The following is an updated list of answers and questions about New York’s newly enacted adoptee rights law, which Governor Andrew M. Cuomo signed in November. The law became effective on January 15, 2020.
The Two Big Questions
Does this mean I can get my original birth certificate?
Yes. If you are an adopted person who was born in New York, you can get your OBC upon request under New York’s new law. That’s the point of all our work on this—an unrestricted right, and New York becomes the tenth state in the U.S. to restore that right to adult adopted people.
Where do I apply to get my OBC? Like, what do I do right now?
The law is effective January 15, 2020. Paper application forms are now available in New York City. If you were born in one of the five boroughs of New York City—Bronx, Brooklyn, Manhattan, Queens, and Staten Island—then you would apply through the New York City Department of Health and Mental Hygiene. For everyone else born in New York but NOT born in one of the five boroughs, you apply through the New York State Department of Health, based in Albany. Need some help figuring this out? Try this resource from the New York Adoptee Rights Coalition.
What does the law do?
In a nutshell the new law requires the release to an adult adoptee, upon request and payment of the regular fee for a vital record, of an unaltered and unredacted certified long form copy of the adopted person’s original birth certificate (OBC).
How old does an adoptee need to be to request a copy of the OBC?
At least 18 years of age.
Is the OBC a certified copy?
Yes, the copy the department of health provides is certified. As a side note, certification of a document only relates to the vital records department attesting that the document is a true and correct copy of the original document on file. The legal definition of a certified copy in the State of New York is here. That said, there will be a
I was born in Florida but adopted in New York. Does the new law do anything for me?
Yes. Under a separate provision in the law, those born in a state (or country) other than New York but adopted in New York may request and obtain, without restriction, the information that would normally appear on the adopted person’s original birth certificate. This information must be provided by an “authorized agency” involved in the adoption (or the agency that possesses the records). Under New York law, an “authorized agency” includes the court that finalizes a private placement adoption. Update: This aspect of the law is still in process but I wrote about what we know in more detail on the New York Adoptee Rights Coalition website here. That has the latest information.
I think my original birth certificate is held by the New York City Department of Health and Mental Hygiene. Does the new law address this?
Yes. The law specifically addresses and requires the New York City Department of Health to release an OBC to the adult adoptee upon request. This is an important provision and was something advocates specifically worked to assure. It also requires that other specific local registrars, if they have the OBC and are able to determine an adoption occurred, to provide the OBC upon request. More information about the process is now available on the NYC website here (scroll down to the bottom of the page for information).
Can descendants of adoptees obtain a copy of their ancestors’ OBC?
Yes, under the law the people who can obtain a certified copy of the adoptee’s original birth certificate are: 1) the adopted person, if eighteen years of age or more; 2) the adopted person’s direct line descendants if the adoptee is deceased; or 3) the lawful representative of the adopted person.
How are descendants defined?
The bill uses the term “direct line descendants,” which would mean the children and grandchildren of the adult adoptee if the adoptee is deceased. This also includes any generation of children, grandchildren, great grandchildren, etc. New York state vital records regulations state that a “descendant is a person in the direct line of descent such as a son, daughter, grandson or granddaughter.”
Are the courts involved at all in the request for an original birth certificate?
No, the law separates the vital records process from the courts, as it should be. All requests are to be made to the state or New York City, depending on where the OBC is filed. There may be one exception, and that is for adult adoptees who do not have an original birth certificate available in New York but who were adopted in a New York court. See the previous question “I was born in Florida but adopted in New York. Does the new law do anything for me?”
Does this mean I can get my OBC in New York right now?
Yes.
When does the law go into effect?
It is effective January 15, 2020.
How much is the fee to apply for the OBC?
The New York State Department of Health has announced that the fee is $45, though if your apply online through VitalChek (which is strongly encouraged) the fee does not include any credit card fees or shipping costs. This is, however, the same cost to apply online for a birth certificate from the New York State Department of Health.
The New York City Department of Health and Mental Hygiene charges $15 to apply for an OBC held by the city.
These do not include any fees that may be added for shipping, online transaction costs, or rush service, if available.
How long will it take for me to get my OBC once I apply for it?
We don’t know. We could expect anywhere from four weeks to four months or longer. This is governed by staffing but also how long it currently takes for requests for vital records in New York state or New York City. Some requests take up to eight months or more.
Where can I get more information and latest developments?
Get updates from the New York Adoptee Right Coalition (NYARC) on its website and follow NYARC on Facebook and Twitter, where the most up-to-date news will be posted. Adoptee Rights Law Center is a core partner in NYARC, along with the Adoptive and Foster Family Coalition of New York and Bastard Nation (and Reclaim the Records has been a fantastic strategic partner in all this).
When are you going to change your map?
It’s changed. 🙂
Thanks for the info and all your hard work! I’m all in for the toast on this date lol 🥂🍾🎉
YES! Let’s all gather & have a group online toast 🎉🍾 at midnight January 15, 2020 to celebrate this New Day & New Year in adoption reform! 10 states down, 40 to go!! ❤
Yes i agree im crying Daily with excitement and scared at the same time im glad to see that folks have been working hard for adoptees rights. Thank you All and Bless yall.
I’m gonna crack open a special bottle of Glenfiddich for this night. Can’t wait for the stroke of 12 and seeing that map change!
What about getting copies of the sealed adoption files? Any chance to get that information under this new law?
Hello, if we come to New York and apply in person will we be able to obtain our birth certificate that same day?
We do not know the procedures yet but, given the length of time it often takes to get any vital record in New York, I would guess that it will not be possible to get a certificate in person on the same day. We need to see what regulations and procedures roll out to implement the law at this point.
Hello Mr. Luce and thank you very much for keeping us informed of what’s going on. As you can see most of us are very excited because unfortunately my mother has passed and my other loved ones and I’m just waiting on an answer as to who my father is.
Gov. Cuomo was chosen by God to do this assignment and he’s done it right on time. I wish we could throw him the biggest thank you party ever because he deserves it. To some my comments may sound silly but it’s everything to me because I’ve been hurting all my life and this will be the best birthday gift ever. (being that my birthday is in January)
If my husband has already requested his OBC years ago, we’ve updated our address and they replied his request is already on file, do we have to submit a new form?
Yes.
Thank you. Good to know. We thought we were ok having it filed the old way for 20+ years!
On behalf of my husband, Thank you
What forms are used? Will we be able to do it online and fly in to pick it up?
Hi, thank you for this post. It has been very helpful. You posted about being born in FL and being adopted in NY but what about the other way around? I was born in NYC but adopted in MD as my bm was actually living in MD but was sent to NYC to have me. The lady I got all my non id from was in MD and she informed me she had my OBC in a file in front of her. Maybe a copy? Thank you!
In terms of direct descendants able to obtain the pre-amended bc, would a sister or brother also be included. I do not know if and how my older brother could come to NY where he was adopted. His daughter lives in Kuwait, and his son is in Oregon. Further, do you think additional personnel will be hired to help with this for in-person requests, or will requests be made electronically or by mail? Somehow, just setting up a way for people to access the information in a timely fashion seems daunting and needs to be well thought out. I have spent most of my adult life time searching for my birth parents, a birth Mom born in NY, a birth father born in PA, a half-sibling born in PA, and another half-sibling born in NY. Thank you in advance for your help and information.
My friend was born in New York City in 1944, but adopted in Virginia. Will she be able to get a copy of her OBC under the terms of the new law?
The new law applies to anyone born in New York no matter where they ended up being adopted.
Thank you so much Greg. I’ve been waiting & searching for my birth info for over 30+ years. You my friend, are incredibly special to me & I thank you from the bottom of my heart for your hard work. I too have a great sense of humor!! Sincerely, Joann Galati (adopted name given) ❤️🙏
Thank you, thank you, thank you for your tireless efforts in helping to make this happen. God bless you and all who work for truth and adoption reform.
Gregory, How do I know where my OBC is filed, so I apply to the correct office of vital records? Is this in the county of NY where I was born, or the county of NY when I was adopted? Thank you! J.W.
I’m thrilled on behalf of my granddaughter who found us through a DNA match. We still don’t know who her mother is. The answer will come in 2020!! Thank you to all who made this happen!!
Hi Greg, many thanks for your efforts!
This weekend I discovered that I was actually adopted in Pennsylvania (from Korea), so my adoption decree is from Penn. But my amended birth certificate is from New York.
Do you think the new law still applies to me?
Thank you in advance!
Mr. Luce,
I was born in Manhattan but my adoption certificate was issued in Nassau Co on Long Island. Where would I apply, when the time comes, to get a copy of my OBC? Any idea of the fee involved? Thank you for providing this forum.
Unless we learn otherwise you would likely be applying for your OBC through the New York City Department of Health and Mental Hygiene. We don’t know the process or fee at this point.
Do we have any idea in what form the OBC’s are held? Hard copy only? Microfiche? In files? In books like deeds?
This is the best news I have heard all my life!! My adopted family has kept my original birth certificate from me, and lied to me about my father not claiming me. I’m almost in tears!!
I do have one question. How do I get both my parents name back on my BC, the one after I was adopted? Mother is dead, father is alive. Can I use this to be issued a official change on my BC? And also change my name. I know that’s a lot!
Hi
I was born at Mercy Hospital, in Nassau County on Long Island, New York.
My birthdate is July 16, 1956.
I understand the new forms to apply aren’t available yet but do you know where I would apply for my original birth certificate?
Also will the certificate number match the number on my amended birth certificate ?
I have found my info through AncestryDNA and a lot of research but as an adoptee I have the need to see it in black and white on an original BC. To be definite.
Thank you so much for any assistance you provide!!
You are a true blessing to all of us!!
I am 82 years old. I found out I was adopted when I was about 45.
I had no idea.I was upset . Time passed and there was Ancestry one day my daughter called me and said she found my sister I now have 1 brother ,2 sister’s. On my Fathers side and 1sister on my mother’s side.
I got right into my forever family Olive them all
I am Blessed!!
Does anyone know how we’ll know that we aren’t just going to get the same old birth certificate we always would have? Will there be proof during the online order process that it indeed is the original? Thanks.
The law is clear they are to provide a certified copy of the original.
Thanks for responding
I was born in December 1961 in Onondaga County, NY. I have what was considered an original birth certificate before my adoptive parents had a new one made with the name they chose.
My question is, since my birth mother removed herself from my biological father life before telling him about her pregnancy(she opted not to tell him she was pregnant), I do not trust that the last name is real, so what good is an “Original birth Certificate” if some of the information on it is false?
I am thrilled about this new law and hope some day to be able to get some true information.
Can we apply at 12:01 AM?
Sandra, just because your birth mother did not want your father to know, and thus opted not to tell him, I am not sure why she would have falsified the last name. Could she have given you her last name, or her maiden name. If he does not know, then why hide that. On a true amended birth certificate, the mother and the father’s names are supposed to be recorded. I do not know how strict NYS is about that. I also think that there has to be a sealed by the State pre-amended birth certificate on record. Maybe you can inquire about all of this from your adopted parents as well. In addition to the names, there is also an age given for each parent. This is required in Pennsylvania, and I would imagine this is true for NY, too? If you feel that you do have a pre-amended birth certificate, but that its information is not true, then perhaps you can find out more from your adopted parents about where or in which hospital you were born. Somewhere there have to true records – at least I would certainly hope so. Was there an adoption agency or social workers involved?
It was mentioned above that people adopted in NY but born elsewhere will be able to benefit from this law, but it was suggested that how this would be exactly interpreted or applied was unclear. The law appears to be immediately actionable for people born in NY. Is there any info on when the picture will be clearer for NY residents who were born elsewhere? Can we go through the process listed above the same way?
Someone included in the legislation (if I’m remembering correctly) mentioned their daughter was adopted from Russia. I am also an international adoptee. How will this become actionable for these cases? Additionally, is there any reasonable assurance that the information received will be genuine and not purposefully mischaracterized, as it has been suggested many international parents have done during periods of high adoption?