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The Unsettled Issues of Jonas Hubley’s Adoption

First published on January 7, 2024 • Last updated on January 9, 2024

If you have not seen the social media posts about a 17-year-old Haitian adoptee named Jonas Hubley, it’s a compelling if not devastatingly familiar campaign. But it does not provide a complete picture of the problems that have long impacted intercountry adoptees in the United States. And it’s probably not the full story about how this matter has been handled.

As described by his adoptive parents, Jonas is an autistic, blind, and nonverbal young man who will turn 18 in a few days. And unless US immigration officials approve a green card for him before he is 18, he will have to wait five years to apply for US citizen through naturalization.

In that respect Jonas is not a lot different from tens of thousands of intercountry adoptees in the United States today, who also do not have US citizenship, largely as a result of parental and adoption agency neglect. While that neglect is also compounded by the failure of the US government to fix outdated US immigration and family policies for intercountry adoptees, the reality is that the problem is going to happen again and again. And despite blaming immigration red tape and the US government for the issue, a popular narrative of the good of intercountry adoption is often used to deflect from the people who are typically to blame for immigration issues: adoptive parents who skipped or ignored critical steps in order to secure legal status for their foreign-born adopted children.

Currently, Jonas’s adoptive mother is using a social media blitz to “move heaven and earth” in order to prevent their adoptive son from being deported (which, realistically, is not going to happen). Her posts are replete with media contacts for supporters to call about Jonas’s story, ostensibly to put pressure on government officials to approve their son’s immigration application. Recently, Jonas’s mother drove from the family’s home in Indiana to New York, where she visited various major media outlets, each time requesting meetings with reporters to cover the story. For all of this, the Hubleys characterize Jonas’s crisis not as a problem of their own making but one involving a belief that US government officials have acted incompetently.

There’s a problem with this, and it’s not hard to pinpoint. The Hubleys—like many other adoptive parents over the years— have largely bypassed international legal protections for intercountry adoptions. In doing so, they have failed to do what is critically necessary to secure an adopted child’s legal immigrant status in the US. And it’s not an isolated issue. Rather, it’s a problem that far too many intercountry adoptees continue to encounter today, whether as a result of an adoptive parent’s immigration fraud or ignorance or because of ongoing governmental and parental neglect to do what’s necessary to fix major immigration issues for children brought to the US for adoption.

I know this as a lawyer who represents intercountry adoptees. Many of my clients, now adults, are adoptees whose adoptive parents used questionable if not illegal shortcuts years ago to get them into the country. Those shortcuts have included anything from fraud to neglect to supposed ignorance of US immigration law. Today, however, those shortcuts are now worn by my clients, some of whom have no easy path to US citizenship and may even face deportation in the future.

The reason adoptive parents do this may be obvious: bringing a child to the United States from another country for adoption is a highly regulated, complex, and expensive process—necessarily so. For that reason, bringing children “off the books” to the US on a tourist or other nonimmigrant visa is a tempting, inexpensive (and often illegal) method to avoid immigration requirements and procedures that govern adoptions from foreign countries. That’s just one problem. The other problem is assuming, as many adoptive parents do, that an adoption is all and everything you need, that it cures all other problems and leads to universal support as a way to fix your legal snafus. That’s a false assumption, yet it’s a popular narrative that whips up support for anyone who finds themselves having trouble navigating US immigration law involving intercountry adoptees.

In the Hubley’s case, they used a tourist visa in 2008 to bring Jonas from Haiti to Indiana, similar to how some of my clients’ adoptive parents used inappropriate legal tools to get their children into the US for adoptions. Parents of some of my clients, for example, “adopted” children in Mexico during the 1970s and 1980s, and then crossed into the US with that child in their car, with no record of the child’s entry to the United States. In legal terms, the children “entered without inspection,” likely making them unlawfully present in the United States at that time and to this day. Getting a green card for these clients is exceedingly difficult.

Another adoptive family applied for a tourist visa for children whom they claimed were coming to visit nonexistent grandparents. The parents then adopted the children in state court, but to this day both of them lack US citizenship. One is now more than 50 years old. In another of my current cases, an adoptive mother was calculated and honest about why the family chose to use a temporary tourist visa to bring their prospective adoptive daughter to the United States, writing in the child’s baby book that a tourist visa “was a lot easier and cheaper.” To secure the tourist visa, a foreign adoption facilitator falsely claimed the child was his relative.

Other parents (i.e., parents of my clients) have used temporary visas to “rescue” children from humanitarian crises, (which continue today for children in countries like Ukraine or Afghanistan), though in reality the ultimate purpose is to adopt the children once they are present in the United States. The recent case of a child removed from Afghanistan and adopted by a US Marine in the United States—going against the positions of the United States Department of State and the Afghan government— is one of the latest examples of abuses that continue to occur in intercountry adoption when parents believe they must “move heaven and earth” to adopt vulnerable children.

I also represent a Haitian-born adoptee who, like Jonas Hubley, was disabled and brought to the United States on a temporary visa for medical care. While she was later adopted by US citizen parents in state court, her adoptive parents never secured a green card for her. Today, she is in her thirties; the only option for her is to obtain Temporary Protective Status as a Haitian national, something that must be renewed every few years and does not place her on a path to US citizenship.

In each of these cases—like the Hubleys—the parents completed their children’s adoptions in state court, where judges are not versed in intercountry adoption and generally do not ask about (nor have the authority to enforce) international conventions or US immigration law. In each case—and this is again true of the Hubleys—the parents either did not do what should have happened long ago or they started the legal immigration process so late in the game that it created an immigration crisis for the child. While the Hubleys are at least trying to fix things at the last minute and to secure a green card for their child, a green card has become a nearly impossible goal for many of my clients, who now live under the radar in the United States, fearful of being found out and deported.

There is likely far more to the Hubley story than what is being disclosed in the Hubley’s savvy social media campaign and $10,000+ GoFundMe effort, including how the matter became an immigration crisis for Jonas. That is, while the story his adoptive parents have presented relies on a familiar adoption industry complaint—that the US government and its red tape stands in the way of fulfilling intercountry adoptions—I have serious doubts about the allegation of government malfeasance in this case. Rather, this matter appears to involve familiar shortcuts that adoptive parents have used for decades. When called on it, parents simply say the process was too complicated to understand—which we always seem ready to accept as an explanation.

There’s likely good reason that US immigration officials and the US Department of State are scrutinizing Jonas Hubley’s immigration application. After all, his entry to the US—combined with a state court adoption—worked to bypass critical international protocols for intercountry adoptees. Moreover, from all appearances (though the full story is not revealed) the Hubleys did not  pursue Jonas’s green card until recently. Posts about Jonas’s immigration status do not appear on their social media feeds until December 2023, shortly after the USCIS declined what appears to be a haphazard application for Jonas’s green card. Indeed, the Hubleys appear to have failed to file, until just last week, a critical required form as part of the immigration process, a form that any immigration attorney would have done long ago as part of an application for a green card. Ultimately, the crisis impacting Jonas today is not of the US government’s making. Rather, in this instance it appears self-created by the Hubleys, borne of the problems that I have seen with adoptive parents who choose shortcuts to facilitate intercountry adoptions. For that, no social media blitz can help.

Acquiring US Citizenship

Under current US immigration law, intercountry adoptees can “acquire” US citizenship through their US citizen parents, so long as they meet four core requirements, all of which must occur before the age of eighteen. Those requirements include:

Born after February 27, 1983

Current law, known as the Child Citizenship Act (CCA), applies only to intercountry adopted people who were under the age of 18 on or after February 27, 2001, the effective date of the Act (put another way, the adopted child must have been born on or after February 28, 1983). This is the biggest loophole in current law, and it has denied US citizenship to tens of thousands of adoptees who were too old at the time of current law. Today, these older adoptees must apply for citizenship through naturalization—unless their adoptive naturalized them while they were children.

FAQ: US CITIZENSHIP & INTERCOUNTRY ADOPTEES
Is a legal permanent resident (i.e., has a green card)

The Hubleys case demonstrates what happens if an adopted person does not enter the country as a legal permanent resident, thereafter receiving a green card. If a child enters on a nonimmigrant visa—such as a humanitarian or visitor visa—they are not eligible for US citizenship until they secure a green card, which must occur before the age of 18.

Completes a full and final adoption

A full and final adoption must occur either in the country of birth/origin or in the United States. If no adoption occurs, US citizenship is not acquired through the alleged adoptive parents.

In the custody of adoptive parent(s) for at least two years

The intercountry adoptee must be in the legal and physical custody of the US citizen parents for at least two years. Often, this is shown through school and other enrollment or official records.


IT HAS BEEN

8466

days since Congress failed to secure US citizenship for all adopted people brought to the United States.

Filed Under: Intercountry Adoptees, Latest News Tagged With: Child Citizenship Act, Haiti, Jonas Hubley

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. Rebekah Hubley says

    January 30, 2024 at 9:52 pm

    I find your article very interesting… assuming many things… What you don’t know is that we were going through all of the legal steps to adopt Jonas. My husband and I went back to Haiti in October 2009, while Jonas was here in the US on a Mv, for the proper signings in front of the judge in kenscoff, Haiti. I was going to be returning to Haiti in Feb/march 2010, with Jonas, to finalize Jonas’s Haitian adoption in country. We signed agreements with our adoption agency and the orphanage. The 2010 Haiti earthquake prevented this. All of the children coming out of Haiti were given humanitarian parole. Jonas was not eligible for this status because he was already here. Everything was done to the ‘T’. USCIS ignored all of their evidence with Jonas’s denial. They are at fault… not us. Maybe you should listen to our attorney, Kelly Dempsey, in her briefing. Thank you for your time to read this and understand the facts.

    Reply
    • Sherril Toft Garahan says

      March 10, 2024 at 12:59 pm

      Go Rebekah! I’m glad to see that you clarified the reality to this arrogant, ignorant and damaging article! As you know I was an adoption social worker plus an adoptive parent, and found myself in a similar terrifying situation. Our bureaucratic blocks had nothing to do with me or what I did or didn’t do. It’s time to stop blaming the victims!!

      Reply
    • Gregory D. Luce says

      March 10, 2024 at 3:02 pm

      It would help to understand what happened—and what was pursued—between 2010 and 2023, a span of nearly thirteen years.

      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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Adoptee Rights Law Center PLLC
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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.

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OBC: State Status & Numbers

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

Legislative Tracking


 
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