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Last updated on March 23, 2021

Legislation: Where We Stand, What You Can Do

As we move into a critical period in many state legislatures—and as the U.S. Congress moves forward in a new session—here’s where we stand and what all of us can do today.

Federal Legislation

Adoptee Citizenship Act of 2021

Where We Stand: The Adoptee Citizenship Act of 2021 has recently been introduced in the U.S. House of Representatives. It is still very early in the process, and 21 bipartisan co-sponsors have already been added to the bill. The amount of initial support for the ACA is not surprising: in the last Congressional session a total of 96 co-sponsors signed on to the House bill, though ultimately the ACA did not get a hearing in either the Senate or House. A Senate companion bill, authored by Sen. Mazie Hirono, is expected to be filed shortly.

What You Can Do: Learn more and write to your Congressional representatives. I will be providing an overview of current law and its impact on intercountry adoptees in an upcoming virtual event. The event will also include Kris Larsen and Anissa Druesedow, intercountry adoptees and activists who are leaders in the fight for passage of the ACA. If you want to understand how current law is broken and what we can do do fix it, I recommend this event.


State-Level Legislation

I already track and analyze federal and state adoptee rights legislation (see map below). Below, however, I also discuss current efforts in various states, including what you can do today to help protect or secure adoptee rights for all of us.

Jump to Arizona | Florida | Idaho | Iowa | Maryland | New England | Rhode Island | Texas

Action Needed

Rhode Island: S250

Where We Stand. This bill does three things: 1) lowers the age of an adoptee to obtain the original birth record, from 25 to 18; 2) adds the right of the adoptee’s descendants to request and obtain the OBC; and 3) for people born after June 2021, making the OBC available from the time of birth, no matter an adoption. The bill was heard in the Senate Judiciary Committee last month and held for further study, a procedure that committees in Rhode Island use to preserve leadership control over moving bills out of committee. The bill does not have any specific known opposition.

What You Can Do. Write to Senate legislative leadership, who essentially controls the movement of S250. This includes Senate President Dominick Ruggerio ([email protected]), Leader Michael J. McCaffrey ([email protected]) and Senate Whip Maryellen Goodwin, who is one of the bill’s sponsors ([email protected]). Your message can be short and simple:

I would appreciate your support of S250, which makes needed amendments to Rhode Island law related to an adopted person’s own birth record. This is an important bill to me and to thousands of adoptees and their families. I request your leadership in moving the bill forward for Senate consideration. Please let me know your position on this bill and issue.

You can copy and paste these emails:

[email protected]
[email protected]
[email protected]

Iowa: HF723

Where We Stand. House File 723 is a redaction bill which uses a “corrupt” contact preference form to allow birthparents to redact information from the adoptee’s birth record. Its companion bill is SF559, which seems to be progressing through the Senate without a hitch. The House bill, however, appears stalled in the Ways and Means Committee and has not been given a hearing. This creates a possible chance to kill this discriminatory bill.

What You Can Do. Write to Representative Lee Hein, the chairman of the House Ways and Means Committee. Be short and sweet and say that, as an adoptee (or birthparent or adoptive parent) that you oppose the bill. Specifically state that the bill does not have broad support of adoptees, birthparents, and adoptive parents. Email him at [email protected] or call his office at (515) 281-3221. A message you can use or copy and paste is:

Dear Chairman Hein:

I am an adopted person. I write in opposition to HF723. It does not have the support of most adoptees, birthparents, and adoptive parents. I ask that you refuse to give HF723 a hearing in your committee.

Arizona: HB2070

Where We Stand. HB2070 is a discriminatory bill that would create a new “donut-hole” in the state, eliminating adoptees born between 1968 and 2022 from the right to request and obtain their own original birth records. This graphic pretty much sums up the bill:

What You Can Do. The American Adoption Congress has an action alert on Facebook that I encourage you to follow. It provides suggested language and the emails of both House and Senate legislators (my recommendation would be to send only to state senators, as the bill already passed the House and is currently moving toward floor consideration in the Senate). Thanks to the AAC for putting out the alert.

Maryland: SB0331

Where We Stand. UPDATED. The Judicial Proceedings Committee in the Senate passed SB0331 out of committee with a DO PASS recommendation. It is set to hit the Senate floor for consideration as early as March 24. Please see “What You Can Do” immediately below.

waving colorful national flag of maryland state.

What You Can Do. Sign up with the Capitol Coalition for Adoptee Rights (CCAR) to get more involved in Maryland, as well as involved in Virginia and the District of Columbia. Adoptee Rights Law Center is a core partner in CCAR. You can also follow efforts with Maryland Adoptee Rights on Facebook. Maryland Adoptee Rights is also a core member of the regional coalition.

Active Pending Bills (No Urgent Action Needed)

Texas: HB1386/SB1877

Where We Stand. These bills are short and concise and will secure equality for all adult adopted people. They deserve broad and active support from all adopted people and their allies. HB1386 was recently heard in the Public Health Commitee, with very strong support from testifiers, including House sponsor Rep. Cody Harris. A recent Texas Monthly article also calls attention to broad support for adoptee equal rights, including expressed support from Gladney Adoption Center President Mark Melson (Gladney’s counsel has also expressed public support for OBC bills generally, though she has not yet expressed specific support for HB1386/SB1877). A vote is likely on the bill in committee on March 24.

What You Can Do. The best thing you can do is sign up for email alerts and other information from Texas Adoptee Rights Coalition, of which Adoptee Rights Law Center is a core partner. Or reach out to Shawna Hodgson, the spokesperson for TXARC. And in unprecedented cooperation and commitment to equal rights, TXARC entered into a collaborative agreement with Support Texas Adoptee Rights to work jointly for passage of a genuine equal rights bill in the state.

Florida: HB1333/SB1700

Where We Stand. I’ve written a lot about Florida and prior legislative efforts in the state, most recently here (and a more comprehensive report about the state here). My thoughts have not changed, and they can essentially be boiled down to this: the current political makeup of the Florida legislature (and the governor’s office for that matter) guarantees a disastrous result for adoptees if anyone attempts to push an equal rights bill through legislative committees. It will end badly. The current effort today— with two bills, HB1333 and SB1700—will end that way. You don’t have to trust me, but all I ask is you be careful about what you are told, demand the underlying commitment of people who support and promote the bills, and choose equal rights for all adopted people over short-sighted expediency “just to do something.”

What You Can Do. My only recommendation is to get your information from trusted people who are committed to equal rights for all adoptees. One such source is Florida Adoption Information Reform (FAIR), a private Facebook group. You can also always check back with me here, contact me for thoughts, or follow Adoptees United for details of any pending bills. And Bastard Nation will always tell it like it is. If the bill does get amended to add discriminatory provisions, expect a request from me to contact legislators to ask that they oppose the discriminatory bill.

Idaho: H59

Where We Stand. House Bill 59, a discriminatory prospective-only bill, has been sent to the Senate’s 14th Order calendar, where committees send bills for amendment. The amendments are being requested by the Senate Judiciary committee and relate to potential addition of more discriminatory provisions, likely centered around medical information or parental permission for release of a birth record. The bill is languishing on the current calendar and—given a sudden two-week recess due to a COVID-19 outbreak in the legislature—it’s unclear if any attention will be given to the bill once legislators come back into session, which was originally slated to end on April 2.

What You Can Do. Be cognizant of this bill’s status as discriminatory and likely getting worse—if further attention is given to it. I’ve spoken with the sponsors and don’t question their commitment to pass the current unamended bill, but that commitment is to keep the bill prospective only and “come back” the following session with a retroactive bill. Now that the bill is generally out of their control and up for further requested amendments, the best route is to let it die to prevent those further discriminatory amendments to be added. If you are inclined to write the sponsors—Rep. Julianne Young and Rep. John McCrostie—do so and request that they allow H59 to die and to work toward equal rights for all adoptees in another legislative session.

Connecticut, Massachusetts, and Vermont

Where We Stand. Four New England states are active this session, and that includes Rhode Island (see above) plus bills in Connecticut, Massachusetts, and Vermont. The Connecticut and Massachusetts bills relate to removal of date-based restrictions, while the Vermont bill proposes a “study” of the issue.

What You Can Do. Follow Access Connecticut for news and efforts in that state, as well as Access Massachusetts for legislative updates in Massachusetts. And consider joining a newly formed group New England Adoptee Rights, which is working to support efforts in all of the New England states. NEAR is a project with support from Adoptees United and is currently led by an adoptee in Vermont.

Dead Bills

Minnesota: SF328/HF470

An equal rights bill in Minnesota received a hearing but did not move out of committee before deadline. It is now dead. Minnesota has a two-year framework for its sessions, with the first year largely dedicated to budgetary issues, while the second year is better suited to consider policy issues. The 2022 session is considered the policy session and the two current equal rights bills will carryover to that session. You can sign up with me to pitch in for Minnesota, where I am based and where I testified on four different occasions this past session.

Two bills in Mississippi have also died. More details about them are here.


Legislative Map

2021 Legislation Placeholder
2021 Legislation
https://adopteesunited.org/legislation/domestic/#md
https://adopteesunited.org/legislation/domestic/#ms
https://adopteesunited.org/legislation/domestic/#tn
https://adopteesunited.org/legislation/domestic/#az
https://adopteesunited.org/legislation/domestic/#in
https://adopteerightslaw.com/iowa-redaction-bill-faq/
https://adopteesunited.org/legislation/domestic/#mn
https://adopteesunited.org/legislation/domestic/#ct
https://adopteeesunited.org/legislation/domestic/#vt
https://adopteesunited.org/legislation/domestic/#id
https://txarc.org/introducing-texas-hb1386/
https://adopteesunited.org/legislation/domestic/#ma
https://adopteesunited.org/legislation/domestic/#ri
https://adopteesunited.org/legislation/domestic/#ny
https://adopteesunited.org/legislation/domestic/#wv
https://adopteesunited.org/legislation/domestic/#fl
https://adopteesunited.org/legislation/domestic/#wi

Filed Under: Latest News Tagged With: Action Alert, Legislation

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. Sandra Shaw says

    March 25, 2021 at 10:56 am

    For those of us adopted in DC we can support statehood for DC. Thank you Greg for all the hard work you put into this.
    Roslyn SHINKO-Barr
    Aka. Sandra Shaw

    Reply
  2. Tony Lee Ross says

    April 19, 2021 at 2:01 am

    I once had a sense of humor.

    Reply
  3. Teresa A Blevans says

    April 27, 2021 at 12:49 pm

    I just came across your awesome website today. Long story about how and why that happened. Just happy it did. You’re doing some awesome stuff.
    Im an adoptee. Have always wanted to and have never gotten on the ball to find out how. I would love some medical history and any other personal info on my biological parents. Not necessarily names, addresses etc. Not concerned with actually meeting anybody. Disrupting anybody’s lives. Just would love some background info concerning health, medical issues, etc.
    Sadly, I live in California. From what I’m learning, not a very open minded state when it comes to this sort of thing.
    I have adoption court records, pamphlet from adoption agency, state run I think. How do I begin? By petitioning the court that officiated over the adoption first? Do I ask for birth certificate? Or explain to them what I just told you?
    I appreciate any guidance.

    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.

Contact Me

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.

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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