Summary
Effective July 1, 2023, all Vermont-born adopted people will have the right to request and obtain their own original birth certificates. Vermont’s current law, described below, will remain in effect until that time.
Vermont’s New Law: A FAQ
What Vermont’s new equal rights law does and how and when to apply for your own original birth certificate.
Current Vermont law, effective until July 1, 2023, does not recognize an unrestricted right of adoptees to request and obtain their own original birth certificates. An OBC may be obtained through a probate court order or by adoptees who are at least 18 years of age and who have already obtained identifying information from Vermont’s Adoption Registry.
Vermont’s adoption registry allows disclosure of identifying information on a date-based framework:
- Adoptions finalized prior to July 1, 1986: birth parent consent required. Disclosure is allowed if the birth parent has “filed in any probate division of the superior court or agency any kind of document that clearly indicates that he or she consents to such disclosure.”
- Adoptions finalized on or after July 1, 1986: birth parent consent is not required. A birth parent, however, may file a nondisclosure statement to prohibit the release of identifying information. In addition, disclosure is prohibited if the birth parent, prior to July 1, 1996, has “filed in any court or agency any kind of document that clearly indicates that his or her identity not be disclosed and has not withdrawn the document.”
Relevant Vermont Law: Original Birth Certificates
15 V.S.A. § 3-802. Issuance of new, amended birth certificate
(a) Except as otherwise provided in subsection (d) of this section, upon receipt of a report of adoption prepared pursuant to subsection 3-801(a) of this title, a report of adoption prepared in accordance with the law of another state or country, a certified copy of a decree of adoption together with information necessary to identify the adoptee’s original birth certificate and to issue a new certificate, or a report of an amended adoption prepared pursuant to subsection 3-801(b) of this title, the State Registrar shall either:
(1) for an adoptee born in this State, update the Statewide Registration System in accordance with the decree and furnish a certified copy of a new birth certificate to the adoptive parent and to an adoptee who is 14 years of age or older;
(2) for an adoptee born in another state, forward a certified copy of the report of adoption to the appropriate office of the state of birth;
(3) for an adoptee adopted in this State who was born outside the United States and was not a citizen of the United States at the time of birth, create and register in the Statewide Registration System a “certificate of live birth for a foreign born child” upon request and in the form specified in 18 V.S.A. § 5078a and furnish a certified copy of the certificate to the adoptive parent and to an adoptee who is 14 years of age or older;
(4) for an adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the adoptive parent of the procedure for obtaining a revised birth certificate through the U.S. Department of State; or
(5) in the case of an amended decree of adoption, either update the Statewide Registration System in accordance with the decree and follow the procedure in subdivision (a)(1) or (3) of this section or follow the procedure in subdivision (2) or (4) of this section.
(b) Unless otherwise specified by the court, a new birth certificate or certificate of live birth for a foreign born child issued pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant to subdivision (a)(5) of this section shall:
(1) be signed by the State Registrar;
(2) include the date, time, and place of birth of the adoptee;
(3) substitute the name of the adoptive parent for the name of the person listed as the adoptee’s parent on the original birth certificate;
(4) [Repealed.]
(5) contain any other information prescribed by the State Registrar.
(c) In the case of birth certificates registered prior to July 1, 2019 that are to be replaced or amended pursuant to subdivision (a)(1) or (5) of this section, the State Registrar shall notify the town clerk or clerks with custody of the certificate, who shall substitute the new or amended birth certificate for the original birth certificate. The original certificate and all copies of the certificate in the files shall be sealed and shall not be subject to inspection or copying until 99 years after the adoptee’s date of birth, except as provided by this title.
(d) If the court, the adoptive parent, or an adoptee who is 14 years of age or older requests that a new or amended birth certificate not be issued, the State Registrar shall not issue a new or amended certificate for an adoptee pursuant to subsection (a) of this section. Nonetheless, for an adoptee born in another state, the State Registrar shall forward a certified copy of the report of adoption or of an amended decree of adoption to the appropriate office in the adoptee’s state of birth.
(e) Upon receipt of a report that an adoption has been set aside, the State Registrar shall:
(1) for a person born in this State for whom a new birth certificate was issued, update the Statewide Registration System to reflect the original birth certificate data and, in the case of an original birth certificate registered prior to July 1, 2019, notify the town clerk or clerks with custody of the certificate, who shall seal any new or amended birth certificate issued pursuant to subsection (a) of this section, restore the original, update indexes as directed by the State Registrar, and not allow inspection or copying of the sealed certificate except upon court order or as otherwise provided in this title;
(2) for a person born in another state, forward the report to the appropriate office in the state of birth;
(3) for an adoptee born outside the United States who was not a citizen of the United States at the time of birth for whom a certificate of live birth for a foreign born child was issued, update the Statewide Registration System to reflect that the adoption was set aside; or
(4) for a former adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the person who is granted legal custody of a former adoptee after an adoption is set aside of the procedure for obtaining an original birth certificate through the U.S. Department of State.
(f) Upon request by a person who was listed as a parent on an adoptee’s original birth certificate and who furnishes appropriate proof of the person’s identity, the State Registrar shall give the person a noncertified copy of the original birth certificate.
(b) When 99 years have elapsed after the date of birth of an adoptee whose original birth certificate is sealed under this title, the department of health shall unseal the original certificate and file it with any new or amended certificate that has been issued. The unsealed certificate becomes a public record in accordance with any statute or regulation applicable to the retention and disclosure of birth certificates.
18 V.S.A. § 5078. Adoption; new and amended birth certificate
(a) When the State Registrar receives a report of adoption, a report of an amended adoption, or a report that an adoption has been set aside as provided in 15A V.S.A. § 3-801, or a record of adoption prepared and filed in accordance with the laws of another state or foreign country, he or she shall proceed as prescribed in 15A V.S.A. § 3-802.
(b) If prior to July 1, 2019 a new birth certificate was issued following an adoption that contains a notation that it was issued by authority of this chapter, contains the filing dates of the original and the new birth certificate, or otherwise contains information that facially distinguishes it from an original, the adoptive parent or the adoptee if 14 years of age or older may apply to the State Registrar to issue a replacement birth certificate that does not contain distinguishing information. The State Registrar shall issue the replacement and notify any town clerk with custody of the version that contains distinguishing information, who shall substitute the latter with the replacement birth certificate. The town clerk shall send the version that contains distinguishing information to the State Registrar, who shall keep it confidential.
Relevant Vermont Law: Adoption Records and Identifying Information
As used in this title:
(1) “Adoptee” means a person who is adopted or is to be adopted.
(2) “Adult” means a person who has attained 18 years of age.
(3) “Agency” means the Department or a child-placing public or private entity that is licensed in this State to place minors for adoption.
(4) “Child” means a minor or an adult son or daughter, by birth or adoption.
(5) “Child with special needs” means a child with a special factor or condition, including ethnic background, age, membership in a minority or sibling group, medical condition, or physical, mental, or emotional disability, because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption or medical assistance.
(6) “Court,” with reference to a court of this State, means the Probate Division of the Superior Court.
(7) “Department” means the Department for Children and Families.
(8) “Former parent” means the parent of the adoptee whose rights were terminated, voluntarily or involuntarily.
(9) “Guardian” means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption.
(10) “Identifying information” means any information which might establish the current whereabouts of an adoptee, the adoptee’s former parent or other family member, including full name, date and place of birth, and last known address.
(11) “Legal custody” means the right and duty to exercise continuing general supervision of a minor as authorized by law. The term includes the right and duty to protect, educate, nurture, and discipline the minor and to provide the minor with food, clothing, shelter, medical care, and a supportive environment.
(12) “Minor” means a person who has not attained 18 years of age.
(13) “Parent” means a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under subdivision 2-401(a)(1)-(4) or (6) of this title. The term does not include a person whose parental relationship to a child has been terminated judicially or by operation of law.
(14) “Physical custody” means the physical care and supervision of a minor.
(15) “Place for adoption” means to select a prospective adoptive parent for a minor and transfer physical custody of the minor to the prospective adoptive parent.
(16) “Records” means all documents, exhibits and data pertaining to an adoption, whether collected prior to or after the decree of adoption.
(17) “Registry” means the adoption registry administered by the Department.
(18) “Relative” means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew of a person, whether related to the person by the whole or the half blood, affinity, or adoption. The term does not include a person’s stepparent.
(19) “Relinquishment” means the voluntary surrender to an agency by a minor’s parent or guardian, for purposes of the minor’s adoption, of the rights of the parent or guardian with respect to the minor, including legal and physical custody of the minor.
(20) “Sibling” means a full or half brother or sister.
(21) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.
(22) “State Registrar” and “State Registrar of Vital Records” mean the supervisor of the Office of Vital Records in the Department of Health.
(23) “Stepparent” means a person who is the spouse or surviving spouse of a parent of a child but who is not a parent of the child.
15A § 6-102. Records confidential, court records sealed
(a) All records on file with the court or in the possession of an agency, the department of health, the registry or other provider of professional services in connection with an adoption are confidential and may not be inspected except as provided in this title.
(b) During a proceeding for adoption, records are not open to inspection except as directed by the court.
(c) Within 30 days after a decree of adoption becomes final, the clerk of the superior court shall send to the registry a copy of any document signed pursuant to section 2-105 of this title.
(d) All records on file with the court or agency shall be retained permanently and sealed for 99 years after the date of the adoptee’s birth. Sealed records and indices are not open to inspection by any person except as provided in this title.
(e) The records of an agency which ceases operation in this state shall be transferred to the department for retention under the provisions of this title.
15A § 6-103. Adoption registry
(a) The registry shall maintain:
(1) an index containing all of the following information, as applicable:
(A) the adoptee’s name at birth and after adoption and date of birth;
(B) the names and addresses of the adoptee’s former parents and adoptive parents;
(C) the date and court in which a consent or relinquishment was filed;
(D) the date and court in which the petition was filed;
(E) any agency involved in the adoption;
(F) the date and nature of the disposition of the petition;
(2) a copy of any consent for the disclosure of identifying information filed with the court;
(3) a copy of the information filed with the court which is described in section 2-105 of this title.
(b) The Probate Division of the Superior Court shall provide the Department with the information necessary to maintain this index.
[15A § 6-104. Release of nonidentifying information]
15A § 6-105. Disclosure of identifying information
(a) Identifying information about an adoptee’s former parent shall be disclosed by the registry to any of the following persons upon request:
(1) An adoptee who is 18 or more years old.
(2) An adoptee who is emancipated.
(3) A deceased adoptee’s direct descendant who is 18 or more years old or the parent or guardian of a direct descendant who is less than 18 years old.
(b) From July 1, 1996 to December 31, 1997, the registry shall disclose identifying information under subsection (a) of this section only if the former parent consents to such disclosure. After December 31, 1997, the registry shall disclose information under subsection (a) of this section as follows:
(1) For adoptions that were finalized prior to July 1, 1986, the registry shall disclose identifying information if the former parent has filed in any probate division of the superior court or agency any kind of document that clearly indicates that he or she consents to such disclosure.
(2) For adoptions that were finalized on or after July 1, 1986, the registry shall disclose identifying information without requiring the consent of the former parent except the registry shall not disclose such information if the former parent has filed a request for nondisclosure in accordance with the provisions of section 6-106 of this title and has not withdrawn the request or, prior to July 1, 1996, has filed in any court or agency any kind of document that clearly indicates that his or her identity not be disclosed and has not withdrawn the document.
(c) An adult descendant of a deceased former parent or the guardian of a former parent who has been declared incompetent may consent to the disclosure of information as provided for in subsection (a) of this section.
(d) If an adoptee, who is 18 or more years old, consents, identifying information about the adoptee shall be disclosed by the registry to any of the following persons upon request:
(1) The adoptee’s former parent;
(2) The adoptee’s sibling who is 18 or more years old.
(e) Identifying information about the adoptee shall be disclosed to the adoptee’s former parent if the parent of an adoptee who is less than 18 years old consents to the disclosure.
(f) Identifying information about a deceased adoptee shall be disclosed by the registry to the adoptee’s former parent or sibling upon request if:
(1) the deceased adoptee’s direct descendant is 18 or more years old and consents to the disclosure; or
(2) the parent or guardian of a direct descendant who is less than 18 years old consents to the disclosure.
(g) Identifying information about a sibling of an adoptee shall be disclosed by the registry to the adoptee upon request if both the sibling and the adoptee are 18 or more years old and the sibling consents to disclosure.
15A § 6-106. Request for nondisclosure
A former parent of an adoptee may prevent disclosure of identifying information about himself or herself by filing a request for nondisclosure with the registry as provided in section 6-105 of this title. A request for nondisclosure may be withdrawn by a former parent at any time.
15A § 6-107. Release of original birth certificate
(a) A copy of the adoptee’s original birth certificate may be released to the adoptee upon the request of an adoptee who has attained the age of 18 and who has access to identifying information under this article [Vermont Adoption Act, 15 V.S.A. §§ 6-101 to 6-112].
15A § 6-108. Certificate of adoption
Upon the request of an adoptive parent or an adoptee who has attained the age of 18, the register or clerk of the court that entered an adoption decree shall issue a certificate of adoption which states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent, and the name of the adoptee as provided in the decree.
I was adopted in 1960 thru Catholic Charities in Burlington Vermont. How or who can I email about getting unidentifiable info about my birth mother. Any info would be helpful. Thank you, fingers are crossed!!
Hi, Laurie. I will follow up with you by email but I’ve found the folks at the state agency in Vermont to be pretty helpful and open about questions around identifying information. While Vermont is a “restricted” state it does have a mechanism to get information, though obviously much easier for some adoptees than others.
How do you go about requesting adoption records? Who do you contact for that? My wife’s father was adopted from Rutland, VT in 1954 and she would like to know not only her paternal side but medical issues from that side of her family as well.
My father was born in Burlington, Vt. Feb. 9, 1922. He is deceased. I have seen a short form of his birth certificate in his possession years ago with his original given name at birth. His name was changed when he was adopted. When I wrote to the Vital Statistics/Birth records agency in Vt. a few years ago I was told there was no record of his birth under either his birth name or adopted name. This is confusing to me. This makes me wonder if he was ever legally adopted. I was also told I would have to wait until the 99 year waiting period for his birth certificate to be released. It sounds like birth records in Vt. were retracted at some point since he did at one time have a birth cert with his original name. Since he was a veteran and served as a rep. the Vt. Legislature he would have to have had a birth record of some sort.
Greg Vermont has opened up in a big way with the November change. Please update your site. They have no date restrictions now on OBCs etc
Barry—
Could you point me to the change, as I am not finding anything that changes the dates that are used by the registry. I note that the vital records law has been rewritten but implementation of that has now been delayed until July 1, 2019. But I’m not seeing any change in allowing release of an OBC upon request to an adult adoptee.
Hi my twin and I were born in Burlington vermont Nov. 3 1961 well my twin passed when I was 23 . And I would really like to know if I have any other siblings is my real mom still alive and so forth . The lose of my has had a horrible in my life so any advice or help I would throughly love . Thank you
VERMONT forced adoptions of my girls. I’d like to change this. DCF, Acadeny School, Windham county court house did this. My girls belong at home with us. BIOLOGICAL parents Craig and Melanie Hudson. My girls are Lacy, Lydia, Leanna, Lillian. HUDSON. DCF adopted them out without our consent! By fraud and coersion. Acadeny school had a lot to do with this. The kindergarden teacher has just 1 of our daughters. The rest are separated from each other. I have a home. Bio dad is here. We did not sign anything! NO founded abuse! NO abuse. Just lies about us! HELP. I want this reversed and annulled. I did not breed for lesbian couples!!! We did not breed for lesbian couples!!!!!