Utah has a new birth + “adoption documents” law. Here’s what it does, and where it falls short.
Does this mean I can now get a copy of my own original birth certificate in Utah?
Pretty much, though there are some current and future issues.
What do you mean by “pretty much?”
Here’s the good news: if you were 18 years of age or older on November 1, 2025, you can now request and obtain your “adoption documents,” which under Utah law specifically includes a copy of your original birth certificate. So, for you Utah-born adult adoptees, you have an unrestricted right to request and obtain your own birth record.
It’s a little more complicated for adopted people who are under 18 years of age today–or are born in the future. For them, a provision in the new law allows birthparents (called “pre-existing parents”) to seek a court order to prevent the release of the documents, so long as they can show that the documents’ release “would place the [parent] in reasonable fear of harm from an individual.” And if a court order is issued under this provision, it lasts 10 years from the adoptee’s 18th birthday. It is also renewable on the same grounds for additional 10 year periods.
The bottom line is that Utah adopted people who are over 18 TODAY will get their adoption documents, including their original birth record. But as more and more adoptions occur in Utah, or as birthparents seek court orders for children born less than 18 years ago, a small subclass of adoptees will be prevented from getting their own birth record when they turn 18.
IMPORTANT DEVELOPMENT: Adoption Documents Held by the Court
After the effective date of the new law, the Utah courts specified that adoption documents held by the court will be unavailable upon request, except for adoptees whose adoptions were finalized on or after November 1, 2025. It appears that the courts have badly misread the new law and are applying it prospectively only for adoptees to obtain adoption documents from the court. While this does not affect the ability to request an original birth record through the vital records office, it may severely limit what is available from the court, despite what the new law provides. See Can I get court records under the new law?
OK, I was 18 before November 1, 2025. Can I request my own OBC today, and how old do I have to be to request it?
Yes, you can request your OBC today. You only need to be 18 years of age to request it.
Where do I go to request my OBC?
Well, it’s kinda weird. The Utah vital records office refers any applications for the OBC to the Utah Adoption Registry, which is a traditional adoption reunion registry operated by the vital records office.
You will actually have to sign up for the registry by completing the registry form, which seeks quite a bit of information. The cost to register is $25, and it’s unclear if that includes a copy of the original birth record or any other records.
What will I receive when I apply for the original birth certificate?
This is also interesting. The law states the office of vital statistics is to release specified “adoption documents.” This is the legal definition of that term:
“Adoption document” means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate.
Utah law further defines the “office” as the “Office of Vital Records and Statistics within the Department of Health.” With the use of the Utah Adoption Registry to facilitate release it’s unclear if any other documents other than the original birth record will be released. It’s even unclear if the record will be released as a non-certified copy, as a registry’s FAQ states that one purpose of the registry is to be “a resource for adult adoptees to view their original birth record.” In another section of the FAQ the registry indicates it will provide “access” to the birth record.
I hope this is only poor wording in the FAQ and doesn’t reflect some weird “viewing” of records. But we’ll have to wait to see how it plays out and what people get.
Is there a contact preference form or any other documents filed by a birthparent?
The law does not include a contact preference form. But since the registry is handling the release of the records—and it is also set up as a traditional reunion/contact registry—it’s possible other information and records could be provided if you wish to list your name in the registry and a match with a birthparent occurs.
I was adopted in Utah but not born there. Is there anything I can do?
Good question. While the new law is seen as an original birth record measure, it also allows the release of other documents. These include a copy of the report of adoption, the findings of fact for the adoption, and the final decree of adoption— unless a birthparent previously obtained a court order prohibiting their release while the adoptee was under 18 years of age.
If you were adopted in Utah but born in a different state, you will most likely have to contact the court in Utah where your adoption occurred. While you would think the Utah Adoption Registry would handle information about Utah adoption records, it specifically excludes services for adoptees who were born in other states, even though they were adopted in Utah. See also, Can I get court records under the new law?
How much does it cost to apply for the original birth certificate?
That’s not clear. The cost to join the Utah Adoption Registry is $25.00. There is no other information as to whether additional fees are needed to obtain a copy of any adoption documents, including the original birth record. We’ll have to see what the ultimate costs are.
Will I get a certified copy of the original birth certificate?
Unlikely. While the law does not indicate that the record must be a non-certified copy, the registry handling the release of records advertises its services as providing “access [to] a non-certified copy” of the original birth record.
Can I get court records under the new law?
Unfortunately, this is in dispute. First, the law states clearly that a “child adoptee”—which includes a person who is 18 years of age or over and was adopted in Utah as a child—may request and obtain adoption documents from the court. The provision does not indicate that it is prospective only. Rather the provision is straightforward:
“Unless there is a court order sealing the documents, a child adoptee may inspect and copy the following documents associated with the child adoptee’s adoption, without a court order, if the child adoptee is 18 years old or older:
(i) the report of adoption;
(ii) the original birth certificate;
(iii) the findings of fact for the adoption; and
(iv) the final decree of adoption.”
Utah’s court administration, however, announced soon after November 1 that the law applies prospectively and only to adoptees whose adoptions were finalized on or after November 1, 2025. Despite nothing in the law or its legislative history suggesting a prospective-only application, the court appears to be severely limiting the scope of the new law. I imagine this interpretation will be challenged in the near future, though it’s typically difficult to challenge the courts on issues related to their own records.
Where can I read the text of the new law?
The bulk of the new law is codified here. I also break it down in more detail on my recently updated Utah page, which also has other provisions of Utah law, both adoption law and vital records law.
Will you be updating this FAQ when necessary?
Yes, I will update this FAQ as more information becomes available or if information changes or needs correction based on what I currently understand about implementation of the new law.
Have you updated your map yet?
Yep! Here it is. And I’ve also updated the simple list of states here.
US OBC Rights 2025
Leave a Reply