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The Byzantine Bill Known as AB1302

First published on April 20, 2023 • Last updated on April 21, 2023

A California bill known as AB1302 is a bureaucrat’s nightmare, or maybe it’s a real joy if you prefer a bundle of red tape and a meaningless, outdated government fixation on paper shuffling and secrecy.

Update: AB1302 is Dead for 2023

The bill failed to make it through required committees before deadline. Assembly Member Lackey, however, has converted the bill into a “two-year” bill, which means it can return in January 2024 and start again where it left off this year. So, let’s use our time now to our advantage.

    California’s AB1302 is pending in the California Assembly, and the bill has now garnered growing opposition from all corners of the adoptee rights and birthparent advocacy world. The bill, disguised as a “step forward,” actually powers up the massive machinery of state secrecy at the moment an adult adopted person utters a single ghastly phrase: “I’d like a copy of my own original birth certificate.”

    There’s no better way to show how byzantine and discriminatory AB1302 is except through this illustration (and PDF here). If this gives you a headache, that’s just one listed side effect of the bill.

    Honestly, you don’t have to dig into the details of the illustration to understand what this bill is about: implementing arcane, 1970s-era “intermediary” systems that spread across the United States during the disco craze and are now a pile of broken down crappy Chevy Vegas (apparently legislative staffers are too afraid to tell their bosses how DNA works, in fear of actually broaching reality).

    To fully understand the complexity of AB1302, take a look at current law in its simple but current discriminatory framework, which has existed in some form since at least 1935. We’re actually better off with a 1930s-era law than with AB1302 for one important reason: once you start creating new rights for birthparents by adding disclosure vetoes and redactions to the mix (as AB1302 does) it takes generations to undo them (see, e.g., Minnesota and all the other states that have embraced their own complex, backward, and now broken-down discriminatory frameworks).

    And, at least current California law gives “great weight” to the fact that the adopted person is an adult (which courts currently ignore). AB1302 throws that out the window.

    And if you prefer an illustration of how best practices on this issue works, how about Kansas, which has never denied adult adopted people their own birth records. Easy peasy equality.

    Filed Under: Latest News, Legislative News Tagged With: AB1302, California, Legislation

    About Gregory D. Luce

    I am a Minnesota lawyer, born and adopted in the District of Columbia, and the founder of Adoptee Rights Law Center PLLC. I've been practicing law in Minnesota state and federal courts since 1993, and have been the executive director of Adoptees United Inc. since 2021. I also have a sense of humor.

    Get Involved with Adoptees United Inc.

    Logo of Adoptees United Inc.Did you find this post interesting? Then get involved nationally with Adoptees United Inc., a national tax-exempt non-profit organization dedicated to securing equality for all adult adopted people in the US. Find out more here, and join me and others in working for equality.

    Did I Miss Something?

    I work hard to get the laws and facts straight in every state---and to keep them regularly updated. If you see something that's not quite right or doesn't fit your experience, let me know with either a quick comment or an email.

     

    Reader Interactions

    Comments

    1. Jen S. says

      June 15, 2023 at 9:55 am

      I was born in California and adopted in California which means I have an amended birth certificate with my adoptive parents names on it and always thought of it as a “false document” and can never understand why this stupid outdated law in California prohibits adoptees to access their “original” birth certificates.
      Do you have any idea when California will let up on this?
      I shouldn’t have to go through obstacles to have access to my original birth certificate.

      Reply
      • Emily A Bernhardt Troper says

        July 3, 2023 at 8:16 pm

        Hi Jen, feel free to join a group of fellow California adoptees who are working on this: https://www.facebook.com/groups/caladopteerights

        Reply

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    Adoptee Rights Law Center

    The Adoptee Rights Law Center PLLC is an adoptee-driven law firm founded by Gregory Luce, a Minnesota lawyer who was also born and adopted in the District of Columbia.

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    T: (612) 221-3947
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    Legal representation limited to issues involving Minnesota law and federal immigration law.

    The OBC: Maps

    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. Read More.
    Arizona. Arizona implemented a "donut hole" provision in a new law, which became effective on January 1, 2022. It allows only some adoptees to request the OBC--- based on their date of birth---but denies the right to obtain the OBC to the vast majority of Arizona-born adopted people. Read more.
    Arkansas.While Arkansas law allows adult adoptees to request their adoption files, the request is subject to a birthparent's ability to redact their names on the original birth certificates. A FAQ with information about the law and its requirements and discriminatory limitations is 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 a copy of their own original birth record. Read more.
    Colorado. Colorado-born adult adopted people 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. While Delaware-born adopted people who are at least 21 years of age may request a copy of their OBCs, birthparents may legally veto their release, otherwise known as a "disclosure veto." Read more.
    District of Columbia. District of Columbia courts control all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. A court order is required and, depending on the date of adoption, may involve federal court or the D.C. Superior Court. Read more.
    Florida. While Florida-born adult adopted people may apply for a copy of 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. Read More.
    Georgia. Georgia-born adult adopted people must secure a court order to obtain a copy of their original birth certificates. Read more.
    Hawaii. Adopted people born born in Hawaii do not have an unrestricted right to obtain their own original birth certificates. People adopted in Hawaii may 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. 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. Additional rights through the registry are available to people adopted on or after July 1, 2022, but those adoptees must also be at least 18 years of age. Read more.
    Illinois. The state has implemented a complex tiered date-based system to request and obtain a birth record, using the adoption registry to facilitate release of OBCs and other information. The date of birth of an Illinois-born adopted person determines who has a right to an OBC or who may be subject to a birthparent’s request to redact identifying information on the OBC. Read more.
    Indiana. The state has a complex and discriminatory framework that may allow release of specifically defined "identifying information," but a birthparent may prohibit release of that information at any time, even after the parent's death. Read more.
    Iowa. While Iowa-born adopted peoole who are at least 18 years of age may apply for a copy of their own original birth certificates, release of the record is subject birthparent redaction requests. Read More.
    Kansas. While original birth certificates may be sealed after an adoption, Kansas-born adult adoptees who are at least 18 years of age have always had an unrestricted right to request and obtain their own original birth certificates. Read more.
    Kentucky. A court order is required for an Kentucky-born adult adopted person to secure a copy of their own original birth certificate. Read more.
    Louisiana. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain a copy of their own original birth certificates. Read more.
    Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Maine-born adopted people must be at least 18 years of age before requesting the OBC. Read more.
    Maryland. For all practical purposes, Maryland should be defined as a "restricted" state: there are so few current Maryland-born adult adopted  people who may qualify under its law, which gives preference to adoptions finalized on or after January 1, 2000. Because the adopted person must also be at least 21 years of age to request the OBC under the date-based qualification, the law effectively applies only to those adopted people who are recently turning 21 (or were older at the time of their adoption). In addition, birthparents under current law may at any time veto disclosure of birth records or identifying information. Maryland-born adopted people whose adoptions were finalized before January 1, 2000, must secure a court order to obtain a copy of their own original birth records. Read more.
    Massachusetts. The Bay State in 2022 became the 12th state in the U.S. to affirm or restore the right of all Massachusetts-born adult adopted people to request and obtain a copy of their own original birth certificates. 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 the date of terminatuion of a birthparent's parent rights, a birthparent may deny access to identifying information or withhold access by saying nothing. In most cases (those in the donut hole years) no identifying information---or the OBC---may be released to the adoptee, except by court order or if the birthparent is deceased. Read more.
    Minnesota. All Minnesota-born adult adopted people have a right obtain a copy of their own original birth records. This also applies to the spouse, children, and grandchildren of the adopted person if the person is deceased. Read more.
    Mississippi. Mississippi-born adult adopted people do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order to obtain the record. Read more.
    Missouri. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes, some of which may extend beyond the death of the parent. Read more.
    Montana. Montana maintains a somewhat complex tiered system that uses an adoptee’s date of adoption as the determinant of whether an adopted person may obtain their own original birth certificate. While an original birth certificate may be available more easily to adoptees who are at least 30 years of age, court orders may be required for younger adoptees. In all cases, if a birthparent requests that a court order be required, the OBC will not be released without a court order. Read more.
    Nebraska. Nebraska law is incredibly complex and confusing. Generally, any right of a Nebraska-born adult adopted person to obtain a copy of their own OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and in some cases an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
    Nevada. Nevada-born adult adopted people must secure a court order to obtain a copy of their own original birth certificate. 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 the law in 2016 provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most New Jersey-born adult adopted people now have a right to obtain their own original birth certificates, approximately 560 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 560 adoptees have no right to obtain an unredacted original birth certificate except through a court order. Read more.
    New Mexico. A New Mexico-born adult adopted person must demonstrate good cause to convince a court to release a copy of the adoptee's own original birth certificate. Read more.
    New York. Since 2020, adult adopted persons and their descendants have an unrestricted right to request and obtain a certified copy of the adopted person's own original birth certificate. Read more.
    North Carolina. A court order is required for the release of any identifying information, including an OBC. A North Carolina-born adult adopted person must specifically request the OBC in a court action that seeks the release of identifying information. Read more.
    North Dakota. Adult adopted people who were born in North Dakota do not have a right to request and obtain a copy of their own original birth certificates. It takes a court order to release it. Read more.
    Ohio. Not all Ohip-born adult adopted people are treated equally. While legislative reforms in the last decade removed a number of discriminatory provisions, significant restrictions remain, including birthparent redaction and disclosure vetoes. Read more.
    Oklahoma. Currently, nearly all Oklahoma-born adult adopted must obtain a court order and show good cause for release of the OBC. While Oklahoma-born adopted people 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. Oregon-born adopted people who are at least 21 years of age have an unrestricted right to obtain a copy of their own original birth certificates. Oregon law also allows adoptees at age 18 to obtain specific records in the court adoption proceedings. Read more.
    Pennsylvania. Pennsylvania-born adopted people who are at least 18 years of age—and who must be high school graduates, possess a GED, or are legally withdrawn from school— may request "summary information" from their original birth record (but not a copy of the original record itself). 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 adopted people and their descendants have an unrestricted right to request and obtain the adopted person's own original birth certificate at age 18. Read more.
    South Carolina. South Carolina-born adult adopted people must either obtain a court order or birthparent permission to obtain an unredacted original birth record. Read more.
    South Dakota. South Dakota-born adult adopted people have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department or from the local register of deeds. In July 2023, South Dakota became the fourteenth state to affirm or restore such a right. Read more.
    Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their own “adoption records,” which typically 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. Read more.
    Texas. Release of the OBC to a Texas-born adult adopted person requires a court order, with one significant exception: adoptees who are at least 18 years of age and who know the names of their birthparents listed on the record may obtain a non-certified copy of their own original birth certificate upon request. 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 birth records, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
    Vermont. Vermont-born adult adopted people and their descendants have an unrestricted right to request and obtain a copy of the adopted person's own original birth certificate directly from the state's vital records department. In July 2023, Vermont became the thirteenth state to affirm or restore such a right. Read more.
    Virginia. Release of an OBC to a Virginia-born adult adopted person 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. The original birth record is only available by court order or through successful completion of a complex and lengthy "adoption records search" process, which depends upon consent or death of the parties to release any records or information. For these reasons, it is considered a "Restricted State." 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.
    US OBC Rights 2024 Placeholder
    US OBC Rights 2024
    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. Read More.
    Arizona. Arizona implemented a "donut hole" provision in a new law, which became effective on January 1, 2022. It allows only some adoptees to request the OBC--- based on their date of birth---but denies the right to obtain the OBC to the vast majority of Arizona-born adopted people. Read more.
    Arkansas.While Arkansas law allows adult adoptees to request their adoption files, the request is subject to a birthparent's ability to redact their names on the original birth certificates. A FAQ with information about the law and its requirements and discriminatory limitations is 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 a copy of their own original birth record. Read more.
    Colorado. Colorado-born adult adopted people 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. While Delaware-born adopted people who are at least 21 years of age may request a copy of their OBCs, birthparents may legally veto their release, otherwise known as a "disclosure veto." Read more.
    District of Columbia. District of Columbia courts control all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. A court order is required and, depending on the date of adoption, may involve federal court or the D.C. Superior Court. Read more.
    Florida. While Florida-born adult adopted people may apply for a copy of 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. Read More.
    Georgia. Georgia-born adult adopted people must secure a court order to obtain a copy of their original birth certificates. Read more.
    Hawaii. Adopted people born born in Hawaii do not have an unrestricted right to obtain their own original birth certificates. People adopted in Hawaii may 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. 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. Additional rights through the registry are available to people adopted on or after July 1, 2022, but those adoptees must also be at least 18 years of age. Read more.
    Illinois. The state has implemented a complex tiered date-based system to request and obtain a birth record, using the adoption registry to facilitate release of OBCs and other information. The date of birth of an Illinois-born adopted person determines who has a right to an OBC or who may be subject to a birthparent’s request to redact identifying information on the OBC. Read more.
    Indiana. The state has a complex and discriminatory framework that may allow release of specifically defined "identifying information," but a birthparent may prohibit release of that information at any time, even after the parent's death. Read more.
    Iowa. While Iowa-born adopted peoole who are at least 18 years of age may apply for a copy of their own original birth certificates, release of the record is subject birthparent redaction requests. Read More.
    Kansas. While original birth certificates may be sealed after an adoption, Kansas-born adult adoptees who are at least 18 years of age have always had an unrestricted right to request and obtain their own original birth certificates. Read more.
    Kentucky. A court order is required for an Kentucky-born adult adopted person to secure a copy of their own original birth certificate. Read more.
    Louisiana. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain a copy of their own original birth certificates. Read more.
    Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Maine-born adopted people must be at least 18 years of age before requesting the OBC. Read more.
    Maryland. For all practical purposes, Maryland should be defined as a "restricted" state: there are so few current Maryland-born adult adopted  people who may qualify under its law, which gives preference to adoptions finalized on or after January 1, 2000. Because the adopted person must also be at least 21 years of age to request the OBC under the date-based qualification, the law effectively applies only to those adopted people who are recently turning 21 (or were older at the time of their adoption). In addition, birthparents under current law may at any time veto disclosure of birth records or identifying information. Maryland-born adopted people whose adoptions were finalized before January 1, 2000, must secure a court order to obtain a copy of their own original birth records. Read more.
    Massachusetts. The Bay State in 2022 became the 12th state in the U.S. to affirm or restore the right of all Massachusetts-born adult adopted people to request and obtain a copy of their own original birth certificates. 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 the date of terminatuion of a birthparent's parent rights, a birthparent may deny access to identifying information or withhold access by saying nothing. In most cases (those in the donut hole years) no identifying information---or the OBC---may be released to the adoptee, except by court order or if the birthparent is deceased. Read more.
    Minnesota. All Minnesota-born adult adopted people have a right obtain a copy of their own original birth records. This also applies to the spouse, children, and grandchildren of the adopted person if the person is deceased. Read more.
    Mississippi. Mississippi-born adult adopted people do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order to obtain the record. Read more.
    Missouri. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes, some of which may extend beyond the death of the parent. Read more.
    Montana. Montana maintains a somewhat complex tiered system that uses an adoptee’s date of adoption as the determinant of whether an adopted person may obtain their own original birth certificate. While an original birth certificate may be available more easily to adoptees who are at least 30 years of age, court orders may be required for younger adoptees. In all cases, if a birthparent requests that a court order be required, the OBC will not be released without a court order. Read more.
    Nebraska. Nebraska law is incredibly complex and confusing. Generally, any right of a Nebraska-born adult adopted person to obtain a copy of their own OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and in some cases an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
    Nevada. Nevada-born adult adopted people must secure a court order to obtain a copy of their own original birth certificate. 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 the law in 2016 provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most New Jersey-born adult adopted people now have a right to obtain their own original birth certificates, approximately 560 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 560 adoptees have no right to obtain an unredacted original birth certificate except through a court order. Read more.
    New Mexico. A New Mexico-born adult adopted person must demonstrate good cause to convince a court to release a copy of the adoptee's own original birth certificate. Read more.
    New York. Since 2020, adult adopted persons and their descendants have an unrestricted right to request and obtain a certified copy of the adopted person's own original birth certificate. Read more.
    North Carolina. A court order is required for the release of any identifying information, including an OBC. A North Carolina-born adult adopted person must specifically request the OBC in a court action that seeks the release of identifying information. Read more.
    North Dakota. Adult adopted people who were born in North Dakota do not have a right to request and obtain a copy of their own original birth certificates. It takes a court order to release it. Read more.
    Ohio. Not all Ohip-born adult adopted people are treated equally. While legislative reforms in the last decade removed a number of discriminatory provisions, significant restrictions remain, including birthparent redaction and disclosure vetoes. Read more.
    Oklahoma. Currently, nearly all Oklahoma-born adult adopted must obtain a court order and show good cause for release of the OBC. While Oklahoma-born adopted people 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. Oregon-born adopted people who are at least 21 years of age have an unrestricted right to obtain a copy of their own original birth certificates. Oregon law also allows adoptees at age 18 to obtain specific records in the court adoption proceedings. Read more.
    Pennsylvania. Pennsylvania-born adopted people who are at least 18 years of age—and who must be high school graduates, possess a GED, or are legally withdrawn from school— may request "summary information" from their original birth record (but not a copy of the original record itself). 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 adopted people and their descendants have an unrestricted right to request and obtain the adopted person's own original birth certificate at age 18. Read more.
    South Carolina. South Carolina-born adult adopted people must either obtain a court order or birthparent permission to obtain an unredacted original birth record. Read more.
    South Dakota. South Dakota-born adult adopted people have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department or from the local register of deeds. In July 2023, South Dakota became the fourteenth state to affirm or restore such a right. Read more.
    Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their own “adoption records,” which typically 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. Read more.
    Texas. Release of the OBC to a Texas-born adult adopted person requires a court order, with one significant exception: adoptees who are at least 18 years of age and who know the names of their birthparents listed on the record may obtain a non-certified copy of their own original birth certificate upon request. 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 birth records, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
    Vermont. Vermont-born adult adopted people and their descendants have an unrestricted right to request and obtain a copy of the adopted person's own original birth certificate directly from the state's vital records department. In July 2023, Vermont became the thirteenth state to affirm or restore such a right. Read more.
    Virginia. Release of an OBC to a Virginia-born adult adopted person 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. The original birth record is only available by court order or through successful completion of a complex and lengthy "adoption records search" process, which depends upon consent or death of the parties to release any records or information. For these reasons, it is considered a "Restricted State." 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.

    View More Maps

    OBC: State Status & Numbers

    15 UNRESTRICTED
    19 COMPROMISED
    17 RESTRICTED
    51 VIEW ALL
    What do these mean? Some maps and an explanation.</>

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