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Last updated on May 1, 2019

North Carolina

Summary

North Carolina law denies adult adoptees 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.

Relevant North Carolina Law: Adoption Records and Confidentiality

§ 48-9-102. Records confidential and sealed
(a) All records created or filed in connection with an adoption, except the decree of adoption and the entry in the special proceedings index in the office of the clerk of court, and on file with or in the possession of the court, an agency, the State, a county, an attorney, or other provider of professional services, are confidential and may not be disclosed or used except as provided in this Chapter.

(b) During a proceeding for adoption, records shall not be open to inspection by any person except upon an order of the court finding that disclosure is necessary to protect the interest of the adoptee.

(c) When a decree of adoption becomes final, all records and all indices of records on file with the court, an agency, or this State shall be retained permanently and sealed. Sealed records shall not be open to inspection by any person except as otherwise provided in this Article.

(d) All records filed in connection with an adoption, including a copy of the petition giving the date of the filing of the original petition, the original of each consent and relinquishment, additional documents filed pursuant to G.S. 48-2-305, any report to the court, any additional documents submitted and orders entered and a copy of the final decree, shall be sent by the clerk of superior court to the Division within 10 days after the decree of adoption is entered or 10 days following the final disposition of an appeal pursuant to G.S. 48-2-607(b). The original petition and final decree shall be retained by the clerk.

(e) The Division must cause the papers and reports related to the proceeding to be permanently indexed and filed.

(f) The Division shall transmit a report of each adoption and any name change to the State Registrar if the adoptee was born in this State. In the case of an adoptee who was not born in this State, the Division shall transmit the report and any name change to the appropriate official responsible for issuing birth certificates or their equivalent.

(g) In any adoption, the State Registrar may, in addition to receiving the report from the Division, request a copy of the final order and any separate order of name change directly from the clerk of court.

§ 48-9-105. Action for release of identifying and other nonidentifying information
(a) Any information necessary for the protection of the adoptee or the public in or derived from the records, including medical information not otherwise obtainable, may be disclosed to an individual who files a written motion in the cause before the clerk of original jurisdiction. In hearing the petition, the court shall give primary consideration to the best interest of the adoptee, but shall also give due consideration to the interests of the members of the adoptee’s original and adoptive family.

(b) The movant must serve a copy of the motion, with written proof of service, upon the Department and the agency that prepared the report for the court. The clerk shall give at least five days’ notice to the Department and the agency of every hearing on this motion, whether the hearing is before the clerk or a judge of the district court; and the Department and the agency shall be entitled to appear and be heard in response to the motion.

(c) In determining whether cause exists for the release of the name or identity of an individual, the court shall consider:

(1) The reason the information is sought;
(2) Any procedure available for satisfying the petitioner’s request without disclosing the name or identity of another individual, including having the court appoint a representative to contact the individual and request specific information;
(3) Whether the individual about whom identifying information is sought is alive;
(4) To the extent known, the preference of the adoptee, the adoptive parents, the adoptee’s parents at birth, and other members of the adoptee’s original and adoptive families, and the likely effect of disclosure on these individuals;
(5) The age, maturity, and expressed needs of the adoptee;
(6) The report or recommendation of any individual appointed by the court to assess the request for identifying information; and
(7) Any other factor relevant to an assessment of whether the benefit to the petitioner of releasing the information sought will be greater than the benefit to any other individual of not releasing the information.

(d) An individual who files a motion under this section may also ask the court to authorize the release by the State Registrar of a certified copy of the adoptee’s original certificate of birth.

§ 48-9-106. Release of original certificate of birth
Upon receipt of a certified copy of a court order issued pursuant to G.S. 48-9-105 authorizing the release of an adoptee’s original certificate of birth, the State Registrar shall give the individual who obtained the order a copy of the original certificate of birth with a certification that the copy is a true copy of a record that is no longer a valid certificate of birth.

§ 48-9-107. New birth certificates
(a) Upon receipt of a report of the adoption of a minor from the Division, or the documents required by G.S. 48-9-102(g) from the clerk of superior court in the adoption of an adult, or a report of an adoption from another state, the State Registrar shall prepare a new birth certificate for the adoptee that shall contain the adoptee’s full adoptive name, sex, state of birth, and date of birth; the full name of the adoptive father, if applicable; the full maiden name of the adoptive mother, if applicable; and any other pertinent information consistent with this section as may be determined by the State Registrar. The new certificate shall contain no reference to the adoption of the adoptee and shall not refer to the adoptive parents in any way other than as the adoptee’s parents.

(b) In an adoption by a stepparent, the State Registrar shall prepare a new birth certificate pursuant to subsection (a) of this section except:

(1) The adoptive parent and the parent whose relation with the adoptee remains unchanged shall be listed as the adoptee’s mother and father on the new birth certificate; and
(2) The city and county of birth of the adoptee shall be the same on the new birth certificate as on the original certificate.

The names of the adoptee’s parents shall not be changed as provided in subdivision (1) of this subsection if the petitioner, the petitioner’s spouse, the adoptee if age 12 or older, and any living parent whose parental rights are terminated by the adoption jointly file a request that the parents’ names not be changed with the court prior to the entry of the adoption decree. The Division shall send a copy of this request with its report to the State Registrar or other appropriate official in the adoption of a minor stepchild, and the clerk of superior court shall send a copy with the documents required by G.S. 48-9-102(g) in the adoption of an adult stepchild.

(c) The State Registrar shall seal the original certificate of birth and all records in the possession of that office pertaining to the adoption. These records shall not be unsealed except as provided in this Article. The State Registrar shall provide certified typed copies or abstracts of the new certificate of birth of an adoptee prepared pursuant to subsection (a) of this section to the adoptee, the adoptee’s children, the adoptive parents, and the adoptee’s spouse, brothers, and sisters. For purposes of this subsection, “parent”, “brother”, and “sister” shall mean the adoptee’s adoptive parent, brother, or sister and shall not mean a former parent, brother, or sister.

(d) At the time of preparing the new birth certificate pursuant to subsection (a) of this section, the State Registrar shall notify the register of deeds or appropriate official in the health department in the county of the adoptee’s birth to remove the adoptee’s birth certificate from the records and forward it to the State Registrar for retention under seal with the original certificate of birth in the State Registrar’s office. The register of deeds shall also delete all index entries for that birth certificate. The State Registrar shall not issue copies of birth certificates for adoptees to registers of deeds. Only the State Registrar shall issue certified copies of such records, and these copies shall be prepared as prescribed in subsection (c) of this section.

Filed Under: Original Birth Certificates Tagged With: 2017 Legislation, North Carolina, Restricted Rights, State OBC Laws

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.

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Reader Interactions

Comments

  1. John Haralson says

    February 9, 2018 at 9:01 pm

    My brother, that I never knew existed until a year ago, was born on October 20, 1947 in Asheville North Carolina, at a maternity home. His birth is registered in the North Carolina births, and I even was able to send off and get his original unsealed birth certificate. I contacted the North Carolina Adoption review board and they tell me he was not adopted in North Carolina. There also is no record of him dying..and he was not raised by the biological fathers family. On the paperwork from the maternity home it says that the plan for him was to go to Mrs. Lees Boarding house. There is and was no such place. Can you tell me what to do to find him. I have done the dna and my closest match is my second cousin. Please reply, Johnny Haralson

    Reply
    • Gregory D. Luce says

      February 10, 2018 at 6:32 am

      Very interesting. If the birth certificate was not sealed it is unlikely there was an adoption. And the reference to Mrs. Lee’s boarding house may essentially just be a house owned by a Mrs. Lee, who was the equivalent of a foster parent to children. It sounds as if this may be a half-sibling? And that Mrs. Lee cared for your brother for a time until the mother could better take care of him? Given this was 1947, it was still in the very possible realm that support was provided to the mother to get back on her feet and care for her child, not requiring her to give him up for adoption. Let us know if this scenario could make sense in what you know of other facts, but from what you are saying here I would say that he was not adopted.

      Reply
      • John Haralson says

        May 21, 2019 at 5:55 pm

        Gregory, i was born 18 months after my brother. I assume he was a half brother. My mother married my father in 1949 after I was born and her divorce was final. I contacted the family of her husband whom she was still married to at the time of my brothers birth and they knew nothing about him, or even the fact that she was married to him for 8 years at the time of my brothers birth. Please reply to me at [email protected] …i have only just now seeing your reply. ..John

        Reply
  2. Carolyn Roberts says

    February 27, 2018 at 7:43 am

    I was adopted in 1967 in NC . All records are sealed in Raleigh . I am 50 now , mature, no criminal background etc . My adoptive parents were great and also know I’m searching for Birth Mother . I have done DNA on ancestry however no leads to the mother . What can I do to get my Original Birth Certificate?? I have health questions along with many questions for the closing of the empty feeling or non completion of a normal person . It’s not fair this is being held from me !! I have the right to know ! Plez can u help ?

    Reply
    • amy varner says

      April 14, 2019 at 9:48 pm

      Carolyn – if you did ancestry.com you should be able to find your parents. email me at [email protected] and I will help you.

      Reply
    • Shannon Dulock says

      November 24, 2020 at 8:07 pm

      Hello,
      My Father recently told me and my Sister that before he met my Mother that she had a baby girl in 1967 in NC and put her up for adoption. My Mother was from Raleigh and she was 19 at time of birth. She met my Father in 1968 and they married and had me in 1972 my sister in 1973. My Father has no more info and my Mother passed away in 1990 when I was 18, and her parents have passed as well so I can’t ask them for info. I saw you’re post and thought maybe we could be a match.

      Reply
  3. Hope says

    May 15, 2018 at 9:18 pm

    I was born to an unwed mother jan of 1970 ..she married Dec of 1972 and then that man had his name added to my birth certificate. He and my mom always said he just went to the local health dept and swore on a bible that he was my natural father. They accepted that and changed the record. This was never a secret that he was not my father. My mom for various reasons could not tell me “who” was my bio father. The man who gave me his name passed away 1978. My mom passed 2015 ..I took DNA test and have found a biological father (passed 2004). I was born with my moms maiden name and seen that birth certificate when the state sent that one at my request to me. I had to have my “real” name to get divers license etc. But in this dna project I realized I would like a copy of that record. I called to see how to get it and they are telling me it is listed as adoption and therefore not open record without a court order. I pointed out that there was not an adoption. the lady agreed and said that there was a court document adding him. They had swore there was never a court visit ..just the day at the health dept adding him. What can I do to get my original birth certificate instead of the “lie” that continues

    Reply
    • Sheri says

      October 20, 2020 at 11:36 am

      Hi.
      I feel I’m in the same situtation you are or were. What did you end up doing if you don’t mind sharing.
      Thank you,
      Sheri

      Reply
  4. William says

    August 22, 2018 at 10:10 am

    I’m trying to do some research for my mother. She was born in 1959 (we think) in Raleigh but was given up for adoption and lived in an orphanage for several years before being adopted and moved to Virginia. She has never had access to her original birth certificate. When she was adopted, her adopted mother changed her birthrate, middle and last name. Later in life she found her birth mother and father but both had died. But, she has still be unsuccessful in obtaining a copy of her original birth certificate. Doesn’t NC have any way for a person to get this even when both the biological parents AND adopted parents are deceased?

    Reply
  5. Amy dillow says

    January 26, 2019 at 8:42 am

    Mother was born in Cumberland county 10/15/1955 . She’s no longer with us . I’ve been working to obtain any information . She was adopt d in Illinois . What can I do ?
    I have access to the birth registry for NC but there were 5 females born that day on the list ??? Help

    Reply
    • Alison Borbonio Flores says

      August 2, 2021 at 7:56 am

      How can you obtain access to the birth registery if you don’t mind me asking please?

      Reply
  6. Diana Gosliga says

    February 16, 2019 at 1:31 pm

    What if you are doing genealogy research and the ‘adoptee’ is deceased as well as the birth mother and adoptive father? I have a name and birth date but can’t locate anything about the biological father on Ancestry.com. Hoping there is an original birth certificate listing the bio-dad’s info. How can I get a copy of that?

    Reply
  7. Cindy L Hailey says

    April 10, 2019 at 7:38 am

    I am a NC adoptee and have found all my biological family. My bio. mother passed 6 years after our meeting. We had a good relationship and I continue to correspond and sometimes visit my half-sibs, cousins, uncle, etc. It’s all good.

    In 2015, I reunited w/my bio. father and met my half-sibs on his side. We talk via phone every other month or so and sometimes visit.

    I want to own my OBC. It’s mine and at 60+, I should be allowed to have it. This antiquated law is ludicrous. My adoptive parents are both deceased, my adoptive mother passed while I was a teenager. My father gave his blessing on me searching for my bio. parents 10 years before I actually started the search. I met my bio. mother and all her side of the family when I was 42.

    So I have all I need in that respect. There is this ONE LAST HURDLE…my OBC! How do I get it??

    Reply
    • Mia says

      October 29, 2019 at 11:41 pm

      You’re right, the law is ludicrous and antiquated. It doesn’t fit all situations and should be amended to allow for certain situations. I was adopted by my stepfather, and my bio dad was never even listed on the OBC. The only things different are my original last name, which is my mother’s maiden name (my pre school diploma has it), and “unknown” is replaced by adoptive stepfather’s name. So it wouldn’t tell me anything I don’t already know. Oh, did I mention all three are deceased? So I’m the only living person it affects. All three families know stepfather adopted me. It was never a secret. Everyone knew I existed before they ever met. Hell, I was at the wedding, in the pictures!

      Reply
      • OBC Alison Denise Lindsay says

        October 21, 2021 at 9:39 pm

        The same here this seems to one of the most ludicrous laws, with health issues and geo mapping for potential life threatening diseases this law if changed could save a life. For those of us adopted by a step parent that was abusive from 6 months after the adoption was filed until 18 years old, and mentally years after, this is a piece of mental clarity. To own your life, and identity even if you know the truth, my bio father was not listed either, do not care want a OBC with a man’s name that never earned the right to be my father. Certainly did not earn the right with first black eye at 5 years old, multiple over the years, broken jaw at 14, broken ribs at 15, removed and placed with foster family at 15 until he went twice to therapy. Protect those sealed records with everything, do not worry about the children you leave with these people.

        Reply
  8. Ginger Gaskins says

    April 23, 2019 at 12:50 pm

    If a birth certificate has been amended and it is sealed, does that automatically mean the person was adopted? I have close friend who has attempted to get his long form and when they couldn’t locate it initially, they advised it was because the original was sealed. Adoption has never been brought up…

    Reply
    • Catherine says

      June 26, 2019 at 12:12 am

      Almost certainly. There is no other reason for an original, long form BC to be sealed.

      Reply
  9. Sandra Jackson says

    May 28, 2019 at 8:19 am

    Hi!
    My paternal grandmother was born in July 1890 or 91 in Charlotte, North Carolina then was adopted at which time she was given her adopted father’s name. She grew up aware of her adoption and her biological family last name which she pasted along to her children to ensure at some point a generation of off spring would be able to connect with our biological relatives. I have searched the NC birth records records through Ancestry.com to no avail. I am not sure how adoptions were handled in that era, especially since my grandmother was bi-racial. If there are records of her birth and adoptions, how do you suggest that should proceed with my search.

    Reply
    • Steve says

      October 23, 2019 at 10:48 am

      DNA

      Reply
      • Sandra Jackson says

        October 23, 2019 at 12:58 pm

        I have done DNA through Ancestry and 23 and Me which has rendered potential relatives but none have any clue who my grandmother is or who her actual parents are or maybe. Were birth and adoption records kept for African American mixed race people during that era? If so, how could I get access to those records.

        Reply
  10. India M Shotts says

    June 29, 2019 at 12:01 pm

    So I have Tested I. Several DNA sites and Ancestry has a close match with 1293cM and DNA painter has given a few matches that have me thrown, he was born in 1963 and I in 1967. He was adopted and has no clue who his parents were or are. I have asked my dad to test and was told no, he won’t talk about family. I am trying to get my half brother to test and so far that is a no go. What can we do to find out our true relations? I am at a loss of what else to do.

    Reply
  11. Jimmy Bundy says

    August 28, 2019 at 8:55 pm

    My grandfather was adopted and has long passed. He went his whole life not knowing who his birth parents were. I took a DNA test through Ancestory and discovered that his adopted mother is a DNA match through a 4th cousin. I found out that the family that was supposed to be his maternal family is actually from his paternal side. I believe I have it pegged who his father was.

    The problem is that even though his OBC is sealed, the NC Children’s Home Society gave him limited information and the surnames of his supposed birth parents. The DNA evidence that I have strongly suggests that if the Children’s Home Society gave him honest information, the OBC may be fraudulent. My grandfather was born in 1926 and adopted in 1927. I’m thinking about filing to get his OBC released because it may in fact be wrong, especially knowing that it would have been easy to give fake names to the hospital staff in the 1920’s.

    This would make my great grandmother guilty of fraud, even though she’s been dead for 36 years. I don’t see how the DNA evidence could be wrong so I’m going to explore breaking the sealed OBC.

    Reply
    • Linda says

      June 24, 2020 at 5:50 am

      I saw this post. Did you receive any response?

      Reply
  12. Mia says

    October 29, 2019 at 11:08 pm

    I saw my original birth certificate as a child. I can tell you what was on it. Bio dad is listed as unknown (but we all know, him included). I always knew who bio dad was. We met a few times and I wasn’t impressed.

    I was raised by my biological mother, with her family. She married “the boy next door” and he adopted me. They raised me together, even after their divorce. My new bc has adopted dad’s name on it. I know all families, they all know me. I only associate with my mother’s family and adopted dad’s family. (Not healthy, nor safe to deal with bio dad’s family. Just bad news. Yes I figured this out on my own at a young age, and confirmed when the police questioned me after meeting him for the 3rd time in my life at 22.)

    After both my parents died, I met bio dad again, in my 40’s, for the 5th time. Still bad news, and I didn’t want my young son exposed to that lifestyle. I did however see him again at 50, when he was on death’s door. He died a day or two later.

    My issue is, if everyone is dead except me, his name isn’t on my obc, there are no secrets, and I already know all there is, why can’t I get my original birth certificate? What do I need to do to get this? I want it for my archives. It’s a part of who I am. I already know I was born with my mother’s maiden name. That has never been a secret either.

    The difference between the two birth certificates is my last name, and unknown (obc) is now adoptive dad’s name. It’s not as if I was in an orphanage, my mother’s husband adopted me after they were married. That’s it. No secrets.

    Reply
  13. Suzanne Rau says

    December 25, 2019 at 10:47 pm

    I was born in Asheville nc in 1948. I was adopted on july19,1951. Just this past year my daughter took a dna test and i found out I have 3 sisters and a brother (since passed). Biological parents have passed. Adoptive parents have passed. One of my sisters was also adopted. So , just the 4 sisters are alive. I was wondering how i might go about getting my obc and my sister get hers. The others were raised by the biological parents.

    Reply
  14. D TAMBASCIO says

    September 3, 2020 at 3:05 pm

    Is it true that N.C. adoption records can be OPENED to the next of kin after 100 years of the adoptee’s birth and the person adopted has died?

    Reply
  15. Kolby Cummings says

    August 29, 2021 at 11:33 pm

    How would I
    Go about unsealing my adoption records in NC I’m 20 years old I can’t get my ID Or a job due to the fact I don’t have a ID and my adoption mom won’t help me what so ever and I’m in need of OBC please help what
    Do I do

    Reply
  16. Lori Lesbott says

    September 4, 2021 at 10:50 pm

    My Aunt was put up for adoption against my grandmother’s wishes. She was in the hospital at tge time because her step-mother shot her. She was born in North Carolina, Haywood County in April of 1938. Her adopted birth certificate says the 1st, but I believe it was the 3rd. She was several months old when placed for adoption. Her adopted name was Peggy Ann Carver. I can’t remember the name my grandmother named her. She grew up one town over from my mom, and I believe her adopted parents were picked by the step-monster (my grandmother step-mother) because she used to take my grandmother to watch her play in the school yard. Anyways, through Ancestry DNA we were able to find her four daughters. She had passed away August 21, 2012 from cancer. We are in constant contact with her daughters and they are trying to figure out who there mother’s father is. It might be on her original birthday certificate. From what I have researched North Carolina is a closed state. Is there anyway to get the birth certificate since all parties have passed away.

    Lori

    Reply

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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

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