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 on November 14, 2019.
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?
Yikes, hang tight. The law becomes effective January 15, 2020. No forms are ready for applying and no regulations, if any, have been proposed or implemented. You cannot go down to vital records tomorrow and ask for your OBC—they’ll tell you to get lost. You can do so beginning January 15, 2020, though we do not yet know specifically how that process will work.
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.
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 either the agency that handled the adoption or by the court. How that process will work has not yet been determined.
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, to provide the OBC upon request.
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 local registrar of vital records, depending on where the OBC is filed. There is 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?
No. See the next question, “when does the law go into effect?”
When does the law go into effect?
It is effective January 15, 2020. The New York State Department of Health, however, is working to determine what regulations may be needed to implement the bill before it becomes fully effective. Unless you get a court order, you cannot get your OBC in New York upon request until at least January 15, 2020.
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?
Good question. I typically change my maps when a new law is fully implemented. If you are a nerd and want to watch the state of New York change from red to green on the map on 12:01am, January 15, 2020, I totally get that. I’m nerding out already thinking about that. Maybe we’ll have a collective toast live, right then and there. I’m seriously looking into making that happen.
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!! ❤
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!