent names. The department of health will search for your original birth certificate using your currently known information, including your date of birth and your adoptive parents’ names. The original birth certificate is linked to your current (amended) birth certificate, so there is no need to know or enter your birthparents’ names in order to apply for the original birth record.

How long will it take to obtain a copy of my original birth certificate?

The Iowa Department of Public Health is estimating at least six weeks to provide an original birth record to the adult adoptee or entitled person, subject to date-based restrictions and redaction of information on the record.

Can birthparents file redaction requests at the time of their child’s relinquishment or termination?

Yes. The law does not restrict a birthparent’s option to file a redaction request. They may do so at any time and they may also withdraw and refile a different corrupt contact preference form at any time. In addition, birthparents will be given a contact preference form prior to termination of parental rights or relinquishment of their child, and any completed contact preference form will be attached to all termination of parental rights orders. In other words, redaction requests will be allowed for past and future adoptions no matter the date of the adopted person’s birth.

What if one birthparent files a redaction request and the other parent does not?

The law provides that, upon a birthparent’s request, “personally identifiable information be redacted from the noncertified copy of the original certificate of birth.” Presumably, if two parents are listed on the original birth certificate and only one requests redaction, any personally identifiable information about that parent would be redacted. The scope of such a redaction request, however, is not yet fully known.

Could my own name be redacted?

Possibly. It’s likely your last name at birth will be redacted if it matches the last name of a parent listed on the birth certificate and that parent has requested redaction of their personally identifiable information. This is not yet fully known.

If a birthparent files a redaction request and that birthparent then dies, will my original birth certificate still be redacted?

Yes, unless the state interprets the law to remove redactions in the event of the birthparent’s death. The law, however, does not make an exception to redaction if the birthparent who requested the redaction is deceased. This is called a “zombie veto.”

What is the medical history form?

The medical history form is a form the Department of Health will develop and on which “a biological parent may provide the medical history of the biological parent and any blood relatives.” It is not required to be filed.

What is included with any filed medical history form?

If a birthparent files a medical history form, there are four options from which to choose:

  1. “I am not aware of any medical history of any significance.”
  2. “I prefer not to provide any medical information at this time.”
  3. “I wish to provide the following medical information included on the attached form.”
  4. “I wish to provide the following medical information included in the attached form. However, I request that my personally identifiable information be redacted from the medical information form prior to its release[.]

How much will it cost to apply for the original birth certificate?

$15.00. The fee to request a noncertified copy of the original birth certificate “shall not exceed the fee established for issuance of a certified copy of a certificate of birth.”

How do I apply for my original birth certificate?

Forms and information are available online with the Iowa Department of Public Health.

Can I apply for my OBC online?

No. Currently, people who apply for the original birth certificate must do so by mail or in-person.

Where is a copy of the original bill?

As part of my work with Adoptees United Inc., I track and analyze state and federal legislation related to adoptee rights. You can find a copy of the Iowa bill and a description of its history and impact here. The information is reviewed and updated each day.

Do you have a flowchart?

Yes. Of course. 🙂

Note: the law also provides the ability for “entitled” persons to request the original birth certificate so long as the adopted person is deceased.

Filed Under: Latest News Tagged With: 2022 Laws, Corrupt CPF, Iowa, Legislation, Redaction

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.

Get Involved with Adoptees United Inc.

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

Did I Miss Something?

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

 

Reader Interactions

Comments

  1. Cynthia Miller says

    May 18, 2021 at 6:53 pm

    If my birth father is deceased and likely birth mother a citizen outside USA, will that have any bearing?

    Reply
    • Gregory D. Luce says

      May 18, 2021 at 7:25 pm

      It’s really dependent on the adoptee’s date of birth (whether prior to 1971) and whether a birthparent files a redaction request. If you were born prior to 1971 you are probably going to get a copy of your birth certificate without redactions. But it’s not guaranteed.

      Reply
  2. Jeff Short says

    May 19, 2021 at 2:07 pm

    I was born in 1969. My birth mother worked with an adoption agency and when I was born, I left the hospital 10 days later with my adoptive parents. In this case, is there an “original” birth certificate? Since I had adoptive parents at birth, was there even a bc issued with birth parent information? Or, do I need to make (pay for) a request to find out?

    Reply
    • Gregory D. Luce says

      May 19, 2021 at 2:46 pm

      It would be very unlikely that you did not have an original birth certificate naming your biological mother as your mother. Even if your adoptive parents took custody of you from the hospital, the hospital had a legal obligation to record the facts of your birth.

      Reply
  3. Jane Hrabak says

    May 23, 2021 at 4:50 pm

    I’m confused. I was born in 1951… my BC has only my adoptive parents listed. Back then there were more babies up for adoption, however to look at my BC one would never know. I’ve always wanted to know for health reasons- and for what my Son’s might be passing on.

    Reply
    • Gregory D. Luce says

      May 23, 2021 at 8:05 pm

      Hi, Jane. You have an original birth certificate in addition to the current birth certificate that lists your adoptive parents as your parents. The original often lists the names of birthparents but often only the mother. This new Iowa law allows you to apply for that record, though a birthparent listed on the record can ask that his or her personally identifiable information be redacted (removed) from the record.

      I hope this helps. I also have a short article about original birth certificates that goes into a little more detail. You can find that here.

      Reply
  4. Roger Litchfield says

    July 7, 2021 at 3:17 pm

    This new Iowa law is HF855!
    Does it pertain to obtaining a Certified Copy of a Birth Certificate or just a vanity record for purpose of knowing this information?

    Reply
    • Gregory D. Luce says

      July 8, 2021 at 6:15 am

      It is a noncertified record, meaning it is printed on plain paper, not security paper.

      Reply
  5. Stacy Soms says

    January 20, 2022 at 11:14 am

    Since I was born in 1948 would I qualify to get an original Birth Certificate and not one from the bureau of Vital Statics?

    Reply
  6. Kenny says

    January 21, 2022 at 1:13 am

    I was addopted in Grand Rapids Mich. And because of the month i was born i may never find out about my real family and that sucks bad

    Reply
  7. Lenice Mercer says

    March 7, 2022 at 1:23 am

    Can adoptions be “overturned “? My Dad remarried after my mother died. She had 3 kids as he did. They did a cross adoption, meaning he adopted her 3 kids and she adopted the 3 of us. My biological siblings and I want to nullify the adoption so our biological mother is on our birth certificate. Is this possible?? Thanks in advance.

    Reply
    • Gregory D. Luce says

      March 8, 2022 at 11:23 am

      They are very hard to undo, though it is an issue I am researching and working on. I don’t have a lot more detail than that but it is being pursued as a right.

      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.

Latest Posts

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Contact Info

Adoptee Rights Law Center PLLC
PO Box 19561
Minneapolis Minnesota 55419
T: (612) 221-3947
E: [email protected]

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

Iowa Advocacy/Caselaw

Iowa Adoptee & Family Coalition supported the birthparent redaction provisions in current 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

Legislative Tracking

I also monitor federal legislation related to intercountry adoptees.

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