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Adoptee Rights Law Center

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Last updated on July 1, 2022

Tennessee

Summary

Nearly all adoptees in Tennessee who are 21 years of age have a right to obtain their own “adoption records,” which typically includes the original birth certificate. The only exception applies to adoptees 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. More information is available from the Tennessee Department of Children’s Services.

Why I classify Tennessee as a “Compromised Rights” State. Though almost all adult adoptees in Tennessee have a right to obtain their own OBCs, I list it as a compromised state for two reasons: 1) there are exceptions to receiving your own birth certificate; and 2) it uses a fairly complex administrative process that costs $150 plus 25 cents per page for documents (the fee is ten times the amount non-adoptees must pay to obtain a copy of their own birth certificates).

NOTE: Current law reflects the recent repeal of prior contact veto and registry provisions. The new law repealing these provisions became fully effective on July 1, 2022. An unofficial compilation of the changes is here. To view the law as it existed prior to July 1, 2022, I have saved this page on the Wayback Machine and also have a compilation of the prior law here.

Relevant Tennessee Law: Original Birth Certificates

68-3-310. New certificate of birth—Prerequisites
The state registrar shall prepare a new certificate of birth for a person born in Tennessee, upon receipt of required legal documents, as provided in the following cases:

(1) Adoption. A certified copy of adoption or certified copy of final decree of adoption and request for new certificate of birth by adoption;

* * *

(5) Report of Foreign Birth. The state registrar shall prepare a report of foreign birth for a child not born in any state, territory or possession of the United States whose adoptive parents are residents of Tennessee when required adoption papers have been received from a court of competent jurisdiction in Tennessee.

68-3-313. New certificate of birth — Sealing of documents
(a) (1) All legal documents pertaining to the adoption, legitimation or order of paternity, together with the certificate of birth in the original name, shall be placed in an envelope and sealed following the preparation of the new certificate.

(2) These sealed documents shall be preserved in a fireproof vault in the department and shall not be removed from that office, except by order of a court of competent jurisdiction.

(3) The sealed documents shall be opened by the state registrar for the purpose of issuing a copy of the certificate in the name at birth, upon receipt of a certified copy of an order of the court that granted the adoption, legitimation, or order of paternity or in legitimations by subsequent marriage of the parents or upon receipt of a directive from the department of human services consistent with § 36-1-126, § 36-1-127 or § 36-1-130.

(4) Upon receipt of a certified copy of an order from the court of competent jurisdiction ordering the annulment of an order of adoption, legitimation, or order of paternity or the replacement of a certificate of birth in the original name on file, the state registrar shall open the sealed documents, replace the certificate of birth in the original name in the volume of births in which originally filed, remove the new certificate, and place it under seal with the legal documents and the certified copy of the court order.

(b) When a new certificate of birth has been filed by the state registrar, all copies of the record of birth in the original name in the custody of any other party shall be forwarded to the state registrar upon receipt of the state registrar’s request.

Relevant Tennessee Law: Sealed Adoption Record Access

Note: A compilation of changes to Tennessee law that became effective July 1, 2022, is available here and is reflected below.

36-1-102. Part definitions (excerpts of definitions)

(3) “Adopted person” means:
(A) Any person who is or has been adopted under this part or under the laws of any state, territory, or foreign country; and

(B) For purposes of the processing and handling of, and access to, any adoption records, sealed adoption records, sealed records, post-adoption records, or adoption assistance records pursuant to this part, “adopted person” also includes a person for whom any of those records is maintained by the court, other persons or entities or persons authorized to conduct a surrender or revocation of surrender pursuant to this part, or which records are maintained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or the department of health or other information source, whether an adoption petition was ever filed, whether an adoption order was ever entered, whether the adoption was ever dismissed, whether the adoption was ever finalized, or whether the adoption was attempted or was otherwise never completed due to the abandonment of any necessary activity related to the completion of the adoption;

(6) “Adoption record” means:
(A)(i) The records, reports, or other documents maintained in any medium by the judge or clerk of the court, or by any other person pursuant to this part who is authorized to witness the execution of surrenders or revocations of surrenders, which records, reports, or documents relate to an adoption petition, a surrender or parental consent, a revocation of a surrender or parental consent, or which reasonably relate to other information concerning the adoption of a person, and which information in such records, reports, or documents exists during the pendency of an adoption or a termination of parental rights proceeding, or which records, reports, or documents exist subsequent to the conclusion of those proceedings, even if no order of adoption or order of dismissal is entered, but which records, reports or documents exist prior to those records, reports, or documents becoming a part of a sealed record or a sealed adoption record pursuant to § 36-1-126; or

(ii) The records, reports, or documents maintained in any medium by the department’s social services division, or by a licensed or chartered child-placing agency or licensed clinical social worker, and which records, reports, or documents contain any social, medical, legal, or other information concerning an adopted person, a person who has been placed for adoption or a person for whom adoptive placement activities are currently occurring, and which information in such records, reports, or documents exists during the pendency of an adoption or termination of parental rights proceeding, or which exists subsequent to the conclusion of those proceedings, even if no order of adoption or dismissal of an adoption has been entered, but which records, reports, or documents exist prior to those records, reports, or documents becoming sealed records or sealed adoption records pursuant to § 36-1-126;

(B) The adoption record is confidential and is not subject to disclosure by the court, by a licensed child-placing agency, by a licensed clinical social worker or by any other person or entity, except as otherwise permitted by this part; however, prior to the record’s becoming a sealed record or a sealed adoption record pursuant to § 36-1-126, the adoption record may be disclosed as may be necessary for purposes directly related to the placement, care, treatment, protection, or supervision by the legal custodian, legal guardian, conservator, or other legally authorized caretaker of the person who is the subject of the adoption proceeding, or as may be necessary for the purposes directly related to legal proceedings involving the person who is subject to the jurisdiction of a court in an adoption proceeding or other legal proceeding related to an adoption, including terminations of parental rights, or as may otherwise be necessary for use in any child or adult protective services proceedings concerning the person about whom the record is maintained pursuant to titles 37 and 71;

(C) The adoption record shall not, for purposes of release of the records pursuant to §§ 36-1-127 – 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;

(34) “Lineal ancestor” means any degree of grandparent or great-grandparent, either by birth or adoption;

(35) “Lineal descendant” means a person who descended directly from another person who is the biological or adoptive ancestor of such person, such as the daughter of the daughter’s mother or granddaughter of the granddaughter’s grandmother;

(41) “Post-adoption record” means:
(A) The record maintained in any medium by the department, separately from the sealed record or sealed adoption record and subsequent to the sealing of an adoption record or that is maintained about any sealed record or sealed adoption record. The post-adoption record contains information, including, but not limited to, adopted persons or the legal or biological relatives of adopted persons, or about persons for whom sealed records or sealed adoption records are maintained, or about persons who are seeking information about adopted persons, or persons on whom a sealed record or sealed adoption record is maintained. The post-adoption record contains information concerning, but not limited to, the written inquiries from persons requesting access to records, the search efforts of the department, the response to those search efforts by those persons sought, information that has been requested to be transmitted from or on behalf of any person entitled to access to records pursuant to this part, any updated medical information gathered pursuant to this part, court orders related to the opening of any sealed adoption records or sealed, and personal identifying information concerning any persons subject to this part;

(B) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2), that indicates the child’s date of birth, the date the agency received the child for placement, from whom the child was received and such person’s last known address, with whom the child was placed and such person’s or entity’s last known address, and the court in which the adoption proceeding was filed and the date the adoption order was entered or the adoption petition dismissed; and

(C) This record is confidential and shall be opened only as provided in this part;

(46)(A) “Sealed adoption record” means:
(i) The adoption record as it exists subsequent to its transmittal to the department, or subsequent to its sealing by the court, pursuant to the requirements of § 36-1-126; or

(ii) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2);

(B) This record is confidential and shall be opened only as provided in this part;

(C) The sealed adoption record shall not, for purposes of release of the records pursuant to §§ 36-1-127 – 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;

(47)(A) “Sealed record” means:
(i) Any records, reports, or documents that are maintained at any time by a court, a court clerk, a licensed or chartered child-placing agency, licensed clinical social worker, the department, the department of health, or any other information source concerning the foster care or agency care placement, or placement for adoption, of a person by any branch of the Tennessee children’s home society authorized by Public Chapter 113 (1919); or

(ii) Any records, reports, or documents maintained by a judge, a court clerk, the department, a licensed or chartered child-placing agency, a licensed clinical social worker, the department of health, or any other information source that consist of adoption records or information about an adoption proceeding or a termination of parental rights proceeding about an adopted person, or that contain information about a person who was placed for adoption but for whom no adoption order was entered or for whom an adoption proceeding was dismissed or for whom an adoption was not otherwise completed, or that contain information concerning persons in the care of any person or agency, and which records have otherwise been treated and maintained by those persons or entities under prior law, practice, policy, or custom as confidential, nonpublic adoption records, sealed adoption records, or post-adoption records of the person, or that may be otherwise currently treated and maintained by those persons or entities as confidential, nonpublic adoption records, sealed adoption records or post-adoption records of the person; or

(iii) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2);(B) This record is confidential and shall be opened only as provided in this part;

(C) The sealed record shall not, for purposes of release of the records pursuant to §§ 36-1-127 – 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;

(48) “Sibling” means anyone having a sibling relationship;

(49) “Sibling relationship” means the biological or legal relationship between persons who have a common biological or legal parent;

36-1-126. Record kept under seal—Confidential records—Access to certain records—Preservation of records
(a) All adoption records, court reports, home studies, preliminary home studies, other reports or other documents or papers or other information concerning the placement or attempted placement of a person for adoption, or other information concerning the litigation of the adoption or attempted adoption of a person, which information is in the office of the judge or clerk of the court where the adoption was filed, or any such records, reports, or documents in the offices of a licensed child-placing agency, a licensed clinical social worker, or in the county, regional or state offices of the department of health, or in the county, district, and state offices of the department of children’s services, shall be placed and remain under seal, except as provided herein or in § 36-1-118(e)(4), or in title 68, and shall be confidential and shall be disclosed only as provided in this part.

(b) (1) Upon the granting or dismissal of an adoption petition, or after entry of the final order dismissing the adoption all records and reports, home studies, and preliminary home studies or other information described in subsection (a) relating to the adoption proceeding and all records, reports and other documents related to the child’s placement with the department or the licensed or chartered child-placing agency or licensed clinical social worker and with the adoptive or prospective adoptive family that are in the offices of the department or in the offices of any Tennessee licensed child-placing agency or licensed clinical social worker, shall be forwarded by the county and district offices of the department’s social services division and by the licensed child-placing agency or licensed clinical social worker involved in any such proceedings to the state office of the department, which shall place the records under seal and ensure their safekeeping; provided, that copies of any records that relate to a child who is placed or retained in the custody or guardianship of the department or a licensed child-placing agency after the dismissal of an adoption proceeding without further adoption of the child by any person or pursuant to any guardianship or other order of the court pursuant to this part shall be retained as confidential foster care records pursuant to title 37, chapter 2, part 4 and shall be utilized by the department or licensed child-placing agency for the care, supervision, protection, and treatment of that child as may be necessary.

(2) The licensed child-placing agency, chartered child-placing agency or licensed clinical social worker shall, however, maintain a limited record that indicates the child’s date of birth, the date the agency received the child for placement, from whom the child was received and their last known address, with whom the child was placed and their last known address, and the court in which the adoption proceeding was filed and the date the adoption order was entered or the adoption petition dismissed.

(3) The information in the limited record shall be confidential and not open to inspection by any person, except as provided in this part. These records shall be maintained in a locked file or other secure depository by the agency or by the licensed clinical social worker or, if kept in electronic media, shall be maintained in a method that restricts access only to authorized agency personnel or the licensed clinical social worker. The limited record shall only be accessible to authorized agency personnel or the licensed clinical social worker or to authorized personnel of the department in the performance of its duties under this part or for inspection under the department’s licensing duties, or as otherwise authorized by this part.

(4) Upon entry of an order of adoption or dismissal of a petition for adoption the clerk of the court where the adoption proceeding was initiated or filed shall forward a certified copy of the order to the adoptions unit in the state office of the department in Nashville.

(5) (A) Any licensed child-placing agency or licensed clinical social worker that or who plans to cease conducting its activities related to the adoptive placement of children, the conduct of home studies, or any other such adoption-related services, shall notify the adoptions unit of the state office of the department in Nashville by certified mail, return receipt requested, thirty (30) days in advance, and shall forward all records related to any adoption-related services it has performed to the department.

(B) The department is specifically authorized to file a complaint and seek any necessary court orders, including injunctive relief of any kind, from any chancery or circuit court to preserve those records from loss or destruction and to obtain possession of those records for their preservation.

(C) Upon receipt of the records, reports, home studies and other information, the department shall take any necessary steps to preserve the records, reports, home studies and other information in accordance with this part. These records, reports, home studies and other information shall be filed as a sealed adoption record or sealed record, and all such records shall be confidential, and shall be otherwise subject to the provisions for access as provided pursuant to this part.

(6) (A) The clerks of the courts of this state are specifically authorized to undertake efforts to locate in any public building in their respective counties any records of adoptions or attempted adoptions of any person by any court, including former county courts or any court that previously had adoption jurisdiction, which records may be in the control or possession of any person or entity. Upon location of these records, if it is determined that the information therein was the result of an adoption that was filed or consummated and the clerk has no prior record of the adoption, the clerk shall record the existence of this adoption record in a special docket book for this purpose, shall maintain the adoption petition, consents or surrenders, and the order in a file for that purpose under this part, and shall transmit to the department certified copies of the adoption petition, the surrenders and consents and the order of adoption, and the originals of any remaining documents in the record that have been located.

(B) Upon receipt of the record, the department shall take any necessary steps to preserve the record, and the record shall be treated as sealed adoption records pursuant to this part.

(c) (1) The sealed adoption record shall be registered by the department in such a manner as to record the names of the adopted person, the adopted person’s birth name, the person’s date of birth and social security number, the names of the adoptive parents, and, if possible, any information concerning the names of birth parents of the child that is readily accessible to the department, the court where the adoption was filed, the docket number of the court proceeding, and the date of the adoption decree or the order of dismissal of the adoption petition; provided that sealed records may continue to be registered and maintained under prior departmental procedures. The department may record such other information as it shall deem necessary to maintain adequate information concerning the location of the sealed adoption record or sealed record and the means by which to locate such record.

(2) Such registration record shall be maintained in a secure manner so that no unauthorized persons may obtain access to the records. The sealed adoption record shall be placed in a separate sealed folder or in a suitable electronic media format wherein the record can be held under a separate file name, and shall be stored with the division of records management of the department of state, which shall carefully protect and preserve the sealed adoption records or sealed records and shall maintain proper security for the confidentiality of the sealed adoption records or sealed records.

(3) If electronic methods of recording the information contained in the sealed adoption records or sealed records are employed, the departments of children’s services and general services shall utilize any necessary methods to ensure the preservation and confidentiality of the electronic records.

(d) (1) The department may open the adoption records, the sealed adoption records, sealed records, or post-adoption records, adoption assistance records, or limited records in subsection (b) in order to perform any duties required under this part, and any specific provision for access to such records contained herein shall not be construed as a limitation on the ability of the department to access such records for such purposes.

(2) Notwithstanding any law to the contrary, including ง 68-3-313, the department shall, upon its request, be granted access to and shall be provided a copy of the original birth certificate or any order or record of adoption of the adopted person in the custody of the division of vital records.

(3) For purposes related to any federal or state audit relative to an adoption assistance program or an adoption assistance grant, the department may open any record for the sole and limited purpose of complying with the audit requirements of the federal or state program.

(4) For purposes related to the determination of eligibility of any child for adoption assistance, the departments of children’s services and finance and administration, or any successor agencies responsible for the care of children in state custody or guardianship or for administration of the finances for children in state custody or guardianship, may open any adoption record, sealed adoption record, sealed record, post-adoption record, sealed home study records, or adoption assistance record for that limited purpose and may utilize any information in such records in any manner necessary for eligibility determination or adjudication of a claim for such assistance.

(5) (A) For purposes related to the determination of eligibility of any adopted person or any person placed for adoption for any federal or state benefit or any other benefits to which they may be entitled, or to provide to a Title IV-D child support office information necessary to verify the status of an adoption for purposes of determining a current or past child support obligation or for terminating a future obligation for child support, the departments of children’s services and finance and administration, or any successor agencies responsible for the care of children in state custody or guardianship or for administration of the finances for children in state custody or guardianship, may open any adoption record, sealed adoption record, sealed record, post-adoption record, sealed home study records or any adoption assistance record and disclose any information contained in those records that may be necessary to permit determination of:

(i) Eligibility for or correction of payments made to or on behalf of an adopted person; or
(ii) The status of current, past or future child support obligations that are, or may be, due on behalf of any adopted person.

(B) Any information released for any purpose of this subdivision (d)(5) shall be used only for the purposes stated in this subdivision (d)(5), and shall otherwise remain confidential in any agency or court records in which it may appear; and the information shall not be open to the public, except as otherwise provided by this part.

(6) The department may open or utilize for any purpose the adoption record, sealed adoption record, sealed record or the post-adoption record at any time in order to obtain any information concerning any person who may be placed in the custody or guardianship of the department or any other agency of the state or service provider of the state by any court or by the adopted person’s parents, or who may be placed with the department or any other agency of the state or service provider of the state due to any re-surrender of the adopted person to the department by the adopted person’s adoptive parents or the person’s prospective adoptive parents.

(7) The department may open the sealed adoption record or sealed record when a birth certificate in the adopted name was not issued and it becomes necessary to open the sealed adoption record to provide any information to the office of vital records to complete the birth certificate.

(8) The department, the department of general services, or their specifically authorized agents, may open the sealed adoption records, sealed records, or post-adoption records at any time it becomes necessary to perform any tasks related to the preservation of the records, and each department is specifically authorized to utilize any methodology that now exists or that may be developed in the future for the permanent preservation of a sealed adoption record, sealed record or post-adoption record, and they may open the records for the limited purpose of undertaking these preservation methods. This subdivision (d)(8) shall not authorize the release of any information contained in the records to any other person or entity except as specifically authorized by this part, or as may be directly related to the preservation of the records.

(9) After use of the records pursuant to this subsection (d), they shall be re-sealed and returned to storage.

(e) In the event of an appeal from any ruling of the trial court in the adoption proceeding, the clerk shall place the court’s record of the adoption proceedings in a sealed file in a locked file or other secure depository or, in the event of the use of electronic storage, the records shall be maintained in a secure method of storage that restricts access only to the clerk and other persons authorized by the court. These records shall remain confidential and shall not be open to inspection by anyone other than the trial or appellate courts, the clerk, the parties to the proceeding, or the licensed child-placing agencies, or the licensed clinical social worker, or the department or other governmental agencies that have been involved in the case, except by order of the court.

36-1-127. Availability of records to adopted persons and certain other persons for adoptions finalized or attempted prior to certain dates
(a) (1) On March 16, 1951, Chapter 202 of the Public Acts of 1951 became effective. As a result, all records related to persons who had been adopted, all records concerning a person for whom any records were maintained and that may have related to an adoption or attempted adoption and that were treated by the department of human services, the former department of public welfare, the courts, the department of health, or any other information sources as a sealed record or sealed adoption record involving an adoption or attempted adoption of a person, became confidential, non-public records that were not made readily available to persons about whom the records were kept.

(2) It is the intent of the general assembly that all adoption records, court records, sealed records, or sealed adoption records, and post-adoption records and other records or information, except as may otherwise be provided in this part, and that are contained in any information source on and after January 1, 1996, and that were in existence on March 16, 1951, be made available to eligible persons as provided in this part, and that to that end this is remedial legislation.

(3) It is the further intent of the general assembly, in view of the testimony before the adoption study commission established by Senate Joint Resolution 17 of the Ninety-Eighth General Assembly (1993 session), which testimony demonstrated the great concern by many persons regarding the practices of certain Tennessee adoption agencies in earlier years, that any adoption records, sealed records, sealed adoption records or post-adoption records, or other records maintained at any time by the Tennessee children’s home society or its branches or divisions, chartered on June 24, 1913, and authorized under Chapter 113 of the Public Acts of 1919; and any branch or division thereof, including an organization known as the Tennessee children’s home society-Shelby County division, which was referenced in the report of the Tennessee department of public welfare to Governor Gordon Browning dated June 12, 1951, shall also be made available to eligible persons in accordance with this part, whether such records were completed or sealed before, on, or after March 16, 1951, and whether any persons subject to the care and supervision of such agency or its branches were ever actually adopted, and to that end this is remedial legislation.

(b) Effective January 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections:

(1) (A) All adoption records, sealed records, sealed adoption records, post-adoption records, home studies, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person, which adoption was finalized by completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding prior to March 16, 1951; or which adoption was otherwise never completed due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records were sealed or closed by the court before that date, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or

(B) Any adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person that before the effective date of Chapter 532 of the Public Acts of 1995 [see Compiler’s Notes], have been treated as, or have been determined by the department or any other information source to be, cases of adoptions finalized by the completion of the adoption by the entry of an order of adoption or by entry of an order of dismissal of the adoption prior to March 16, 1951; or that have been treated by or are determined by the department as finalized adoptions due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or

(2) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other papers or records, existing either before or after March 16, 1951, concerning a person who was subject to the care and supervision, or subject to placement for foster care or adoption, by any agency described in subdivision (a)(3), or which records were maintained by any child care or child-placing agency that had, either before or after March 16, 1951, subsequently assumed the care and supervision of a child who had previously been subject to the care and control of an agency described in subdivision (a)(3), whether or not the adoption of such person was the plan, whether the person was placed for the purpose of adoption or whether the adoption was finalized by entry of an order of adoption or by order of dismissal of the adoption, whether the adoption was attempted, or was otherwise never completed due to failure to file an adoption petition or due to the abandonment of any further necessary activity related to the completion of the adoption, either before or after March 16, 1951; and

(3) Which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children’s services, or in any other information source, shall be made available to the following eligible persons:

(A) An adopted person or a person subject to subdivision (b)(1) and (2) who is twenty-one (21) years of age or older for whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is, nevertheless, maintained;
(B) The parents of any person described in subdivision (b)(3)(A);
(C) The siblings of any person described in subdivision (b)(3)(A);
(D) The lineal descendants, twenty-one (21) years or older, of any person described in subdivision (b)(3)(A);
(E) The lineal ancestors of a person described in subdivision (b)(3)(A); or
(F) The legal representatives of the person described in subdivisions (b)(3)(A)-(E).

(c) Effective July 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections:

(1) (A) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers for a person relating to the adoption or attempted adoption of a person, which adoption was finalized by the completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding on or after March 16, 1951, or which records relate to an adoption or attempted adoption where the adoption petition was filed on or after March 16, 1951, or that was otherwise never completed, due to the abandonment, as determined by the department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children’s services, or in any other information source, shall be made available to the following eligible persons:

(i) An adopted person or a person subject to subdivision (c)(1)(A) who is twenty-one (21) years of age or older on whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is maintained;
(ii) The legal representative of a person described in subdivision (c)(1)(A)(i).

(B) Information from any records of an adopted person, or any person otherwise subject to subdivision (c)(1)(A) for whom records are otherwise maintained, shall be released by the department or any other information source only to the parents, siblings, lineal descendants, or lineal ancestors, of the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), and only with the express written consent given to the department by the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), twenty-one (21) years of age or older, or such person’s legal representative; provided, that nothing herein shall be construed to prevent access to identifying information in the records of the adopted person as otherwise permitted or required pursuant to §§ 36-1-125, 36-1-126 and 36-1-138.

(C) If an adopted person or a person for whom records are maintained as described in subdivision (c)(1)(A) is deceased or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant to § 36-1-138(c)(7), to be given access to the records of such person.

(2) On July 1, 1996, the records access procedure established pursuant to subdivision (c)(1) and subsections (d)-(h) and other sections of this part shall become effective for access to records and contact by eligible persons under this part as set forth in subdivision (c)(1) and any other provisions of this part.

(3) Effective January 1, 1996, the basis for judicially-ordered opening of all records pursuant to this part shall be the provisions set forth in § 36-1-138 and any other relevant provisions of this part.

(d) (1) Except in cases arising pursuant to subsection (b) or § 36-1-138, no access to identifying information in any adoption record, sealed record, sealed adoption record, post adoption record or adoption assistance record shall be granted:

(A) To any parent, pre-adoptive guardian, sibling, lineal descendant or lineal ancestor of a person under twenty-one (21) years of age; or

(B) At any time to any parent or pre-adoptive guardian, or to a sibling, lineal ancestor, or spouse or legal representative of the person whose rights were involuntarily terminated for cause in a termination of parental rights proceeding; or

(C) To any persons whom the sealed record, sealed adoption record or the post adoption record indicates were guilty of a crime of violence or neglect involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent.

(2) Notwithstanding any other law to the contrary, no identifying information from the sealed records, sealed adoption records or post adoption records shall be released without the written consent of the biological parent if such records indicate that, with respect to the adopted person, the biological parent was the victim of rape or incest. If a biological parent for whom records contain such information is deceased or if a conservator of the person and property of such person has been appointed under title 34, the lineal descendants of such person may petition the court pursuant to the same procedures established pursuant to § 36-1-138(c)(7) to be given access to identifying information of the biological parent.

(f) (1) Access by any eligible person under any subsection of this section to any records held by the department, the court, the department of general services or health, or any licensed child-placing agency or licensed clinical social worker may only be had after verification of the identity of the requesting party and written authorization by the department is received by those information sources from the department.

(2) If the department does not have a sealed record, sealed adoption record, or post-adoption record, and if the person seeking information concerning the history of an adopted person has a copy of the order of adoption from a Tennessee court, or in cases where the adoption was handled by any agency described in subdivision (a)(3), a copy of an order of adoption from any other court and/or any other proof of the person’s care, supervision, or placement for adoption by any agency described in subdivision (a)(3), and any other proof of the adoption of the person in Tennessee, any of which, in the discretion of the department is satisfactory to prove that the person is an eligible person, the department may issue a statement to that person permitting that person to obtain access to any records held by any other information source.

(g) (1) A request for access to an adoption record, sealed adoption record, sealed record, or a post-adoption record, pursuant to this section, shall be made in writing to the department.

(2) The writing shall include the following information:

(A) The name, date of birth, address, and telephone number of the person requesting the access;
(B) Information, including legal documents or affidavits, if available, that establish the person’s legal relationship to any person under this section or that otherwise establishes the person’s right to request access;
(C) Any other information that the department requires to establish the person’s identity, to locate records involving the requesting parties or the persons with whom contact may be sought, and to establish the person’s right to request access; and
(D) Identification of any person or persons or class of persons, if any, with whom the requesting party seeks contact; provided, that this provision shall not apply to persons seeking information pursuant to subsection (b).

(3) If the information in the written request does not establish the person’s right to have access to the records, the department will search the sealed adoption and post-adoption records, including those of other alleged siblings, if available, for information that may establish the person’s right to have such access.

36-1-133. Release of nonidentifying information concerning biological or legal family.
(a) Upon written request of an adopted person eighteen (18) years of age or older or of the adoptive parents or guardian of an adopted person under eighteen (18) years of age, the biological or legal relatives of an adopted person, the lineal descendants of the adopted person, or the legal representatives of such persons, the department shall provide to such persons, upon proper identification of such persons by the department, nonidentifying information about the adopted person and such person’s biological or legal relatives as may be contained in the adopted person’s sealed adoption record, sealed record or post-adoption record.

(b) The information that may be released shall include only the following; provided, that nothing in this section shall be construed to authorize or require the release of any information from a sealed adoption record, sealed record or post-adoption record if such information would lead to the discovery of the identity or whereabouts of the biological or legal relatives of the adopted person, or unless § 36-1-138 is applicable:

(1) The date and time of the birth of the adopted person and such person’s weight and other physical characteristics at birth;
(2) The age of the adopted person’s biological relatives at the time of such person’s birth;
(3) The nationality, ethnic background, race and religious preference of the biological or legal relatives;
(4) The educational level of the biological or legal relatives, general occupation and any talents or hobbies;
(5) A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion and other similar information;
(6) Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children; and
(7) Available health history of the adopted person, and the person’s biological or legal relatives, including specifically, any psychological or psychiatric information that would be expected to have any substantial effect on the adopted person’s mental or physical health.

(c) Whenever the department releases information pursuant to this section and it appears from the record that the adopted person who has sought information has been adopted two (2) or more times, the department shall specify whether the information released pertains to the adopted person’s birth parents or to any intervening adoptive parent or parents.

36-1-NEW (not yet numbered, effective July 1, 2022)
Notwithstanding §§ 36-1-102, 36-1-125, 36-1-126, 36-1-127, 68-3-313, or another law to the contrary, all adoption records, sealed adoption records, and unsealed adoption records deemed to be confidential pursuant to this part will be a public record and open to inspection when one hundred (100) years have elapsed since the date the adoption was finalized. If an adoption was not finalized, or the date the adoption was finalized is not clearly indicated in the adoption record, then the adoption record will be a public record and open to inspection when one hundred (100) years have elapsed since the creation of the oldest dated item in the adoption record.

Note: Tennessee provides online access to its official statutes through Lexis/Nexis, a proprietary service. Unfortunately, access may be difficult without a Lexis account. To the extent that they can be accessed, Tennessee’s statutes are available on Lexis here.

Filed Under: Original Birth Certificates Tagged With: Compromised Rights, Contact Veto, State OBC Laws, Tennessee

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. Leslie Cash Jobe says

    May 2, 2018 at 4:20 pm

    Hi Gregory,
    While this is all very technical and such, I am trying to get a copy of my original bc from Hamilton County in TN. I know my birth mother’s name, not my father, and what hospital I was born in. How do I get a certificate so I know if it has my birth father’s name on it? Thanks for you help!
    PS. I’m glad you have a sense of humor.

    Reply
    • Gregory D. Luce says

      May 3, 2018 at 7:35 pm

      You would just go here, the website for the Tennessee Department of Children’s Services, and download the forms you need, follow the instructions, and send things in.

      Reply
  2. Ashland High-Shalchick says

    November 21, 2020 at 9:42 am

    Help me Gregory.
    How would I go about finding anything on a closed adoption? My adoptive parents know nothing, no found paperwork has any names and it’s been 28 years. What would be my first step? All I know was I was born in McMinn County, and I called their health department when I was 21 and they said they don’t keep records past 16 years. My adoptive mother recently called the Hamilton county health department and neither mine nor my adoptive brother’s records could be found. My adoptive brother has met his entire family and I need my family’s medical history because I just had my first kid. Thanks for reading this long block of text, hopefully you’ll find some humor in the situation.

    Reply
    • Gregory D. Luce says

      November 21, 2020 at 5:37 pm

      If this is Tennessee, have you tried using the process the state has to obtain your adoption records? Information is here, and there are restrictions, but it’s a process that should provide documents if you were born/adopted in Tennessee.

      Reply
  3. Carla says

    April 9, 2021 at 12:20 pm

    Thank you for your site. I stumbled on it when my husband told me about the recent updates to the veto. I have debated getting access to my records for years and keep putting it off due to the cost. I know nothing about the hospital I was born at or my birth parents’ names, it was a closed adoption.
    I’m glad TN is making some changes to the adoption records area. But I find this ridiculous that they charge this for getting access to “my” records. And if they allow you access, you pay 25 cents per page! I used to do adoption for the state and know exactly how adoption records are sealed and put together in a certain order. It would not take someone long to go through the records and I’m sure they store them in a certain order.
    Here’s their fees:
    Request for access to sealed adoption record: $150
    Request for non-identifying information in the sealed adoption record: $45
    Search for birth relatives identified in the sealed adoption record: $135
    Contact Veto Registry: $25
    Advance Notice Registry: $25

    Reply
  4. Amanda says

    January 24, 2022 at 2:59 am

    What if I’m a parent who would like to pre-pay on the books so if my children would like contact or get their original birth certificate when they are valid age they can do so without needing funds.

    Charging these children this much to know their identity is an outrage.

    Waiting untill they are 21 is outrageous. If they are legal for themselves at 18 they should be able to get their paperwork at 18.

    All adopted children should be required by law they were adopted and should get a letter and their original adoption papers mailed to them from the government, same they would do for service cards, child support, or voting rights.

    Btw changing the children’s names and parents name are wrong no matter what. It should be illegal. If you want to add some lines for adoptive parent then that’s fine and dandy.

    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.

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. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain their own original birth certificates. A new law, effective August 1, 2022, restored this right. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Adoptees must be 18 years of age before requesting their OBCs. Maine also allows a birth parent to file a genuine contact preference and medical history form, which is attached to the original birth certificate. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state because there are so few current adult adoptees who may qualify under its compromised law, which applies only to adoptions finalized on or after January 1, 2000. Because adoptees must also be at least 21 years of age to request the OBC, the law effectively applies only to those adoptees who were older at the time and adopted on or after January 1, 2000. In addition, birthparents under the compromised law may at any time veto disclosure of birth records or identifying information. Adoptees whose adoptions were finalized before January 1, 2000, do not have a right to obtain their OBCs. It remains available only by court order. Read more.
Massachusetts. 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. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain their own original birth certificates. A new law, effective August 1, 2022, restored this right. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Adoptees must be 18 years of age before requesting their OBCs. Maine also allows a birth parent to file a genuine contact preference and medical history form, which is attached to the original birth certificate. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state because there are so few current adult adoptees who may qualify under its compromised law, which applies only to adoptions finalized on or after January 1, 2000. Because adoptees must also be at least 21 years of age to request the OBC, the law effectively applies only to those adoptees who were older at the time and adopted on or after January 1, 2000. In addition, birthparents under the compromised law may at any time veto disclosure of birth records or identifying information. Adoptees whose adoptions were finalized before January 1, 2000, do not have a right to obtain their OBCs. It remains available only by court order. Read more.
Massachusetts. 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

11unrestricted
24compromised
16restricted
51View All

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