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Last updated on April 6, 2017

Oregon

Summary

Adoptees in Oregon 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. Relatively new provisions in Oregon law also allow adoptees access to specific records in the court adoption proceedings.

Oregon also maintains a voluntary adoption registry to facilitate adoptee and birth relative searches.

Relevant Oregon Law: Original Birth Certificate

432.223 Reports of adoption; reports of amendments or annulments of judgment of adoption; persons required to report; rules
(1) For each judgment of adoption entered by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics. The report of adoption must:

(a) Include facts that the state registrar deems necessary to locate and identify the report of live birth of the person adopted;
(b) If the person was born in a foreign country, provide evidence from sources determined to be reliable by the court of the date and place of live birth;
(c) Include information necessary to establish a replacement report of live birth of the person adopted;
(d) Identify the final order of the judgment of adoption; and
(e) Be certified or authenticated by the clerk of the court as provided by the state registrar by rule.

(2) Information necessary to prepare a report of adoption must be furnished by the petitioner for adoption or by the petitioner’s legal representative. The Department of Human Services or any other person having knowledge of the facts shall supply the court with additional information that is necessary to complete the report of adoption. A court must receive the information required by this subsection before issuing a judgment of adoption.

(3) Whenever a judgment of adoption is amended or annulled, the clerk of the court shall prepare a report of the amendment or annulment that includes the facts necessary to identify the original report of adoption and the facts amended in the judgment of adoption that are necessary to amend a report of live birth.

(4) Twice a month as adopted by the state registrar by rule, the clerk of the court shall submit to the Center for Health Statistics reports of adoption or reports prepared under subsection (3) of this section.

(5) When the state registrar receives a report under subsection (4) of this section for a person born in another state, the state registrar shall forward the report to the state registrar in the state of live birth.

(6) If a live birth occurred in a foreign country and the child is not a citizen of the United States at the time of live birth, the state registrar shall prepare a record of foreign live birth as provided in ORS 432.245. If the live birth occurred in a neighboring country, the state registrar shall also send a copy of the report of adoption or any report prepared under subsection (4) of this section to the appropriate authority.

(7) If a live birth occurred in a foreign country and through parentage the child is a citizen of the United States, the state registrar shall notify the parents adopting the child of the procedures for obtaining a revised live birth record for their child through the United States Department of State. The state registrar shall not prepare a record of foreign live birth for a live birth described in this subsection.

432.228 Issuance of certified copy of record of live birth to adopted persons; Contact Preference Form
(1) Upon receipt of a written application to the State Registrar of the Center for Health Statistics, an adopted person 21 years of age and older born in this state shall be issued a certified copy of the person’s unaltered, original and unamended record of live birth in the custody of the state registrar, with procedures, filing fees, and waiting periods as prescribed by the state registrar by rule.

(2) A birth parent may at any time request from the state registrar or from a voluntary adoption registry a Contact Preference Form that shall accompany a certified copy issued under subsection (1) of this section. The Contact Preference Form shall provide the following information to be completed at the option of the birth parent:

(a) I would like to be contacted;
(b) I would prefer to be contacted only through an intermediary; or
(c) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will register with the voluntary adoption registry. I have completed an updated medical history and have filed it with the voluntary adoption registry. Attached is a certificate from the voluntary adoption registry verifying receipt of the updated medical history.

(3) A certificate from a voluntary adoption registry verifying receipt of an updated medical history under subsection (2) of this section shall be in a form prescribed by the Oregon Health Authority and shall be supplied upon request of the birth parent by the voluntary adoption registry.

(4) When the state registrar receives a completed Contact Preference Form from a birth parent, the state registrar shall match the Contact Preference Form with the adopted person’s record of live birth. The Contact Preference Form shall be made a part of the adopted person’s record of live birth when a match is made.

(5) A completed Contact Preference Form shall be confidential and shall be placed in a secure file until a match with the adopted person’s record of live birth is made and the Contact Preference Form is placed in the adopted person’s record.

(6) Only those persons who are authorized to process applications made under subsection (1) of this section may process Contact Preference Forms.

432.245 Replacing records of live birth; restoring records of live birth
(1) For a person born in this state, the State Registrar of the Center for Health Statistics shall amend a record of live birth and establish a replacement for the record if the state registrar receives one of the following:

(a) A report of adoption as provided in ORS 432.223 or a certified copy of the judgment of adoption, with the information necessary to identify the original record of live birth and to establish a replacement for the record, unless the court ordering the adoption requests that a replacement for the record not be established;
(b) A request that a replacement record of live birth be prepared to establish parentage, as prescribed by the state registrar by rule or ordered by a court of competent jurisdiction in this state that has determined the paternity of a person;
(c) A written and notarized request, signed by both parents, acknowledging paternity; or
(d) A certified copy of a judgment that indicates that an individual born in this state has completed sexual reassignment and that the sex on the record of live birth must be changed.

(2) To change a person’s name under subsection (1) of this section, the request or court order must include the name that currently appears the record of live birth and the new name to be designated on the replacement for the record. The new name of the person shall be shown on the replacement for the record.

(3) Upon receipt of a certified copy of a court order to change the name of a person born in this state as authorized by 18 U.S.C. 3521 et seq., the state registrar shall create a replacement for a record of live birth to show the new information as specified in the court order.

(4) When a replacement for a record of live birth is prepared, the city, county and date of live birth must be included in the replacement. The replacement for the record must be substituted for the original record of live birth. The original record of live birth and all evidence submitted with the request or court order for the replacement for the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.

(5) Upon receipt of an amended judgment of adoption, the record of live birth shall be amended by the state registrar as provided by the state registrar by rule.

(6) Upon receipt of a report of annulment of adoption or a court order annulling an adoption, the original record of live birth must be restored. The replacement for the record of live birth is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.

(7) If there is no record of live birth for a person for whom a replacement for the record is sought under this section and the court issues an order indicating a date of live birth more than one year from the date submitted to the Center for Health Statistics, the replacement for the record of live birth shall be created as a delayed record of live birth.

(8) The state registrar shall prepare and register a record of foreign live birth for a person born in a foreign country who is not a citizen of the United States and for whom a judgment of adoption was issued by a court of competent jurisdiction in this state if the court, the parents adopting the child or the adopted person, if the adopted person is 18 years of age or older, requests the record. The record must be labeled “Record of Foreign Live Birth” and shall show the actual country of live birth. After registering the record of foreign live birth in the new name of the adopted person, the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.

(9) A replacement record of live birth may not be created under this section if the date and place of live birth have not been determined by the court order.

Relevant Law: Court Adoption Records

109.319 Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees.
(1) The clerk or court administrator of any court having jurisdiction over adoption proceedings shall keep a separate record of the case for each adoption proceeding filed with the court. Adoption proceedings shall not be entered upon the general records of the court.

(2) The clerk, court administrator and any other person having custody of the records, papers and files in the court’s record of an adoption case shall cause the records, papers and files, both prior to entry of judgment and after entry of judgment of adoption, to be sealed. The clerk, court administrator and any other person having custody of the records, papers and files shall not unseal or allow inspection or copying of or disclose any information in the records, papers and files to any person or entity, except as provided in this section or pursuant to ORS 109.305 to 109.410 or 109.425 to 109.507.

(3) Prior to entry of judgment in an adoption proceeding, and after entry of judgment in an adoption proceeding but prior to the minor child who is the subject of the adoption proceeding attaining 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the court’s record of an adoption case without a court order:

(a) Presiding judges and judges of the court operating under the Judicial Department, and court staff or other persons operating under the direction of the presiding judges or judges;

(b) Petitioners and their attorneys of record; and

(c) The Department of Human Services.

(4) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the court’s record of the adoption case without a court order:

(a) Judges of the court operating under the Judicial Department and court staff or other persons operating under the direction of the judges;

(b) The person who was the minor child in the adoption proceeding, except that the person who was the minor child in the adoption proceeding may not inspect or copy the home study approved under ORS 109.309 (7) except pursuant to a court order and with good cause;

(c) Petitioners and their attorneys of record; and

(d) The Department of Human Services.

(5)(a) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, an individual whose consent for the adoption is required under ORS 109.321 may file a motion with the court to inspect and copy sealed records, papers and files that are maintained in the court’s record of the adoption case.

(b) Except as provided in paragraph (c) of this subsection, the court shall grant the motion except for good cause but must exclude from inspection and copying:

(A) For adoption cases filed on or after January 1, 2014:

(i) The Adoption Summary and Segregated Information Statement filed in accordance with ORS 109.317; and

(ii) Exhibits described in ORS 109.317 (2) that are contained in the court’s record of the adoption case.

(B) For adoption cases filed before January 1, 2014:

(i) Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767;

(ii) A home study;

(iii) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted;

(iv) A medical history described in ORS 109.342 or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the biological parents; and

(v) Addresses, phone numbers and Social Security numbers of persons or entities described in ORS 109.317 (1)(a) to (d) that are contained in the court’s record of the adoption case.

(c) If the Department of Human Services consented or has the authority to consent to the adoption of a minor child under ORS 109.325 or 419B.529:

(A) A parent who has signed a release and surrender to the department under ORS 418.270, that was accepted by the department, or whose parental rights were terminated under ORS 419B.500 and 419B.502 to 419B.524, may file a motion with the court to inspect or copy sealed records, papers and files that are maintained in the court’s record of the adoption case but may not be granted the right to inspect or copy:

(i) For adoption cases filed on or after January 1, 2014:

(I) The Adoption Summary and Segregated Information Statement filed in accordance with ORS 109.317; and

(II) Exhibits described in ORS 109.317 (2) that are contained in the court’s record of the adoption case.

(ii) For adoption cases filed before January 1, 2014:

(I) Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767;

(II) A home study;

(III) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted; and

(IV) A medical history described in ORS 109.342 or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the biological parents.

(B)(i) The court may grant the motion for good cause. The name, address, phone number, Social Security number or other identifying information of any individual or entity contained in the records, papers and files must be redacted and may not be disclosed as part of the inspection or copying allowed under this paragraph.

(ii) Notwithstanding sub-subparagraph (i) of this subparagraph, the name of the parent filing the motion and the name, bar number and contact information for any attorney of record in the case may be disclosed as part of the inspection or copying allowed under this paragraph.

(d) The fee imposed and collected by the court for the filing of a motion under this subsection by the birth parent of an adult adoptee shall be in accordance with ORS 21.145, except that a fee may not be imposed or collected for a motion filed under this subsection for adoptions where the Department of Human Services consented to the adoption under ORS 109.325 or 419B.529.

(6) Except as provided in subsection (5)(c) of this section, an individual or entity that signed a record, paper or document in a file contained in the court’s record of the adoption case is entitled to inspect and obtain a copy of that record, paper or document without a court order. The signature and name of any other individual or entity on the same record, paper or document must be redacted or otherwise not disclosed as part of the inspection and copying permitted under this subsection.

(7)(a) Any documents, writings, information and other records retained by the Department of Human Services or an Oregon licensed child-caring agency as defined in ORS 418.205 in the department’s or agency’s record of an adoption case that are not records, papers and files in the court’s record of the adoption case are confidential and must be sealed. Any records, documents or information, including records, papers and files in the court’s record of the adoption case, retained by the department or agency in its record of an adoption case may be accessed, used or disclosed only as provided in this section or ORS 109.305 to 109.410 or 109.425 to 109.507, or pursuant to a court order for good cause.

(b) The department or agency may, without a court order, access, use or disclose any records, documents or information retained by the department or agency in its record of an adoption case, including records, papers and files in the court’s record of an adoption case that are in the possession of the department or the agency for the purpose of providing adoption services or the administration of child welfare services that the department or agency is authorized to provide under applicable federal or state law.

(8) Except as otherwise provided in this section, a court may grant a motion and enter an order allowing inspection, copying or other disclosure of records, papers and files that are maintained in the court’s record of an adoption case for good cause.

(9) Nothing contained in this section shall prevent the clerk or court administrator from certifying or providing copies of a judgment of adoption to the petitioner in an adoption proceeding, to the petitioner’s attorney of record or to the Department of Human Services.

(10) The provisions of this section do not apply to the disclosure of information under ORS 109.425 to 109.507.

(11) Except as provided in subsection (5)(d) of this section, the court may impose and collect fees for copies and services provided under this section, including but not limited to filing, inspection and research fees.

(12) Unless good cause is shown, when the court grants a motion to inspect, copy or otherwise disclose records, papers and files in the court’s record of an adoption case, the court shall order a prohibition or limitation on redisclosure of the records, papers and files, or of information contained in the records, papers and files.

(13) When inspection, copying or disclosure is allowed under this section, the court may require appropriate and reasonable verification of the identity of the requesting person to the satisfaction of the court.

432.250 Access to adoption records

The documents forwarded to the State Registrar of the Center for Health Statistics or sealed under ORS 432.245 may be opened by the state registrar only upon receiving an order from a court of competent jurisdiction or when requested by an agency operating a voluntary adoption registry established under ORS 109.450 for the purpose of facilitating the identification of persons registering under the provisions of ORS 109.425 to 109.507.

Filed Under: Original Birth Certificates Tagged With: Contact Preference Form, Oregon, State OBC Laws, Unrestricted

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. Lynn says

    March 3, 2019 at 3:48 pm

    Hi. Just wondering if it’s common practice for a birth certificate to list the name of the adoptive mother’s name as (in lieu of) the birth mother? Seems misleading, at best and at worst, a deliberate action to conceal that an adoption occurred. The record originated in 1952, Santa Clara County CA, so the practice may have been unique to the time and place or subsequently discontinued. I am attempting to assist my recently discovered cousin (DNA match on Ancestry.com) identity his birth parents. He was born in CA as stated above and taken to Oregon by his adoptive parents within days of his birth. Researching his rights to information at this point. Thanks.

    Reply
    • Gregory D. Luce says

      March 3, 2019 at 7:04 pm

      First, congratulations on the discoveries of you and your cousin. I hope they go well. And you’ve also discovered a reality for most adoptees born in the United States: our original birth records are replaced by amended birth records stating that we are “as if” born to our adoptive parents. It is a common practice to this day in every state in the United States. The larger issue, as I highlight throughout this site and in my work, is whether the adoptee, once an adult, can request and obtain the original birth record. In the vast majority of states that is not a right.

      California was the first state in the country to implement this practice, beginning in 1935. It exists to this day, and it is very difficult for an adult adoptee, born in California, to obtain a copy of his or her own original birth record. As for Oregon, it is model state for adoptees on this issue. Not only is a certified copy of the original birth record provided upon the adoptee’s request at age 21, but most court adoption records are also available upon request. If your cousin was actually adopted in Oregon, he should be able to obtain his records from the court of adoption. I hope that is the case.

      Reply
  2. Dave says

    December 27, 2019 at 9:07 am

    I am the child of an Oregon adopted Mother. She was adopted in 1916. She passed away in 2000. I have contacted several Oregon offices, some of which told I that I was eligible for her OBC. In the end, I am NOT eligible as “child of an adopdee”. I have been told that the record would be on file at the Multnomah County Court House, circuit Court. I feel that Oregon should understand, after records were opened and thousands of afopdees applied for OBC’s, that this is a highly saught after family record and should be available to the family. I have health issues in my family. If we could learn the ethnicity and some family background it could be helpful for future family members. These records are in captivity because of a few and the many have little interest how important they can be for descendts. I feel that we who desire these records are being discriminated against. I appreciate what you have done on this site. It is helpful. I give OR credit for opening the records. My question is; what office and who should I contact to plead my case?
    Thanks for what you do! DR

    Reply
  3. Alice says

    December 29, 2020 at 12:01 pm

    My mom was born & adopted in Oregon in 1921. She found out about her adoption when she was 71 years old, in 1993. She worked hard on the campaign in Oregon to allow adoptees to get their original birth certificate and was one of the first ones to actually receive it. Your mom’s document is over a century old. That in itself should qualify it to be released to the family. I don’t have any info to help you but I just want to encourage you to not give up. Somewhere in Oregon, there is a person with common sense who will help you. You just have to keep digging (they are harder to find then they used to be!).

    Reply

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Adoptee Rights Law Center

The Adoptee Rights Law Center PLLC is an adoptee-focused legal practice founded by Gregory Luce, a Minnesota lawyer and D.C.-born adoptee.

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

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Adoptee Rights Law Center PLLC
PO Box 19561
Minneapolis Minnesota 55419
T: (612) 221-3947
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Legal representation limited to issues involving Minnesota law and federal immigration law.

Oregon

Oregon Health Authority: Orders for Preadoption Birth Records

Oregon Department of Human Services: Adoption Search and Registry Program

Oregon Court of Appeals decision upholding Measure 58 against birth parent challenges on issue of alleged privacy and vested rights: Does 1-7 v. State of Oregon, 993 P.2d 822, (Ore. Ct. App. 1999).

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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