Louisiana's Equal Rights Law: FAQ - Adoptee Rights Law Center

Louisiana enacted a new law in 2022 that restores an adult adopted person’s right to request and obtain copies of their own original birth certificate. Here’s how it works and who can apply.

Does this mean I can now get my own original birth certificate in Louisiana?

Yes, yes it does, as of August 1, 2022.

Does the new law apply equally to all adopted people born in Louisiana?

Yes. All Louisiana-born adopted people today have an unrestricted right as adults to request and obtain copies of their own original birth certificates. The new law eliminates prior requirements to petition the court for an order to obtain your own birth record.

How old do I have to be to request my own OBC?

Twenty-four.

Why do I have to be twenty-four years of age to request a copy of my own pre-adoption birth record?

Louisiana’s unique and complicated “forced heirship” laws generally impact estate planning or intestate issues involving any heir under 24 years of age, even heirs who have been adopted. Legislators and advocates agreed on age 24 so that the bill would pass.

Who else can apply for the OBC other than the adopted person?

The new law applies only to Louisiana-born adult adopted people who are at least 24 years of age. It does not apply to any of the adopted person’s family members, whether by birth or through adoption.

How and where do I apply?

The application forms and more information about the process is on the Louisiana Department of Health website here. You must complete the form entitled Adoptee Application for Pre-Adoption Birth Certificate and mail it to:

Louisiana Vital Records
ATTN: Pre-Adoption Certificates
P.O. Box 60630
New Orleans, LA 70160

Form used by Louisiana Department of Health for applying for a pre-adoption birth record. Links to the form are in the main text of the article

I can’t print out the form or use it. What should I do?

You may send a letter, with the fee, containing the following information:

Your full name as it appears on your current legal birth certificate (your amended birth certificate);
Date of birth;
Parish of birth;
Full maiden name of mother as it appears on your current legal birth certificate (this is almost always your adoptive mother);
Full name of father as it appears on your current legal birth certificate (this is almost always your adoptive father);
Your mailing address and telephone number where you can can be reached during the day
Your original signature and date of signature

Remember, the state uses your current information on your post-adoption birth record to find your original birth certificate. You do not need to know the names of your birthparents in order to apply for the OBC.

How much does it cost to apply?

It costs $15.00 per copy for each original birth certificate. NOTE: a 50 cent transaction fee also applies no matter how many copies you order. Don’t forget to add the 50 cent transaction fee to the total.

What will I receive when I apply for the original birth certificate?

You will receive up to two documents:

a non-certified copy of your original pre-adoption birth certificate;
a birthparent contact preference form that a birthparent may have completed and filed.

What is a contact preference form and how does that affect the release of the original birth certificate?

A genuine contact preference form allows a birthparent listed on the birth certificate to express a preference for any contact with the adopted person or the adopted person’s descendants. The Louisiana form has the following three choices, none of which impacts the release of the original birth certificate:

(a) I would like to be contacted.
(b) I would prefer to be contacted only through an intermediary.
(c) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the state registrar.

When will contact preference forms be available to file?

They are available now and can be downloaded from the Louisiana Department of Health website here.

Can I apply for my original birth certificate online?

No. It is available by mail only.

Will any information on the original birth certificate be changed or removed?

This is not yet known, and the Louisiana Department of Health has not provided specific information on the time it may take to process and issue a copy of the OBC.

No. The law does not allow for anyone to change or remove information from the original birth record.

Will I get a certified copy of the original birth certificate?

No. It is a non-certified copy. The document will indicate on its face that it may not be used for legal purposes.

Will the information on the original birth certificate be accurate?

That’s a good question. It will reflect what was reported at the time by any legal birthparents and/or health professionals who registered the birth.

Is there a state or other group involved with this new law?

Yes. The Louisiana Coalition for Adoption Reform (Facebook page) led on-the-ground efforts to enact this new law.

Where can I read the text of the new law?

You can find the relevant portions of the law here on Adoptee Rights Law Center, which has been updated to reflect the new law. Links to the state law are also on that page but the state of Louisiana may not have updated its online statutes yet to reflect the new changes. You can read a PDF of the officially enacted law here.

Will you be updating this FAQ when necessary?

Yes, I will update this FAQ as more information becomes available or if information changes or needs correction based on what I currently understand about the new law and how it is being implemented.

Have you updated your map yet?

Yes. Louisiana is now green on the United States of OBC map. 🙂

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. Colorado-born adult adopted people 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. Adopted people born born in Hawaii 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. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain their own original birth certificates. A new law, effective August 1, 2022, restored this right. 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. The Bay State became the 12th state in the U.S. to affirm or restore the right of all Massachusetts-born adult adopted people to request and obtain a copy of their own original birth certificates. 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. Montana maintains a somewhat complex tiered system that uses an adoptee’s date of adoption as the determinant of whether an adopted person may obtain their own original birth certificate. While an original birth certificate may be available more easily to adoptees who are at least 30 years of age, 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. A 2020 law overturned 83 years of iron-clad secrecy. 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 adopted people and their descendants 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 the record. 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 born in South Dakota have an unrestricted right to request and obtain a copy of their original birth certificates. It became the fourteenth state in the United States to affirm or restore such a right, effective July 1, 2023. 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. Release of the OBC to a Texas-born adult adopted person requires a court order, with one significant exception: adoptees who are at least 18 years of age and know the names of their birthparents may obtain a non-certified copy of their OBC upon request. 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 birth records, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.

Vermont. Vermont-born adult adopted have an unrestricted right to obtain a copy of their own original birth certificates. It became the thirteenth state in the United States to affirm or restore such a right, effective July 1, 2023. 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.

Arizona. Arizona implemented a "donut hole" provision in a new law, which became effective on January 1, 2022. It allows only some adoptees to request the OBC--- based on their date of birth---but denies the right to obtain the OBC to the vast majority of Arizona-born adopted people. Read more.

Arkansas.While Arkansas law allows adult adoptees to request their adoption files, the request is subject to a birthparent's ability to redact their names on the original birth certificates. A FAQ with information about the law and its requirements and discriminatory limitations is here.