Virginia enacted a new OBC law. Here’s what it does—and what to expect when it goes into effect on July 1, 2026.
Does this mean I can get a copy of my own original birth certificate in Virginia?
Yes, it sure does, starting on July 1, 2026.
When can I apply?
The new law takes effect on Wednesday, July 1, 2026. Applications should be available on that date.
How old do I have to be to request my original birth record?
You must be at least 18 years old.
How do I request my Virginia OBC?
Once the law becomes effective, you should be able to request the original birth record from the Department of Public Health’s Vital Records Unit. A specific link or button will be added to this FAQ once the vital records office posts updated application information. It is not yet known if an application can be filed online or must be provided to the registrar’s office in person or by mail.
What will I receive when I apply for the original birth certificate?
The law states that you are provided “access” to the original birth record and that it can also be copied. In practical terms, it means you will receive a copy of your own original birth record. The law does not specify whether the copy is a plain paper copy or a certified copy.
Is there a contact preference form or any other documents filed by a birthparent?
Yes, the law allows a birthparent to file a confidential contact preference form. The law states that:
In cases of adoption, the State Registrar shall make available to birth parents a contact preference form through which the birth parents may indicate whether they (i) would like to be contacted, (ii) would like to be contacted through an intermediary, or (iii) would not like to be contacted. Such form (a) may be submitted or amended at any time, (b) shall be considered a confidential communication from the birth parent to the adopted person, and (c) shall be placed with the original birth certificate and provided to the adult adopted person upon request of such birth certificate pursuant to subsection B. If the contact preference form is amended, the State Registrar may destroy the previous version.
I was adopted in Virginia, but I was not born there. Does this law apply to me?
If you were adopted in Virginia but born in a different state, your original birth record is not on file with the Virginia vital records office. Your birth record would typically be on file in your state of birth.
How much does it cost to apply for the original birth certificate?
The law provides authority to the State Registrar to charge a “reasonable fee to cover the costs of providing access to or copies of such birth certificates and forms.” The fee, however, has not been announced. Currently, the cost of a certified copy of a birth record in Virginia is $12.00, though additional fees may apply depending on how the certificate is processed and delivered.
Will I get a certified copy of the original birth certificate?
This is not clear. The law provides only that “the State Registrar shall provide an adult adopted person access to his original birth certificate and contact preference form, if available, pursuant to subsection I of § 32.1-261 and make such certificate and form available for copying.” The law does not specify whether a certified copy or non-certified copy will be issued.
Can I get court or other adoption records under the new law?
No. The law only provides for the release of the original birth record. It does not include release of any other records (other than a contact preference form if a birthparent submitted one).
Who else other than the adult adopted person can request and obtain a copy of the adoptee’s original birth record?
Only the adult adopted person may request the original birth record. The law does not authorize any other people to request the OBC, including family members.
Where can I read the text of the new law?
The text of the new law is here, and will be part of Virginia’s vital records and adoption law. An overview of Virginia law is also on ARLC’s dedicated Virginia page, which has provisions from Virginia’s adoption and vital records laws.
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 the new law.
Have you updated your map yet?
Nope, not yet. I update the map once a law becomes effective, which for Virginia will be July 1, 2026. For now, here is the current map, accurate through June 30, 2026.
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.
US OBC Rights 2025
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.