Overview
Original Birth Certificates. Ohio is a Compromised State. While Ohio law has settled down a bit after legislative reforms in 2013, significant legal restrictions remain for adult adopted people to obtain their own original birth certificates, including redaction of information and disclosure vetoes.
Ohio law on this issue is complex and confusing. In general, release of the “adoption file” depends on an adopted person’s date of adoption, broken down by several categories:
- Adoptions prior to 1964: you have the unrestricted right to obtain your “adoption file,” which should contain a copy of the original birth record;
- Adoptions from January 1, 1964, through September 17, 1996: Identifying information on the birth record and on other records may be redacted if a birthparent has previously filed a “name redaction request.” Birthparents had until March 19, 2015, to file redaction requests. Previously filed redaction requests are valid but may be withdrawn at anytime. It is not known how many name redaction requests exist.
- Adoptions after September 17, 1996: you must be least 21 years of age if you make the request or 18-20 years of age if your adoptive parent makes the request. Your adoption file will be released unless one or both birthparents have filed a “denial of release form.” Identifying information is redacted for a parent if only one of the two birth parents listed has filed a denial of release form.
Contact Preference Form. Ohio allows birthparents to file genuine contact preference forms to indicate preferences for contact with the adopted person. While a birthparent may, depending on the date of adoption, restrict release of information through name redaction requests or denial of release forms, the contact preference form does not operate as a means to deny release or redact information in the adoption file.
Zombie Veto. Ohio law does not specify that name redaction requests or denial of release forms expire or are no longer valid after a birthparent’s death. Accordingly, they appear to last beyond the death of birthparents, or what is known as a “Zombie Veto.”
Court Records. Court adoption records are sealed and unavailable except by court order. The “adoption file” held by the Ohio Department of Health may, however, contain court records.
Descendant Rights. Lineal descendants of the adopted person may request the adoption file but requests are also subject to birthparent name redactions or denial of release forms. The lineal descendant must be 18 years of age. The adopted person does not need to be deceased for a lineal descendant to request the adoption file.
Adult Adoption. Ohio law significantly limits adult adoptions. Generally, the law limits adult adoptions to circumstances that involve a disability, assisted living arrangements, stepparents, or where a prior foster-child or kinship relationship existed before the adopted person reached the age of 18.
Ohio Law: Vital Records and Birth Certificates
Relevant parts of Ohio vital records law. The entire vital records statute is here. In addition, Ohio law also treats adopted people differently based on the date of adoption. Those dates include:
Prior to January 1, 1964 • January 1, 1964 through September 17, 1996 • On or After September 18, 1996
For All Adoptions
3705.12 Issuance of new or foreign birth record after adoption—access to original record, adoption file
Upon receipt of the items sent by a probate court pursuant to section 3107.19 of the Revised Code concerning the adoption of a child born in this state whose adoption was decreed on or after January 1, 1964, the department of health shall issue, unless otherwise requested by the adoptive parents, a new birth record using the child’s adopted name and the names of and data concerning the adoptive parents. The new birth record shall have the same overall appearance as the record that would have been issued under section 3705.09 of the Revised Code if the adopted child had been born to the adoptive parents. Where handwriting is required to effect that appearance, the department shall supply the handwriting.
Upon the issuance of the new birth record, the original birth record shall cease to be a public record. The index references to the original birth record, including references that were not a public record under this section as it existed prior to the effective date of this amendment, are a public record under section 149.43 of the Revised Code. The department shall place the original birth record and the items sent by the probate court pursuant to section 3107.19 of the Revised Code in an adoption file and seal the file. The contents of the adoption file are not a public record and shall be available only in accordance with section 3705.126 of the Revised Code. For the purposes of sections 149.43 and 1347.08 of the Revised Code, the contents of the adoption file include any contact preference form, biological parent’s name redaction request form, or social and medical history accepted and maintained by the department.
The department of health shall promptly forward a copy of the new birth record to the local registrar of vital statistics of the district in which the birth occurred. The local registrar shall file a copy of the new birth record along with and in the same manner as the other copies of birth records in the possession of the local registrar. All copies of the original birth record and all other papers, documents, and index references pertaining to the original birth record in the possession of the local registrar or the probate court shall be destroyed, except that the probate court shall retain permanently in the file of the adoption proceedings information that is necessary to enable the court to identify both the child’s original birth record and the child’s new birth record.
3705.121 Adoption decreed in out-of-state court
When the adoption of a child whose birth occurred in this state is decreed by a court in another state and when the department of health has received, from the court that decreed the adoption, an official communication containing information similar to that contained in the certificate of adoption for adoptions decreed in this state, section 3705.12 of the Revised Code shall apply to the child’s case just as if the adoption had taken place in this state. The department shall place the original birth record and all papers and documents in its possession that pertain to the original birth record or to the adoption of the child in an adoption file and seal the file. The contents of the adoption file are not a public record and shall be made available only in accordance with section 3705.126 of the Revised Code. Index references to the original birth record, including references that were not a public record under section 3705.12 of the Revised Code as that section existed before September 18, 1996, are a public record under section 149.43 of the Revised Code.
(A) The department of health shall issue a foreign birth record as follows:
(1) On receipt of the items sent by a probate court pursuant to section 3107.19 of the Revised Code concerning the adoption of a person born in a foreign country, unless the adoptive parents or adopted person over eighteen years of age requests that such record not be issued;
(2) On receipt of an order issued under section 3107.18 of the Revised Code.
(B) A foreign birth record shall be the same in all respects as a birth record issued under section 3705.12 of the Revised Code, except that it shall show the actual country of birth. After registration of the birth record in the new name of the adopted person, the department shall place the items sent by the probate court in an adoption file and seal the file. The contents of the adoption file are not a public record and shall be made available only in accordance with section 3705.126 of the Revised Code.
Section 3705-122. Foreign Birth Record
(A) The department of health shall issue a foreign birth record as follows:
(1) On receipt of the items sent by a probate court pursuant to section 3107.19 of the Revised Code concerning the adoption of a person born in a foreign country, unless the adoptive parents or adopted person over eighteen years of age requests that such record not be issued;
(2) On receipt of an order issued under section 3107.18 of the Revised Code.
(B) A foreign birth record shall be the same in all respects as a birth record issued under section 3705.12 of the Revised Code, except that it shall show the actual country of birth. After registration of the birth record in the new name of the adopted person, the department shall place the items sent by the probate court in an adoption file and seal the file. The contents of the adoption file are not a public record and shall be made available only in accordance with section 3705.126 of the Revised Code.
Section 3705.125. Prima facie evidence
A new birth record or foreign birth record, and any certified or exact copy of the new birth record or foreign birth record, when properly authenticated by a duly authorized person, shall be prima facie evidence in all courts and places of the facts stated in the new birth record or foreign birth record.
3705.126 Confidentiality
The department of health shall neither open an adoption file nor make its contents available except as follows:
(A) The department shall inspect the file to determine the court involved for the purpose of division (D) of section 3107.09 or section 3107.091 or 3107.171 of the Revised Code.
(B) The department shall make the file’s contents available to an adopted person or lineal descendant of an adopted person in accordance with section 3107.38 of the Revised Code.
(C) The department shall open the file to transfer releases to the file in accordance with section 3107.381 of the Revised Code.
(D) The department shall open the file to file a contact preference form from a biological parent pursuant to section 3107.39 of the Revised Code and remove any previously filed contact preference form from the biological parent.
(E) The department shall open the file to file a biological parent’s name redaction request form pursuant to division (C) of section 3107.391 of the Revised Code or to remove and destroy the form pursuant to division (D) of that section.
(F) The department shall open the file to file a denial of release form under division (A) of section 3107.46 of the Revised Code or an authorization of release form under division (B) of that section.
(G) The department shall make the file’s contents available to an adopted person or adoptive parent in accordance with section 3107.47 of the Revised Code.
(H) The department shall open the file to file a request from an adopted person under division (A) of section 3107.48 of the Revised Code or to remove and destroy the request pursuant to division (B) of that section.
(I) The department shall inspect the file to assist a birth parent or birth sibling in finding the adopted person’s name by adoption in accordance with section 3107.49 of the Revised Code.
(J) The court that decreed the adoption may order that the contents be made open for inspection or available for copying.
Adoptions Before January 1, 1964
3705.123 Records for adoptions decreed before 1/1/1964
No original birth record of any person whose birth occurred in this state and whose adoption was decreed before January 1, 1964, no birth record in the adopted name of any person whose birth occurred in this state and whose adoption was decreed before January 1, 1964, and no papers or documents that pertain to either such type of birth record or to the adoption of any such person shall be sealed on or after March 19, 1985. The department of health shall maintain in an adoption file all such records, papers, and documents that are in the possession of the department and were sealed pursuant to division (C) or (D) of section 3705.12 of the Revised Code as it existed before March 19, 1985, or that were mistakenly or otherwise sealed. The contents of the adoption file are not a public record and shall be made available only in accordance with section 3705.126 of the Revised Code.
Section 3705.124. Application for new birth record
An adopted person whose birth occurred in this state, whose adoption was decreed before January 1, 1964, who did not have a new or reissued birth record in the person’s adopted name prepared pursuant to division (C) or (D) of section 3705.12 of the Revised Code as those divisions existed before March 19, 1985, and whose adoption is in full force and effect, may apply to the department of health at any time for the preparation of a new birth record in the person’s adopted name. On receipt of such an application, the department shall prepare a new birth record in the person’s name, in accordance with, and in the form described in, section 3705.12 of the Revised Code. On preparation of the new birth record, the original birth record of the applicant or the birth record issued in the adopted name of the applicant before January 1, 1964, that is being replaced, whichever is applicable, shall cease to be a public record. The department shall maintain the birth record that ceased to be a public record and papers and documents that pertain to it or to the adoption of the applicant in an adoption file. The contents of the adoption file are not a public record and shall be made available only in accordance with section 3705.126 of the Revised Code.
The department promptly shall forward a copy of a new birth record in an applicant’s adopted name that is prepared under this section to the local registrar of vital statistics of the district in which the applicant’s birth occurred. The local registrar shall file the copy along with, and in the same manner as, the other copies of birth records in the registrar’s possession. All copies of the applicant’s original birth record or the birth record issued in the applicant’s adopted name before January 1, 1964, that is being replaced, and all other papers, documents, and index references pertaining to it that are in the possession of the local registrar or a probate court shall be destroyed, except that the probate court shall retain permanently in the file of adoption proceedings information that is necessary to enable the court to identify both the applicant’s original birth record or birth record issued in the applicant’s adopted name before January 1, 1964, that is being replaced, and the new birth record in the applicant’s adopted name that is prepared pursuant to this section.
Adoptions from January 1, 1964 through September 17, 1996
3107.38 Right of adopted persons or lineal descendants
(A) As used in sections 3107.38 to 3107.394 of the Revised Code:
(1) “Adopted person” means a person who was adopted but is not an adopted person as defined in section 3107.45 of the Revised Code.
(2) “Adoption file” means a file maintained by the department of health under sections 3705.12 to 3705.124 of the Revised Code.
(3) “Biological parent” means a parent, by birth, of a person who is, or is to become, an adopted person.
(4) “Biological parent’s name redaction request form” means the form prescribed under section 3107.391 of the Revised Code.
(5) “Biological sibling” means a sibling, by birth, of a person who is, or is to become, an adopted person.
(6) “Contact preference form” means the form prescribed under section 3107.39 of the Revised Code.
(7) “File of releases” means the filing system for releases that former section 3107.40 of the Revised Code, as repealed by Sub. S.B. 23 of the 130th general assembly, required the department of health to maintain.
(8) “Items of identification” include a motor vehicle driver’s or commercial driver’s license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code, a marriage application, a social security card, a credit card, a military identification card, or an employee identification card.
(9) “Lineal descendant of an adopted person” means a person who by reason of blood or adoption is a lineal descendant of an adopted person.
(10) “Offspring” means a child, by birth, of a person.
(11) “Release” means both of the following:
(a) A release filed by a biological parent or biological sibling pursuant to former section 3107.40 of the Revised Code, as repealed by Sub. S.B. 23 of the 130th general assembly, that authorized the release of identifying information to the biological parent’s offspring or the release of specified information to the biological sibling’s adopted sibling pursuant to former section 3107.41 of the Revised Code, as repealed by Sub. S.B. 23 of the 130th general assembly;
(b) A withdrawal of release filed by a biological parent or biological sibling pursuant to former section 3107.40 of the Revised Code, as repealed by Sub. S.B. 23 of the 130th general assembly.
(B) Subject to division (C) of this section, an adopted person or lineal descendant of an adopted person may submit a written request to the department of health for the department to provide the adopted person or lineal descendant of an adopted person with a copy of the contents of the adopted person’s adoption file. The request shall provide the requester’s address and notarized signature and be accompanied by two items of identification of the requester. If the requester is a lineal descendant of an adopted person, the request shall also provide notarized documentation evidencing the requester’s relationship to the adopted person. On receipt of a request and payment of the fee required by section 3705.241 of the Revised Code , the department shall mail to the requester, at the address provided in the request, a copy of the contents of the adopted person’s adoption file if the department has an adoption file, including all releases transferred to the adoption file pursuant to section 3107.381 of the Revised Code, for the adopted person. If the adoption file includes a biological parent’s name redaction request form from a biological parent, the department shall redact the biological parent’s name from the copy of the contents of the adoption file that is mailed to the requester. If the department removes the biological parent’s name redaction request form from the adoption file pursuant to division (D) of section 3107.391 of the Revised Code after the department mails the copy of the contents of the adoption file to the requester, the department shall mail to the requester another copy of the contents with the biological parent’s name included.
(C) An adopted person or lineal descendant of an adopted person may not submit a request under this section until the adopted person or lineal descendant is at least eighteen years of age.
Section 3107.381. Transfer of Releases
If the file of releases contains one or more releases that pertain to an adopted person and the department of health has an adoption file for the adopted person, the department shall transfer all of the releases pertaining to the adopted person, including releases for which withdrawals of releases were filed, to the adopted person’s adoption file.
An adopted person or lineal descendant of an adopted person who obtains the contents of the adopted person’s adoption file pursuant to section 3107.38 of the Revised Code may use the releases, along with any contact preference forms placed in the adoption file pursuant to section 3107.39 of the Revised Code, in determining whether and how to contact a biological parent or biological sibling. Releases are advisory only and therefore unenforceable.
3107.391. Biological parent’s name redaction request form
(A) The department of job and family services shall prescribe a biological parent’s name redaction request form. The form shall include all of the following:
(1) Information about the procedures and requirements for a biological parent to do either of the following:
(a) Have the form placed in the adoption file of the biological parent’s offspring so that the biological parent’s name is redacted from a copy of the contents of the adoption file that a person receives under section 3107.38 of the Revised Code;
(b) Have the form removed from the adoption file if the biological parent later decides to permit the biological parent’s name to be included in a copy of the contents of the adoption file that a person receives under section 3107.38 of the Revised Code.
(2) Provisions necessary for the department of health to be able to identify the adoption file of the adopted person to whom the form pertains;
(3) A place for the biological parent to attest that the biological parent is the biological parent of the adopted person to whom the form pertains.
(B) The department of job and family services shall make the biological parent’s name redaction request form available to the department of health.
(C)(1) Until [March 19, 2015], the department of health shall make a biological parent’s name redaction request form available to a biological parent on request. The department may accept a completed biological parent’s name redaction request form only if all of the following apply:
(a) The form is submitted to the department not later than one year after the effective date of this section.
(b) The form has been notarized.
(c) The biological parent provides the department two items of identification of the biological parent.
(d) If a social and medical history for the biological parent was not previously prepared or such a history was prepared but should be corrected or expanded, the biological parent does the following as appropriate:
(i) Completes a social and medical history form in accordance with section 3107.091 or 3107.393 of the Revised Code;
(ii) Corrects or expands the biological parent’s social and medical history in accordance with division (D) of section 3107.09 of the Revised Code.
(e) The department is satisfied that the form has been substantially completed.
(2) If the department determines that it may accept the biological parent’s name redaction request form, it shall accept the form. As soon as the department identifies the adoption file of the adopted person to whom the form pertains, it shall place the form in that file.
(D)(1) A biological parent who has a biological parent’s name redaction request form accepted under division (C) of this section may request at any time that the department remove the form from the adoption file of the adopted person to whom the form pertains. The department shall remove the form from the adoption file if the biological parent provides the department all of the following:
(a) Two items of identification of the biological parent;
(b) Information the department needs to be able to identify the adoption file of the adopted person to whom the form pertains;
(c) A notarized attestation that the biological parent is the biological parent of the adopted person to whom the form pertains.
(2) When the department removes a biological parent’s name redaction request form from an adoption file under division (D)(1) of this section, the department shall destroy the form.
Adoptions on or After September 18, 1996
3107.45. Access to adoption records additional definitions
As used in sections 3107.45 to 3107.53 of the Revised Code:
(A) “Adopted person” means a person who, as a minor, was adopted and who, on or after September 18, 1996, became available or potentially available for adoption. For the purpose of this division, a person was available or potentially available for adoption on or after September 18, 1996, if, on or after that date, either of the following occurred:
(1) At least one of the person’s birth parents executed consent to the person’s adoption.
(2) A probate court entered a finding that the consent of at least one of the person’s birth parents to the person’s adoption was not needed as determined pursuant to section 3107.07 of the Revised Code.
(B) “Adoption file” means the file maintained by the department of health under sections 3705.12 to 3705.124 of the Revised Code.
(C) “Adoptive parent” means a person who adopted an adopted person.
(D) “Authorization of release form” means the form prescribed under division (A)(2) of section 3107.50 of the Revised Code.
(E) “Birth parent” means the biological parent of an adopted person.
(F) “Birth sibling” means a biological sibling of an adopted person.
(G) “Denial of release form” means either of the following:
(1) The component of the form prescribed under division (A)(1)(b) of section 3107.083 if the birth parent checked the “no” space provided on that component.
(2) The form prescribed under division (A)(1) of section 3107.50 of the Revised Code.
(H) “Effective denial of release form” means a denial of release form that has not been rescinded by an authorization of release form pursuant to division (B) of section 3107.46 of the Revised Code.
(I) “Final decree of adoption” includes an interlocutory order of adoption that has become final.
(J) “Identifying information” has the same meaning as in section 3107.01 of the Revised Code.
(K) “Items of identification” include a motor vehicle driver’s or commercial driver’s license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code, a marriage application, a social security card, a credit card, a military identification card, or an employee identification card.
3107.47. Adult adoptee or adoptive parent may request copy of file
(A) An adopted person age twenty-one or older, or an adoptive parent of an adopted person at least age eighteen but under age twenty-one, may submit a request to the department of health for a copy of the contents of the adopted person’s adoption file. If the adopted person includes with the request the adopted person’s notarized signature and copies of two items of identification, or the adoptive parent includes with the request the adoptive parent’s notarized signature and copies of two items of identification, the department shall do the following:
(1) If there is not an effective denial of release form for either birth parent in the adopted person’s adoption file and the fee required by section 3705.241 of the Revised Code is paid, provide the adopted person or adoptive parent a copy of the contents of the adopted person’s adoption file;
(2) If there is an effective denial of release form for each birth parent in the adopted person’s adoption file, refuse to provide the adopted person or adoptive parent a copy of the contents of the adopted person’s adoption file;
(3) If there is an effective denial of release form for only one of the birth parents in the adopted person’s adoption file and the fee required by section 3705.241 of the Revised Code is paid, provide the adopted person or adoptive parent a copy of the contents of the adopted person’s adoption file with all identifying information about the birth parent for whom there is an effective denial of release form deleted.
(B) If an adopted person or adoptive parent is denied a copy of the contents of the adopted person’s adoption file or receives a copy of the contents with identifying information about one of the birth parents deleted, the department of health shall inform the adopted person or adoptive parent that it will notify the adopted person or adoptive parent if the department subsequently receives an authorization of release form from one or both birth parents and the adopted person or adoptive parent submits to the department a request to be notified. An adopted person or adoptive parent who submits a request to be notified shall provide the department the adopted person’s or adoptive parent’s address and notify the department of any change of address. An adopted person or adoptive parent who subsequently decides not to be notified may submit a statement with the department for the department not to notify the adopted person or adoptive parent.
The department shall notify the adopted person or adoptive parent if the department receives an authorization of release form from one or both birth parents and the adopted person or adoptive parent submitted a request to be notified and has not subsequently submitted a statement not to be notified. If the adopted person or adoptive parent contacts the department after being notified and indicates a desire to receive the information the department may provide, the department shall provide the adopted person or adoptive parent information in accordance with division (A) of this section.
3107.50. Forms for denial or authorization of release
(A) Not later than ninety days after the effective date of this section, the department of health shall prescribe the following forms:
(1) A denial of release form to be used by a birth parent under division (A) of section 3107.46 of the Revised Code. The form shall explain that the birth parent may rescind the denial of release at any time by signing, dating, and having filed with the department of health an authorization of release form pursuant to division (B) of section 3107.46 of the Revised Code.
(2) An authorization of release form to be used by a birth parent under division (B) of section 3107.46 of the Revised Code. The form shall state that the birth parent may rescind the authorization of release at any time by signing, dating, and having filed with the department of health a denial of release form pursuant to division (A) of that section.
(B) On request of a birth parent, the department shall provide a copy of a denial of release form or authorization of release form to the birth parent.
Ohio Law: Court Records and Information
Relevant parts of Ohio law related to court records and identifying information. The entire Ohio adoption statute is available here.
3107.17 Closed hearing – confidentiality – records
(A) All hearings held under sections 3107.01 to 3107.19 of the Revised Code shall be held in closed court without the admittance of any person other than essential officers of the court, the parties, the witnesses of the parties, counsel, persons who have not previously consented to an adoption but who are required to consent, and representatives of the agencies present to perform their official duties.
(B)(1) Except as provided in divisions (B)(2) and (D) of this section, sections 3107.38 and 3107.381, and sections 3107.60 to 3107.68 of the Revised Code, no person or governmental entity shall knowingly reveal any information contained in a paper, book, or record pertaining to an adoption that is part of the permanent record of a court or maintained by the department of job and family services, an agency, or attorney without the consent of a court.
(2) An agency or attorney may examine the agency’s or attorney’s own papers, books, and records pertaining to an adoption without a court’s consent for official administrative purposes. The department of job and family services may examine its own papers, books, and records pertaining to an adoption, or such papers, books, and records of an agency, without a court’s consent for official administrative, certification, and eligibility determination purposes.
(C) The petition, the interlocutory order, the final decree of adoption, and other adoption proceedings shall be recorded in a book kept for such purposes and shall be separately indexed. The book shall be a part of the records of the court, and all consents, affidavits, and other papers shall be properly filed.
(D) All forms that pertain to the social or medical histories of the biological parents of an adopted person and that were completed pursuant to section 3107.09 , 3107.091, or 3107.393 of the Revised Code shall be filed only in the permanent record kept by the court. During the minority of the adopted person, only the adoptive parents of the person may inspect the forms. When an adopted person reaches majority, only the adopted person may inspect the forms. Under the circumstances described in this division, an adopted person or the adoptive parents are entitled to inspect the forms upon requesting the clerk of the court to produce them.
(E)(1) The department of job and family services shall prescribe a form that permits any person who is authorized by division (D) of this section to inspect forms that pertain to the social or medical histories of the biological parents and that were completed pursuant to section 3107.09 , 3107.091, or 3107.393 of the Revised Code to request notice if any correction or expansion of either such history, made pursuant to division (D) of section 3107.09 of the Revised Code, is made a part of the permanent record kept by the court. The form shall be designed to facilitate the provision of the information and statements described in division (E)(3) of this section. The department shall provide copies of the form to each court. A court shall provide a copy of the request form to each adoptive parent when a final decree of adoption is entered and shall explain to each adoptive parent at that time that an adoptive parent who completes and files the form will be notified of any correction or expansion of either the social or medical history of the biological parents of the adopted person made during the minority of the adopted person that is made a part of the permanent record kept by the court, and that, during the adopted person’s minority, the adopted person may inspect the forms that pertain to those histories. Upon request, the court also shall provide a copy of the request form to any adoptive parent during the minority of the adopted person and to an adopted person who has reached the age of majority.
(2) Any person who is authorized to inspect forms pursuant to division (D) of this section who wishes to be notified of corrections or expansions pursuant to division (D) of section 3107.09 of the Revised Code that are made a part of the permanent record kept by the court shall file with the court, on a copy of the form prescribed by the department of job and family services pursuant to division (E)(1) of this section, a request for such notification that contains the information and statements required by division (E)(3) of this section. A request may be filed at any time if the person who files the request is authorized at that time to inspect forms that pertain to the social or medical histories.
(3) A request for notification as described in division (E)(2) of this section shall contain all of the following information:
(a) The adopted person’s name and mailing address at that time;
(b) The name of each adoptive parent, and if the adoptive person is a minor at the time of the filing of the request, the mailing address of each adoptive parent at that time;
(c) The adopted person’s date of birth;
(d) The date of entry of the final decree of adoption;
(e) A statement requesting the court to notify the person who files the request, at the address provided in the request, if any correction or expansion of either the social or medical history of the biological parents is made a part of the permanent record kept by the court;
(f) A statement that the person who files the request is authorized, at the time of the filing, to inspect the forms that pertain to the social and medical histories of the biological parents;
(g) The signature of the person who files the request.
(4) Upon the filing of a request for notification in accordance with division (E)(2) of this section, the clerk of the court in which it is filed immediately shall insert the request in the permanent record of the case. A person who has filed the request and who wishes to update it with respect to a new mailing address may inform the court in writing of the new address. Upon its receipt, the court promptly shall insert the new address into the permanent record by attaching it to the request. Thereafter, any notification described in this division shall be sent to the new address.
(5) Whenever a social or medical history of a biological parent is corrected or expanded and the correction or expansion is made a part of the permanent record kept by the court, the court shall ascertain whether a request for notification has been filed in accordance with division (E)(2) of this section. If such a request has been filed, the court shall determine whether, at that time, the person who filed the request is authorized, under division (D) of this section, to inspect the forms that pertain to the social or medical history of the biological parents. If the court determines that the person who filed the request is so authorized, it immediately shall notify the person that the social or medical history has been corrected or expanded, that it has been made a part of the permanent record kept by the court, and that the forms that pertain to the records may be inspected in accordance with division (D) of this section.
Section 3107.171. Disclosure of court that entered order or decree
(A) As used in this section, “adoption file” means a file maintained by the department of health under sections 3107.12 to 3107.124 of the Revised Code.
(B) An adopted person may request that the department of health disclose to the adopted person which court entered the interlocutory order or final decree of adoption regarding the adopted person if the adopted person seeks to do either or both of the following:
(1) Inspect, pursuant to division (D) of section 3107.17 of the Revised Code, a social and medical history form of a biological parent of the adopted person;
(2) Submit, pursuant to division (E) of section 3107.17 of the Revised Code, a request for notification of a correction or expansion of a social and medical history of a biological parent of the adopted person.
(C) On receipt of a request made under division (B) of this section and if the adopted person is entitled to inspect the biological parent’s social and medical history form and submit the request for notification of a correction or expansion of the biological parent’s social and medical history, the department shall inspect the adoption file to determine which court entered the interlocutory order or final decree of adoption. If the department is able to determine from the adoption file which court entered the interlocutory order or final decree of adoption, the department shall disclose the court to the adopted person.
Relevant Ohio Law: Adoption Generally
Relevant parts of Ohio adoption law. The entire Ohio adoption statute is available here.
Section 3107.01. Adoption definitions
As used in sections 3107.01 to 3107.19 of the Revised Code:
(A) “Agency” means any public or private organization certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption.
(B) “Attorney” means a person who has been admitted to the bar by order of the Ohio supreme court.
(C) “Child” means a son or daughter, whether by birth or by adoption.
(D) “Court” means the probate courts of this state, and when the context requires, means the court of any other state empowered to grant petitions for adoption.
(E) “Foster caregiver” has the same meaning as in section 5103.02 of the Revised Code.
(F) “Identifying information” means any of the following with regard to a person: first name, last name, maiden name, alias, social security number, address, telephone number, place of employment, number used to identify the person for the purpose of the statewide education management information system established pursuant to section 3301.0714 of the Revised Code, and any other number federal or state law requires or permits to be used to identify the person.
(G) “Minor” means a person under the age of eighteen years.
(H) “Putative father” means a man, including one under age eighteen, who may be a child’s father and to whom all of the following apply:
(1) He is not married to the child’s mother at the time of the child’s conception or birth;
(2) He has not adopted the child;
(3) He has not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child pursuant to sections 3111.21 to 3111.35 of the Revised Code.
Section 3107.02. Who may be adopted – physical examination
(A) Any minor may be adopted.
(B) An adult may be adopted under any of the following conditions:
(1) If the adult is totally or permanently disabled;
(2) If the adult is determined to be a person with an intellectual disability;
(3) If the adult had established a child-foster caregiver, kinship caregiver, or child-stepparent relationship with the petitioners as a minor, and the adult consents to the adoption;
(4) If the adult was, at the time of the adult’s eighteenth birthday, in the permanent custody of or in a planned permanent living arrangement with a public children services agency or a private child placing agency, and the adult consents to the adoption;
(5) If the adult is the child of the spouse of the petitioner, and the adult consents to the adoption.
(C) When proceedings to adopt a minor are initiated by the filing of a petition, and the eighteenth birthday of the minor occurs prior to the decision of the court, the court shall require the person who is to be adopted to submit a written statement of consent or objection to the adoption. If an objection is submitted, the petition shall be dismissed, and if a consent is submitted, the court shall proceed with the case, and may issue an interlocutory order or final decree of adoption.
(D) Any physical examination of the individual to be adopted as part of or in contemplation of a petition to adopt may be conducted by any health professional authorized by the Revised Code to perform physical examinations, including a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife. Any written documentation of the physical examination shall be completed by the healthcare professional who conducted the examination.
(E) An adult who consents to an adoption pursuant to division (B)(4) of this section shall provide the court with the name and contact information of the public children services agency or private child placing agency that had permanent custody of or a planned permanent living arrangement with that adult. The petitioner shall request verification from the agency as to whether the adult was or was not in the permanent custody of or in a planned permanent living arrangement with that agency at the time of the adult’s eighteenth birthday and provide the verification to the court.
(F) As used in this section:
(1) “Developmental disability” has the same meaning as in section 5123.01 of the Revised Code.
(2) “Kinship caregiver” has the same meaning as in section 5101.85 of the Revised Code.
(3) “Permanent custody” and “planned permanent living arrangement” have the same meanings as in section 2151.011 of the Revised Code.
Section 3107.06. Consent to adoption
Unless consent is not required under section 3107.07 of the Revised Code, a petition to adopt a minor may be granted only if written consent to the adoption has been executed by all of the following:
(A) The mother of the minor;
(B) The father of the minor, if any of the following apply:
(1) The minor was conceived or born while the father was married to the mother;
(2) The minor is his child by adoption;
(3) Prior to the date the petition was filed, it was determined by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative proceeding in another state that he has a parent and child relationship with the minor;
(4) He acknowledged paternity of the child and that acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code.
(C) The putative father of the minor;
(D) Any person or agency having permanent custody of the minor or authorized by court order to consent;
(E) The minor, if more than twelve years of age, unless the court, finding that it is in the best interest of the minor, determines that the minor’s consent is not required.
Section 3107.15. Effect of final decree or interlocutory order of adoption
(A) A final decree of adoption and an interlocutory order of adoption that has become final as issued by a court of this state, or a decree issued by a jurisdiction outside this state as recognized pursuant to section 3107.18 of the Revised Code, shall have the following effects as to all matters within the jurisdiction or before a court of this state, whether issued before or after May 30, 1996:
(1)(a) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological or other legal parents of the adopted person of all parental rights and responsibilities, and to terminate all legal relationships between the adopted person and the adopted person’s relatives, including the adopted person’s biological or other legal parents, so that, except as provided under division (A)(1)(b) of this section, the adopted person thereafter is a stranger to the adopted person’s former relatives for all purposes including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the person by name or by some designation not based on a parent and child or blood relationship;
(b) The legal parents of an adopted person may be notified that a sibling of the adopted person has been placed into out-of-home care. For the purposes of this division, “sibling” means a former biological sibling, former legal sibling, or any person who would have been considered a sibling if not for a termination or other disruption of parental rights.
(2) To create the relationship of parent and child between petitioner and the adopted person, as if the adopted person were a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption is decreed, and whether executed or created before or after May 30, 1996, which do not expressly exclude an adopted person from their operation or effect;
(3) Notwithstanding division (A)(2) of this section, a person who is eighteen years of age or older at the time the person is adopted, and the adopted person’s lineal descendants, are not included as recipients of gifts, devises, bequests, or other transfers of property, including transfers in trust made to a class of persons including, but not limited to, children, grandchildren, heirs, issue, lineal descendants, and next of kin, for purposes of inheritance and applicability of statutes, documents, and instruments, whether executed or created before or after May 30, 1996, unless the document or instrument expressly includes the adopted person by name or expressly states that it includes a person who is eighteen years of age or older at the time the person is adopted.
(B) Notwithstanding division (A) of this section, if a parent of a child dies without the relationship of parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, the child’s rights from or through the deceased parent for all purposes, including inheritance and applicability or construction of documents, statutes, and instruments, are not restricted or curtailed by the adoption.
(C) Notwithstanding division (A) of this section, if the relationship of parent and child has not been terminated between a parent and that parent’s child and a spouse of the other parent of the child adopts the child, a grandparent’s or relative’s right to companionship or visitation pursuant to section 3109.11 of the Revised Code is not restricted or curtailed by the adoption.
(D) An interlocutory order of adoption, while it is in force, has the same legal effect as a final decree of adoption. If an interlocutory order of adoption is vacated, it shall be as though void from its issuance, and the rights, liabilities, and status of all affected persons that have not become vested are governed accordingly.
Section 3107.16. Appeals
(A) Appeals from the probate court are subject to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code. Unless there is good cause for delay, appeals shall be heard on an expedited basis.
(B) Subject to the disposition of an appeal, upon the expiration of six months after an adoption decree is issued, the decree cannot be questioned by any person, including the petitioner, in any manner or upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter, unless, in the case of the adoption of a minor, the petitioner has not taken custody of the minor, or, in the case of the adoption of a minor by a stepparent, the adoption would not have been granted but for fraud perpetrated by the petitioner or the petitioner’s spouse, or, in the case of the adoption of an adult, the adult had no knowledge of the decree within the six-month period.
Section 3705.18. Foreign Decrees
(A) Except when giving effect to such a decree would violate the public policy of this state, a court decree terminating the relationship of parent and child, or establishing the relationship by adoption, issued pursuant to due process of law by a court of any jurisdiction outside this state, whether within or outside the United States, shall be recognized in this state, and the rights and obligations of the parties as to all matters within the jurisdiction of this state, including, without limitation, those matters specified in section 3107.15 of the Revised Code, shall be determined as though the decree were issued by a court of this state. A decree or certificate of adoption that is issued under the laws of a foreign country and that is verified and approved by the immigration and naturalization service of the United States shall be recognized in this state. Nothing in this section prohibits a court from issuing a final decree of adoption or interlocutory order of adoption pursuant to section 3107.14 of the Revised Code for a person the petitioner has adopted pursuant to a decree or certificate of adoption recognized in this state that was issued outside the United States.
(B) If a child born in a foreign country is placed with adoptive parents or an adoptive parent in this state for the purpose of adoption and if the adoption previously has been finalized in the country of the child’s birth, the adoptive parent or parents may bring a petition in the probate court in their county of residence requesting that the court issue a final decree of adoption or an interlocutory order of adoption pursuant to section 3107.14 of the Revised Code. In a proceeding on the petition, proof of finalization of the adoption outside the United States is prima-facie evidence of the consent of the parties who are required to give consent even if the foreign decree or certificate of adoption was issued with respect to only one of two adoptive parents who seek to adopt the child in this state.
(C) At the request of a person who has adopted a person pursuant to a decree or certificate of adoption recognized in this state that was issued outside the United States, the court of the county in which the person making the request resides shall order the department of health to issue a foreign birth record for the adopted person under section 3705.122 of the Revised Code. The court may specify a change of name for the child and, if a physician has recommended a revision of the birth date, a revised birth date. The court shall send to the department with its order a copy of the foreign adoption decree or certificate of adoption and, if the foreign decree or certificate of adoption is not in English, a translation certified as to its accuracy by the translator and provided by the person who requested the order.
Section 3107.19. Forwarding records to department of health and birth state’s vital statistics office
If the adopted person was born in this state or outside the United States, the court shall forward all of the following to the department of health within thirty days after an adoption decree becomes final:
(A) A copy of the adopted person’s certificate of adoption;
(B) The form prescribed under division (A)(1) of section 3107.083 of the Revised Code, if a parent filled out and signed the form pursuant to section 3107.071, 3107.081, or 5103.151 of the Revised Code;
(C) A statement of whether the adopted person is an adopted person as defined in section 3107.38 or 3107.45 of the Revised Code.
If the adopted person was born in another state of the United States, the court shall forward a copy of the adopted person’s certificate of adoption to that state’s vital statistics office within thirty days after an adoption decree becomes final.
Kathleen Ahmad says
So, if I was born in Nova, Scotia Canada, but adopted in Ohio, US in 1963, who has my original birth certificate? Columbus, Ohio or Halifax, Nova Scotia?
Gregory D. Luce says
Halifax, Nova Scotia would have your original birth certificate. But it’s highly likely that a copy of your original birth certificate is also in the court file in Ohio. I cannot recall what the law is in Nova Scotia for obtaining an OBC. What do you get when you request your birth certificate from Halifax, an amended certificate?
B Young says
So Ohio is trying to not allow adoptees to find out who their birth parents are but are trying to make it look like they are trying to make it easier.
Cari Ferraro says
Thank you for publishing this information, Gregory. It has helped me understand the paperwork I requested and just received from the Ohio Department of Health regarding my mother‘s adoption in 1933. There is a record of her original adoption papers being entered into the record of the probate court almost 20 years later, and a statement by her adoptive father which he signed, the next day, and then the third day, a copy of her original birth certificate seems to have been released, stamped Givernmental Use Only. From all of this and from your information about if I have come to understand that her birth records were probably sealed and that when she tried to get a copy of her original birth certificate she had to get the court and her adoptive parent to approve it. Does that sound likely? I found another copy of her original birth certificate in her records after she died, dated two weeks after all of this happened (and without the stamp). I’m trying to re-create how this all unfolded for her. Luckily her original birth certificate was not altered in any way. Prior to her adoption, for three years she was boarded with this same family, and was a ward of the court, but I can’t find any other paperwork about that status. I feel fortunate to have been able to get this much information. Thank you for the work that you do.
Jim Reye says
Hi Cari,
Have a very similar situation to that of your mother and would be interested in how you obtained information.
Have located my father’s original birth certificate but records are sealed in Cuyahoga County Probate Court.
If you feel like it, contact me at [email protected]
Thanks
Debbie krejci says
I am looking for my daughter who was adopted back in 1982 her birth date is March 27,1982 I am your birth mother o was 16 year old when I give you up when you turn 21 I was looking for you the Trumbull country children service will not lit me know about you I live in earren ohio
Tanya Jones says
Dear Gregory, I need some information about the laws or requirements for an adoption in the state of Alabama in 1963 asap. Would love to share with you but it is very complicated. This would help me tremendously. Thank you, Tanya
Lacey Kennison says
I was told my dad was adopted. He was born on July 26th 1954. I am looking for any information he was adopted by Edith beck and her husband.
Robert A Pullins Ohio says
Trying to find desperately parents or at least medical history
Becky A Brower Mueller says
My father was born 7/30/1925 and adopted to whom we believe to be a 1st cousin of his biological Mother. If that is true, her husband passed 3 days prior to my Dad’s birth and newspaper records confirm he had been sick for two years prior to his death. I ordered a copy of Dad’s birth certificate but only received a Certificate of Birth. We also are suspecting that the Dr who delivered our Dad was the father of his adopted Mother /uncle of the biological Mother. I sent required documents to State Of Ohio Application for Adoption file. Should I anticipate problems?