Summary
Texas law does not provide adult adoptees access to their own original birth certificates, except by court order. An adult adoptee must petition the court in which the adoption occurred for release of an original birth certificate and “documents on which the supplementary certificate is based.”
Beginning in 2005, adoptees 18 years of age or older who also know the identities of their birth parents may obtain a non-certified copy of their OBC without the need for a court order. Forms and information about requesting an OBC under the 2005 law are available here.
Join Me to Help Change Texas Law
The Adoptee Rights Law Center is part of the Texas Adoptee Rights Coalition, a coalition of local and national organizations engaged in Texas to change the law and to restore the full right of all adoptees to request and obtain their own original birth certificates.
Adoption court records in Texas are sealed by motion of the court or on request of adoptive parents and may not be released except through a showing of good cause.
The Texas Vital Statistics Unit also maintains a Voluntary Central Adoption Registry, part of a system of public-private registries in the state. After a match, identifying information may be released through the registry on three conditions: 1) written consent to allow disclosure; 2) at least one hour of mandatory counseling; and 3) certification of the completion of counseling. The statute governing voluntary adoption registries in Texas is here.
Relevant Texas Law: Original Birth Certificate
Sec. 192.008. Birth Records of Adopted Person
(a) The supplementary birth certificate of an adopted child must be in the names of the adoptive parents, one of whom must be a female, named as the mother, and the other of whom must be a male, named as the father. This subsection does not prohibit a single individual, male or female, from adopting a child. Copies of the child’s birth certificates or birth records may not disclose that the child is adopted.
(b) After a supplementary birth certificate of an adopted child is filed, information disclosed from the record must be from the supplementary certificate.
(c) The executive commissioner shall adopt rules and procedures to ensure that birth records and indexes under the control of the department or local registrars and accessible to the public do not contain information or cross-references through which the confidentiality of adoption placements may be directly or indirectly violated. The rules and procedures may not interfere with the registries established under Subchapter E, Chapter 162, Family Code, or with a court order under this section.
(d) Except as provided by Subsections (e) and (f), only the court that granted the adoption may order access to an original birth certificate and the filed documents on which a supplementary certificate is based.
(e) A person applying for access to an original birth certificate and the filed documents on which the supplementary certificate is based is entitled to know the identity and location of the court that granted the adoption. If that information is not on file, the state registrar shall give the person an affidavit stating that the information is not on file with the state registrar. Any court of competent jurisdiction to which the person presents the affidavit may order the access.
(f) An adult adoptee who is applying for access to the person’s original birth certificate and who knows the identity of each parent named on the original birth certificate is entitled to a noncertified copy of the original birth certificate without obtaining a court order.
Relevant Texas Law: Adoption Court Records
Sec. 162.016. Adoption Order
(a) If a petition requesting termination has been joined with a petition requesting adoption, the court shall also terminate the parent-child relationship at the same time the adoption order is rendered. The court must make separate findings that the termination is in the best interest of the child and that the adoption is in the best interest of the child.
(b) If the court finds that the requirements for adoption have been met and the adoption is in the best interest of the child, the court shall grant the adoption.
(c) The name of the child may be changed in the order if requested.
Sec. 162.021. Sealing File
(a) The court, on the motion of a party or on the court’s own motion, may order the sealing of the file and the minutes of the court, or both, in a suit requesting an adoption.
(b) Rendition of the order does not relieve the clerk from the duty to send information regarding adoption to the vital statistics unit as required by this subchapter and Chapter 108.
Sec. 162.022. Confidentiality Maintained by Clerk
The records concerning a child maintained by the district clerk after entry of an order of adoption are confidential. No person is entitled to access to the records or may obtain information from the records except for good cause under an order of the court that issued the order.
Texas had unrestricted legislation the past two biennial sessions. SB329 was passed out of committee but not voted on. More info at texasadopteerights.org
I am adopted. I can’t find my original birth certificate or adoption records. My name is in the Texas vital statistics as of a birth record. It is like I was born to my adoptive parents. My birth certificate says all the right information for my adoptive parents. Do you have any ideas how I can turn up my adoption records and or my original birth certificate. I was adopted in Texas possibly California. But my birth certificate says Texas. Can you help me. [email protected]. Thank you.
From Texas – I got my Court Order by going to the courthouse, and getting directions to a State District Judge’s office there inside. I went into the office, introduced myself and said what I needed,
“I’m adopted. I want to get a copy of my Original Birth Certificate but the lady at the Birth Certificates Office said she won’t give me one without a Court Order.” The Judges Secretary said just a minute, and went into the Judges personal office. After a moment she came out, typed something and went back in to the Judge. Then she came out and handed me a letter saying, ” Please give (me) a copy of his original birth certificate”, signed and sealed.
I gave that letter to the same angry bitter woman at the records office. She then tendered a copy of my original Birth Certificate, and still angry and bitter, and now with contempt added.
You don’t mention the year you did this. The law now is that it must be the judge in the court of adoption. With 254 counties each with different judges, each one makes their own decisions. Only ONE county opens to all that request. The judges in the other courts cherry pick and rarely grant access. “Good cause” is whatever they want it to be. And often that means that people in their 70s with healtih issues continue to be denied.
Some courts allow intermediaries to have access and they charge $650 and up. They are not allowed to tell the Adoptee any information without signed permission from the birth family. So if the birth mother is deceased or they can’t find someone or their part of the lesson 2% the do not want contact the adoptee is left in the same position.
The geography of one’s birth should not determine ones rights.
The only reason laws did not pass in Texas in 2013 2015 and 2017 was because of state senator Donna Campbell.
In 2013 she look down at me in this Texas State Senate hearing and said “I don’t understand for one need, is this for financial reasons that they think that they’re entitled to something”
2015 the bill passed out of the house on 138/1 passed out of senate committee 8/0. Said to be heard on the floor Senator Campbell went to lt gov. Dan Patrick and begged him to not bring the bill to the floor. He agreed and the bill died.
2017 Senator Campbell sent out letters to all the other senators filled with lies about the issues. She colluded with Senator Charles schwertner ( had signed on to the bill and promised to support it and then voted against it in immittee and took his name off and refuses to meet with constituents) Senator Uresti ( just convicted on unrelated felonies) Senator Zaffirini (.uses Dr. Campbell as her doctor and traded votes on this bill for her texting bill) the list goes on and on.
The only way to pass this bill is to get Campbell out of office. Running against her in this election are two people who have pledged support: D) Steven Kling (came and gave testimony in favor in 2017) and R) Shannon McClendon who has pledged support.
Getting laws passed is a tedious process and those in each state know what goes on behind the scenes. Want lahws passed? In Texas that means making campaign contributions to the others running and getting your friends and families to get out and vote.
Sam, it is great that you got yours, how are you helping others?
The year was about 1978. The new law is hardly better – ‘if I know what do I care, for an official document’?
It seems to me, that as a matter of justice, the Rights of a minor can not be extinguished in perpetuity without due process that allows the party to speak for themselves, beginning at whatever the legal age to contract is that is applied to all citizens.
That a birth parent would have to mount a defense as a Jane Doe is not insurmountable. Regardless, the problem of anonymity is the parents. That arena is no place for a government to discriminate against a rather lare number of its citizens.
Judges retire, die, move on, etc., so your statement about it being the same judge is 100% FALSE! Please get your facts straight. It has to be the same county where adoptions take place.
I would be surprised to hear that a clerk refused a court order by a judge in the county in possession of the document.
I would think Case records are filed in the county where the officiating adoption agency is located, the Birth Certificate is in Travis County, TX
County Judges have jurisdiction of the records in their county, only.
The LOCATION of the record guides you.
What court were you in? I am in Texas too and mine adoption was done in the 113th court. So I am wondering if maybe it was the same judge so I can be better prepared. Thank You
Why do you think it has to be the same judge? It says the same COURT, not judge. The judge is not the COURT.
I am a Texas adoptee who has located my birth parents. I would like to get a certified copy of my OBC. I live in WA state but am in Austin this week. Is this something I can do in Austin, or do I need to go to Tarantino County where I was born?
Thanks for any help,
Michael Moyer (Bell)
Michael,
Yes, you absolutely can go to vital statistics in Austin and apply for your OBC in person. The application can be downloaded and printed here.
The process is a bit different from obtaining an amended birth certificate. A clerk will meet with you in a private cubicle and take your application. It usually takes a week to process a request made in person and you may either pick it up or have it mailed. Best of luck!
Since to you know the names on your original birth certificate you are authorized to receive a copy of your original birth certificate from the state of Texas. The forms are online but also look on Facebook for an organization called Texas DNA and adoptee search support they have all the forms that you need in the group happy to help you
I am a Texas adoptee that is trying to get a copy of OBC. I am not looking for financial gain, or even a meeting, rather medical information. I have already been diagnosed with Adult Onset Stills, R.A. since I was 30 and now my son is 13 and wondering what he could get as he gets older. Honestly, I would like to know what else I have to look forward to as well. They already didn’t want me once, so good practice for not getting hurt when/if they don’t want me again. Surely there is someway to get medical information.
Does anyone know if there is a process for this? Or is it still just to get a court order from a Texas court all the way from the state of Colorado?
I think you would be better served by DNA testing, and a full MRI 9 the type where your entire body is scanned and analyzed.
A friend gave her child up and still regrets obeying her parents wishes. I was the middle child, and the only one my mother gave up – I was lucky judging from the stories by my 1/2 sibs – and 2 of the 4 of them would never speak to me. My mother had 5 children by four men. Your right not to follow your instincts, instead the more important medical information would easily serve you better. Maybe there’s a group for your medical issues.
Don’t count on Texas. Besides, my mother gave a misleading name. I never found the person named in any of the records. I’ve always wanted to know who my parents were. You might take a look at Texas birth records for your birth date. I am listed on my birthdate as “Inf of” and ‘F’ for female, I am Male – father not listed and of course that fake name my mother gave.
Again, Don’t count on Texas.
Texas has NO bills supporting adoptee rights in the 86th Legislature (yet) this year. Not that it would matter… Campbell won election again, so any bills that would make any headway would be quashed anyhow. Her term is good for the next 4 years and the Lege meets only every other year, so I wouldn’t count on anything in the 87th Session in 2021, either.
A bill is expected to be introduced soon. The Texas Adoptee Rights Coalition, of which I am a part of, has more info about the draft it worked on here. Whether that is the draft introduced is not yet fully known but Shawna Hodgson is the key person working on it.
How I petitioned the a Texas District Court in Austin, Texas in 1976.
The clerk at the birth certificate office said she couldn’t give me a copy of my original Birth Certificate without a Court Order ( the number of that original certificate was hand written on the one I showed the clerk)
Then I walked over to the courthouse and asked what I had to do to speak to a District Judge. I said I want to get my birth certificate. The lady said Judge So and So’s secretary was in his office.
I told her I wanted to get a copy of my original brth certificate but the lady/clerk said I needed a court order.
The secretary said just a minute, and walked into the office behind her. Moments later she came out and typed a request -‘ Please give Mr Barzilla a copy of his original birth certificate’ on the Court’s letter head and the authority properly noted in the Judge’s name.
She again disappeared for a moment, returning with that paper signed – ‘ she said,’ Here you are’
I walked back to the birth certificate office, produced my letter/order? and was promptly in possession of my Original Birth Certificate.
The certificate contained the Cause number whereabouts my records could be found. Later on I did get a copy of my Adoptive parents papers. I noticed those papers did correctly reference my DNAmother’s cause to give me up.
(And as I’ve said before – she did not use her maiden name, nor name of record – the trouble to get the original birth certificate only made me feel better, that I was doing something. She had used her given name, and the adoption agency hadn’t properly blacked out where she was born, so I had her first and middle name and her birth town. I strongly recommend getting familiar with DNA genealogy; and, get tested at two or three DNA services. Then post your Raw DNA file wherever you can.)
My son is now 45 years old and would like to have his sealed birth certificate. he was adopted as a child but came back into our lives at the age of 13 when the adopted parents divorced. He never was re-adopted into the family but would love to have the family last name. And now law has it that he has to have a certified birth certificate in order to keep his driver’s license updated. I live in Texas and he lives in Nebraska now. What can we do.
I am adopted also. I feel my rights have been denied to me. due process, change of venue, and no class actions actions. also they may be a conflict of interest based on a study done for the courts of records. I am going to file a freedom of information requesting the entire contents of survey. My possible actions are possible filing a law suite challenging this law. I feel the court may be required to hear the case. I also plan to have a web site in the near future. My name is Al Mathews and live in Hondo Texas. My telephone number is 210 421 6980. Thanks for the information you provided.
Adoption is a fraud. They should never alter the birth certificate. They allow the vital statistics to blatantly falsify information; using you as surety for a name that was never actually born and saying that your adoptive parents attended your birth. What a bold face lie!
Comment – it does appear that there are sufficient reasons – as a matter of societal peace making – to keep records closed until adulthood.
However, as a matter of Equal Protection – at 18 -21? The Adoptee must be provided the same Due Process to access his/her records as any other adult.
It seems somehow related that the Rules Of Evidence are changed in the case of Adoptees. A Birth Certificate is a Birth Certificate. A document modified by the state to falsify the record is not a Birth Certificate.
see 42USC1983 These suits are so common that there are forms to file in FEDERAL COURTS to right the wrong.
Just consider, a baby is NOT ‘Real Property’ where there is a Title to this type of Creature.
I love how you articulated this. I am in the process of filing in a Denial of Heirship, along with some other documents, Rejecting the notion that I am related to the adopters. It’s caused me a lot of problems. The home I was put in was alcoholic, abusive, violent, and godless. We absolutely need due process but I think a formal protest should suffice. I deny statutory jurisdiction in all of this. According the Common Law, adoptees are not the children of adopters and what they are doing is corrupting families. I’ve witnessed firsthand how this is all about money, it has nothing to do with parents abusing their children. They are literally kidnapping children and it’s not even legal according to their own statutes.
“According the Common Law..” can you show this to exist as a ‘Right’ in a convincing way, prior to the U.S.A. 1776?
The 9th Amendment, U.S. Constitution:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Caveat Emptor, I am NOT an attorney – I do believe the 9th protects Rights that were established prior to the United States being established, you have to be able to show it.
This is a fun subject – how to parse the problem, not your experiences growing up.
You introduce an interesting problem – the DNA shows matter of fact you are not the child of the people who adopted you. It would seem there is a very long history showing you cannot be included in their problems.
Consider where someone comes along and paints your street address on the curb in front of your house. You didn’t ask for and never heard of the person who did it. Then the actor who painted the address shows up at your door demanding $29.oo for the service.
Where’s the contract? The greatest advantage of these United States is that we are a ‘Contract Society’ as opposed to a ‘Status Society’. What in the adoption law says you are responsible for your adoptive parents?
Brilliant ! you’ve pointed out that a legal assignment of ‘parent’ remains silent as to the LEGAL status/relationship of persons who would be socially your siblings.
(at least I think it remains silent – the law failing to define each would be Relative)
Brilliant, Brilliant, Brilliant.
Tedious, helpful book regarding the long history of abandonment in the Western World:
The Kindness of Strangers: The Abandonment of Children in Western Europe — John Boswell