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What’s at Stake: Florida

First published on September 27, 2017 • Last updated on February 28, 2021

This article relates to the October 2017 publication of an Adoptee Rights Law Center report on Florida adoptee rights. That report has since been updated and is available here.

The right of adoptees to request and obtain their own original birth certificates is at stake when Florida legislators suggest new, and potentially compromised, OBC-related legislation.

To understand how damaging compromised legislation would be to Florida adoptees, it helps to understand one thing: most Florida adoptees have retained an unrestricted legal right to obtain their own original birth certificates. Not only did Florida courts affirm that right in 1976, but the history and context of Florida law is abundantly clear: the vast majority of adult adoptees had an unrestricted right to obtain their original birth certificates for nearly 100 years.

Summary

Florida first issued new and amended birth certificates for adoptions in 1939, sealing the original birth certificates. But for the next 38 years, the state explicitly recognized an adoptee’s right to obtain the original birth certificate upon request. While Florida in 1947 sealed its court records in adoptions, adult adoptees retained the right to obtain their own original birth certificates through the department of health. No law has retroactively changed that right for most Florida adoptees; that is, for those who were adopted prior to 1977.

It is critical for advocates and legislators to understand Florida’s legislative and legal history before embarking on an effort that may ultimately compromise a vested right that has been unrestricted for decades. Compromising on adoptee rights legislation today will mean stripping most adult adoptees in Florida of rights they may have legally retained for generations.

Understanding Florida Adoptee Rights Law: A Timeline

1885The Florida legislature enacts the state’s first adoption law. The law is 308 words long and requires a petition, hearing, and order from the court to approve an adoption. The law does not seal records or make records confidential. Adoption decrees and orders are instead “made a matter of record in . . . circuit court.” Source: Fla. Stat. Ann. §§ 1536-1541 (Revised 1892)

1924Florida attorney general Buford Rivers determines that the state board of health does not have the authority to create new birth certificates in cases where parents legitimize a birth through marriage. Instead, the original birth certificate may be “corrected” or amended. The original cannot be destroyed. Source: Op. Att’y Gen. Fla., December 20, 1924

1938The state board of health asks the attorney general if the board has “any authority to issue a new certificate in the case of legal adoption of a child.” Citing Buford Rivers’s earlier opinion from 1924, the Florida attorney general succinctly responds:

that this question must . . . be answered in the negative, for the reason that [Florida] statutes do not purport to authorize such a procedure.

In a separate but related question, the attorney general also advises that the state board of health does not have the authority to issue a new birth certificate to replace the OBC in cases where a child has been legitimized. Accordingly, by 1938, Florida law does not allow the board of health to issue a new and amended birth certificate in cases of adoption or legitimacy. The original birth certificate remains available to anyone adopted prior to 1939.
Source: Op. Att’y Gen. Fla., November 6, 1938

1939The Florida legislature enacts a law authorizing the issuance of new birth certificates in cases of adoption and legitimized births. Upon issuance of the new birth certificate, the original is sealed. Section 2 of the new law, however, reserves the right to obtain the original birth certificate “at the instance and request of the person whose birth is the subject of the said certificate of birth.”

1939 Florida Sessions Laws, Chapter 19063
Senate Bill No. 72

*****

Section 2. That when a new certificate of birth is made, the State Registrar shall substitute the new certificate of birth for that on file in the State Bureau of Vital Statistics of the State Board of Health, and shall place the original certificate of birth and all papers pertaining thereto under seal, not to be broken or opened except by decree, judgment or order of a court of compe­tent jurisdiction; or at the instance and request of the person whose birth is the subject of the said certificate of birth; provided, however, that before any such person shall be entitled to have the seal broken and the record opened without order of court, he or she shall first identify himself or herself to the satisfaction of the State Registrar. Thereafter, when a certified copy of the certificate of birth of such person is issued it shall be a copy of the new certificate of birth, except when an order, judgment or decree of a court of competent jurisdiction shall require the is­suance of a copy or certified copy of the original certificate of birth, or except when such copy of the original certificate shall be requested by the person whose birth is the subject of the said certificate, such person having first furnished satisfactory evi­dence of identity as is hereinabove provided.

While the 1939 law seals original birth certificates for the first time in Florida history, the law nevertheless reserves to adoptees their unrestricted right to their own original records. This remains the law for the next 38 years, from 1939 until 1977. Source: Chapter 19063, Laws of Florida (1939)

1943Florida amends its adoption law for the first time since 1885. The new law requires, among other things, investigations prior to adoptive placements, statutory protections related to the consent of birth parents, and the forwarding of the adoption decree to the registrar of vital statistics “to be recorded and preserved by said Registrar as provided by law.” The new law does not seal court records or make any other records or files confidential. The Florida vital records office is still required to provide an adoptee with his or her original birth certificate upon request. Source: Chapter 21759, Laws of Florida (1943)

1947Florida revises its adoption law, including a provision that seals court records for the first time in Florida history. The new law is limited only to court “records, papers, and files.” While confidentiality of records is also required for the child welfare board and for child-placing agencies, the law does not change the procedure followed for obtaining an original birth certificate. The 1939 law providing an unrestricted right to an original birth certificate remains unchanged. Source: Fla. Stat. §§ 72.01-72.39 (Suppl. 1947) 

1949The Florida legislature modifies provisions of its vital records law. In provisions dealing with obtaining original birth certificates, the law for the first time ensures the right to obtain a sealed original birth certificate in cases of illegitimacy or unknown parentage must be provided to “the registrant, if of legal age, or upon the order of any court of competent jurisdiction.” The legislature also makes minor amendments to the provisions dealing with issuance of new amended birth certificates in cases of adoption, but specifically leaves in place the 1939 provisions ensuring adoptees have an unrestricted right to obtain their own original birth certificates. Source: Chapter 25372, Laws of Florida (1949) 

1974In the context of sealed original birth records involving legitimacy, the Florida attorney general makes clear that original birth certificates remain available upon request to the “registrant,” whom the attorney general clarifies is the “person whose birth is registered or filed with the Central Bureau of Vital Statistics.” The attorney general’s opinion confirms again that sealed original birth certificates remain available upon request to the registrant, if of legal age. Source: Op. Att’y Gen. Fla. 74-70 (1974)

1975Florida vital records laws are modified in relation to paternity issues, changing the phrase “illegitimate child” to “child born out-of-wedlock.” The changes involve language modifications to a number of provisions dealing with adoptions and original birth certificates. The legislature, however, continues to leave in the provision that gives an adoptee the right to obtain his or her original birth certificate upon request. Source: Chapter 75-166, Laws of Florida

1976Betty Mullarkey, an adult adoptee, requests her original birth certificate from the Florida Department of Health, pursuant to the law that has been in place and unchanged since 1939. The department refuses to release her OBC, alleging that birth parents have an interest in maintaining their confidentiality. Mullarkey sues, and the circuit court orders release of the original birth certificate. The department appeals the circuit court opinion. The court of appeals upholds the trial court’s decision and rejects the department’s position on the matter, stating:

the legislature nevertheless has explicitly required the Department to furnish the original birth certificate and all papers pertaining thereto ‘at the instance and request of the person whose birth is the subject of the said certificate of birth.’

The court of appeals orders release of the original birth certificate to Mullarkey. Adoptees like her, whose adoptions were finalized prior to 1977, continue to retain unrestricted rights to obtain their own original birth certificates. Source: State Dept. of H. & R. Services v. Mullarkey, 340 So.2d 123 (Fla. Dist. Ct. App. 1976)

1977A new law for the first time requires a court order for an adoptee to request and obtain an original birth certificate. The law, however, does not actually repeal prior language from the 1939 vital records law, which entitled the adoptee to obtain the record upon request. Rather, the new law makes the request for the OBC subject to review by the court in adoption proceedings. The law is effective June 30, 1977, but it is not retroactive. Sources: Chapter 77-147, Laws of Florida • Chapter 77-446, Laws of Florida

1987The Florida legislature eliminates language from the original 1939 law that had for decades given adoptees unrestricted rights to their original birth certificates upon request. The law is effective October 1, 1987. Source: Chapter 87-387, Laws of Florida

Conclusion

Florida adoptees whose adoptions were finalized before June 30, 1977, are entitled to their original birth certificates today. If proposed legislation does not preserve an unrestricted right to the OBC, then such legislation will simply strip rights away from all adoptees, and particularly older adoptees. Ask Betty Mullarkey, who in 1976 requested her original birth certificate and received it. While she had to sue the Florida department to get it, the court of appeals recognized her right to receive her original birth record and ordered that it be issued. That right exists today. It should never be compromised.

Filed Under: Latest News Tagged With: Florida, Legislation, Richard Stark

About Gregory D. Luce

I am a Minnesota lawyer, born and adopted in the District of Columbia, and the founder of Adoptee Rights Law Center PLLC. I've been practicing law in Minnesota state and federal courts since 1993, and have been the executive director of Adoptees United Inc. since 2021. I also have a sense of humor.

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Reader Interactions

Comments

  1. Lynne says

    October 23, 2017 at 9:56 am

    If I am understanding this correctly, Florida could move forward with legislation which deals with OBC “after 1977”. Specify the years in the wording of the bill? I know it could than be amended to say “all” or amended with a contact veto or contact preference, but at that time it could be killed. No?
    Lynne

    Reply
    • ryan says

      July 22, 2019 at 7:39 am

      i am writing a motion now including the timeline of law that should open up till 87 on finalization stamp.

      Reply
  2. Gregory D. Luce says

    October 23, 2017 at 10:36 am

    Sort of. The fact that adult adoptees had unrestricted access to the OBC for more than 80 years, without any issues, is proof enough that Florida should simply restore that right legislatively for all adoptees. Or we could enforce it for pre-1977 adoptees through a lawsuit.

    The language to make it applicable to all adoptees, whether pre-1977 or post-1977, is not hard to write and essentially would revert back to the law that existed prior to June 30, 1977. Part of that would involve removing the phrase “including the original birth certificate” in this part of the adoption law (paragraph 2), and amending this vital records provision (paragraph 4) to allow an adult adoptee to request and obtain the OBC at age 18. Again, this would simply restore a right that had already existed and should be applied to all adoptees.

    Reply
  3. Erma says

    October 27, 2017 at 2:54 pm

    I was adopted in Florida (Duval County) in 1963. Where do I request my OBC. The agency (CHS in Jacksonville) told me I could petition the court if I have notarized consent from bio and adoptive parents.

    Reply
  4. Angel Gutierrez says

    March 11, 2019 at 1:29 am

    So , I’ve received my moms OBC and adoption decree from Florida vital statistics.
    1) I thought it would include wether or not my mom was in an orphanage or include my moms history of how my grandparents met her to adopt her.
    2) we’ve been told by birth family that mom was adopted at 3 months, yet the decree is dated 2 years after her birth date. Was this common practice? Does this mean my mom was in foster care or an orphanage for long time prior to decree date?

    Thank you so much!
    Angel Gutierrez

    Reply
    • Gregory D. Luce says

      March 11, 2019 at 6:48 am

      Angel–

      Glad to hear that you got your mom’s OBC and adoption decree! Those documents, unfortunately, would tell you very little about the circumstances surrounding her birth. For that you would likely need agency records, if they exist. And those are extremely hard to get.

      As to the circumstances with an adoption finalized two years after birth, it’s not uncommon, especially in older adoptions. It could be explained by a number of scenarios. It’s possible your mother was placed in your grandparents’ home at three months and that the agency worked with your grandparents toward adoption, which occurred much later. It could be the “family lore” is not correct and that she was placed at two years (though I find this unlikely if it was your grandparents who were involved). It’s really tough to figure out.

      Best,

      Greg

      Reply
    • Sally Alisa says

      December 8, 2019 at 4:05 pm

      Hi Angel!

      I too was adopted through CHS. I was born in 1966. What did you have to do to be able to obtain your Mom’s OBC and adoption decree? I am looking for my birth mother’s name. Were the birth parents’ name on the OBC?

      Thanks so much,
      Sally

      Reply
  5. Angel gutierrez says

    December 10, 2019 at 8:22 pm

    We did dna thrue ancestry and was able to match up with my moms biological half nieces and nephews. They were willing to give over death cert to be able to obtain document from Florida. It’s easy if you have the death certificate of bio mom. My mom would of rather met her bio mom, but it was nice to have this closure. We did find out thrue dna , that the father listed on obc isn’t her biological father.
    There’s so much you can find out thrue dna. I recommend ancestry . You see if you have any 1 st cousin matches and just start reaching out to them.
    Ange gutierrez

    Reply
    • Sally Alisa says

      December 11, 2019 at 5:57 pm

      Hi Angel! Thanks so much for that info. I actually discovered my first cousin on my father’s side via ancestry.com a couple of years ago. My son is the first one who took the DNA test. My cousin and I have signed up with another DNA site (myheritage.com) and we have had absolutely NO matches for me on my biological mother’s side on either DNA site. It looks like my biological mother never had any other children and probably didn’t have any siblings. Every single cousin on the lists (down to 4-6th) is a match only on my father’s side. So strange! I just want to get my bio-mom’s name. I tried calling Vital Stats and they said that we could only get info if we had death certificates. I told them my bio-father was already deceased but I have no way of knowing if my bio-mom is still alive or also deceased.
      I was born in 1966. Were you able to get your mother’s records with just providing her bio-mom’s death certificate and also including permission from her adoptive parents? In other words, all you had to do was provide the death certificate for only one of her biological parents and they gave you her OBC and from there you were able to determine the other biological parent’s name? It’s so confusing every time we try to contact someone “official” in Florida. They told me at vital stats that I had to have everyone’s death certificate! We’re pulling our hair out here! Thanks, Sally

      Reply
  6. Angel says

    December 11, 2019 at 8:52 pm

    Hello ! I had to send death certs for bio dad , bio mom, adopted mom and dad. I already could tell the bio dad was not the bio dad , but figured I had to send the death certificate solely for the reason his name was listed on obc. He was away at war when grandma got pregnant and gave birth. Soooo, easy to figure out !

    We sent all that off with short letter of explanation and my mother’s signature. And we got it notarized thrue her bank . This was no charge to her from bank. The adoption decree was in the records BY ACCIDENT!! The adoption was finalized in Pennsylvania , and according to their courts , the decree should not have been in the records with birth certificate.

    I have not , however been able to get the adoption records released from Pennsylvania. We have sent off documents and they weren’t enough for them blah blah blah ….at this point this might be all we find out. I would love to learn the details surrounding my moms adoption, but this might be as far as we get.

    Does anyone On your bio dads side know the circumstances surrounding your birth ? Maybe an aunt , a sister of his ?

    angel

    Reply
  7. Jennifer McRae says

    August 7, 2020 at 7:48 am

    Hello,
    This has been a very interesting read. My husband was born in 1965 in Flagler County, places into foster care in that county, and then adopted by a family in Brevard County at the age of 4 months.

    Through a connection with the Flagler County Clerk of the Court we learned that because my husband was adopted into Brevard County his OBC and all adopted records would be held by the clerk of the court’s office in Brevard County.

    So off we went to the clerk’s office in Brevard County. We happened to have to chancery number related to my husbands records and by having that along with his current identifying info the person working to counter was able to locate his OBC. She disappeared behind a wall where the records were kept, pulled his OBC out, photocopied it, redacted the copy , and handed it to us with no identifying information visible.

    This was so frustrating and disappointing to say the least; to be across the room from his OBC, that this person just his information, and yet he , the person whom the information rightly belongs, could not see his own personal story.

    We did not know at that time about this legal narrative/timeline. Has the new law been put into effect? Was this clerk taking actions outside or beyond their job description and authority?

    We are going to go down and try to get his records again. The clerk we spoke with in Brevard County that day told us he could petition a judge for access. That may be our next step, if we can’t get it through pointing out that he was born prior to 1977.

    Having to do that though would seem so unjust. Interestingly, the clerk in Flagler County told us that if his records were still held in Flagler she could provide them to him easily that day, as she had a good relationship wi the local judge and he was very pro-adoptee and would Likely unseal them.

    This suggests that even when a petition is made to a judge to unseal the records (which now seems unnecessary after reading this article) that access is provided unequally and without consistent circumstantial standards.

    It seems that someone several someone’s are going to have to sue the state, the counties, or whomever is appropriate to get adoptees unrestricted and unbiased access to their own OBC’s.

    Reply
  8. Terry Habershaw says

    July 28, 2021 at 6:34 pm

    I am a 74 year old adoptee and can’t understand why I cannot get my original birth certificate. I was adopted through chs in Jacksonville Fl.. At this age it seems illegal to keep a person’s identy sealed especially because of health. Is there any help?

    Reply
  9. Al Sacco says

    November 10, 2021 at 12:04 am

    I have an adoptive friend who was born in Clearwater, FL in 1991. Can she apply for her OBC from Clearwater or from Pinellas County public health department without getting a court decree?

    Is there a form that needs to be filled out, & what might it cost? Thank you. Al Sacco .

    Reply
  10. Scott Watkins says

    February 23, 2022 at 11:43 pm

    My father was born in 1953 in Tampa, FL. He was adopted and does not have the OBC. My father died in December 2021. He never knew his biological family nor do I. Is it possible for me to obtain his OBC since I am his biological son and because he is now also deceased? Seems like the laws would have allowed my father to request but how would that work now that he has died?

    Reply
    • Gregory D. Luce says

      February 25, 2022 at 4:45 am

      From my understanding of how the vital records office handles descendant requests, they would not release an original birth record to you, likely for a couple of reasons: 1) the law does not include descendant requests; and 2) you would still need proof of death (or consent) of any birthparents listed on the birth record. But it is likely worth a phone call to the office that handles these issues, and more information about contacting the office is here (under the tab “Release of Original Birth Certificate”).

      Reply
  11. Kim says

    August 21, 2022 at 12:58 am

    So, if i was born in 1974 – then I have a right to this information – and always have?
    I paid Children’s Home Society THOUSANDS of dollars, over the last thirty years, to help me track down my biological relatives – asking them to help get access to my birth certificate – and you’re telling me I should’ve had it the whole time? Is this for real?

    Reply

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The Adoptee Rights Law Center PLLC is an adoptee-driven law firm founded by Gregory Luce, a Minnesota lawyer who was also born and adopted in the District of Columbia.

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Florida

Report: What's at Stake: A Brief History of Adoptee Access to Original Birth Certificates in Florida

The Florida Adoption Reunion Registry is the registry created by the Florida legislature in 1982.

The OBC: Maps

Alabama. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates, beginning at age 19. Read more.
Alaska. Adult adoptees have an unrestricted right to request and obtain their original birth certificates, beginning at age 18. Read More.
Arizona. Arizona implemented a "donut hole" provision in a new law, which became effective on January 1, 2022. It allows only some adoptees to request the OBC--- based on their date of birth---but denies the right to obtain the OBC to the vast majority of Arizona-born adopted people. Read more.
Arkansas.While Arkansas law allows adult adoptees to request their adoption files, the request is subject to a birthparent's ability to redact their names on the original birth certificates. A FAQ with information about the law and its requirements and discriminatory limitations is here.
California. Adult adoptees do not have a right to request and obtain their own original birth certificates, except by court order. Adoptees must petition the court and show “good and compelling cause” in order to obtain a copy of their own original birth record. Read more.
Colorado. Colorado-born adult adopted people have a right to request and obtain their own original birth certificates. An adopted person who is at least 18 years of age may apply for and receive a non-certified copy of their original birth certificate through the Colorado Department of Health and Environment. Read more.
Connecticut. Connecticut-born adult adopted people have an unrestricted right to request and obtain their own original birth certificates. The right also extends to the adult children and grandchildren of the adopted person. Read more.
Delaware. While Delaware-born adopted people who are at least 21 years of age may request a copy of their OBCs, birthparents may legally veto their release, otherwise known as a "disclosure veto." Read more.
District of Columbia. District of Columbia courts control all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. A court order is required and, depending on the date of adoption, may involve federal court or the D.C. Superior Court. Read more.
Florida. While Florida-born adult adopted people may apply for a copy of the original birth record, it takes signed affidavits of consent from birthparents---or death certificates showing that birthparents are deceased---to compel release of the OBC. Otherwise, release is allowed only by court order. Read More.
Georgia. Georgia-born adult adopted people must secure a court order to obtain a copy of their original birth certificates. Read more.
Hawaii. Adopted people born born in Hawaii do not have an unrestricted right to obtain their own original birth certificates. People adopted in Hawaii may request and obtain their court adoption records, which may include an original birth certificate. The law does not apply to people born in Hawaii but adopted in a different state. Read more.
Idaho. An OBC is available only by court order or conditionally through a state-operated “voluntary adoption registry.” Disclosure of an original birth certificate through the registry is subject to consent of the parties and may require the consent of both birth parents. Additional rights through the registry are available to people adopted on or after July 1, 2022, but those adoptees must also be at least 18 years of age. Read more.
Illinois. The state has implemented a complex tiered date-based system to request and obtain a birth record, using the adoption registry to facilitate release of OBCs and other information. The date of birth of an Illinois-born adopted person determines who has a right to an OBC or who may be subject to a birthparent’s request to redact identifying information on the OBC. Read more.
Indiana. The state has a complex and discriminatory framework that may allow release of specifically defined "identifying information," but a birthparent may prohibit release of that information at any time, even after the parent's death. Read more.
Iowa. While Iowa-born adopted peoole who are at least 18 years of age may apply for a copy of their own original birth certificates, release of the record is subject birthparent redaction requests. Read More.
Kansas. While original birth certificates may be sealed after an adoption, Kansas-born adult adoptees who are at least 18 years of age have always had an unrestricted right to request and obtain their own original birth certificates. Read more.
Kentucky. A court order is required for an Kentucky-born adult adopted person to secure a copy of their own original birth certificate. Read more.
Louisiana. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain a copy of their own original birth certificates. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Maine-born adopted people must be at least 18 years of age before requesting the OBC. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state: there are so few current Maryland-born adult adopted  people who may qualify under its law, which gives preference to adoptions finalized on or after January 1, 2000. Because the adopted person must also be at least 21 years of age to request the OBC under the date-based qualification, the law effectively applies only to those adopted people who are recently turning 21 (or were older at the time of their adoption). In addition, birthparents under current law may at any time veto disclosure of birth records or identifying information. Maryland-born adopted people whose adoptions were finalized before January 1, 2000, must secure a court order to obtain a copy of their own original birth records. Read more.
Massachusetts. The Bay State in 2022 became the 12th state in the U.S. to affirm or restore the right of all Massachusetts-born adult adopted people to request and obtain a copy of their own original birth certificates. Read more.
Michigan. Michigan requires the use of a “Central Adoption Registry” to process information and to determine whether an adoptee should or should not get “identifying information,” which does not initially include an original birth certificate. Depending on the date of terminatuion of a birthparent's parent rights, a birthparent may deny access to identifying information or withhold access by saying nothing. In most cases (those in the donut hole years) no identifying information---or the OBC---may be released to the adoptee, except by court order or if the birthparent is deceased. Read more.
Minnesota. All Minnesota-born adult adopted people have a right obtain a copy of their own original birth records. This also applies to the spouse, children, and grandchildren of the adopted person if the person is deceased. Read more.
Mississippi. Mississippi-born adult adopted people do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order to obtain the record. Read more.
Missouri. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes, some of which may extend beyond the death of the parent. Read more.
Montana. Montana maintains a somewhat complex tiered system that uses an adoptee’s date of adoption as the determinant of whether an adopted person may obtain their own original birth certificate. While an original birth certificate may be available more easily to adoptees who are at least 30 years of age, court orders may be required for younger adoptees. In all cases, if a birthparent requests that a court order be required, the OBC will not be released without a court order. Read more.
Nebraska. Nebraska law is incredibly complex and confusing. Generally, any right of a Nebraska-born adult adopted person to obtain a copy of their own OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and in some cases an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
Nevada. Nevada-born adult adopted people must secure a court order to obtain a copy of their own original birth certificate. Read more.
New Hampshire. Adoptees who are at least 18 years of age have an unrestricted right to request and obtain their own original birth certificates. The state also allows birth parents to file a contact preference form and/or health history questionnaire, neither of which will restrict the right of adult adoptees to obtain their OBCs. Read more.
New Jersey is best described as a "limited time redaction" state, as the law in 2016 provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most New Jersey-born adult adopted people now have a right to obtain their own original birth certificates, approximately 560 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 560 adoptees have no right to obtain an unredacted original birth certificate except through a court order. Read more.
New Mexico. A New Mexico-born adult adopted person must demonstrate good cause to convince a court to release a copy of the adoptee's own original birth certificate. Read more.
New York. Since 2020, adult adopted persons and their descendants have an unrestricted right to request and obtain a certified copy of the adopted person's own original birth certificate. Read more.
North Carolina. A court order is required for the release of any identifying information, including an OBC. A North Carolina-born adult adopted person must specifically request the OBC in a court action that seeks the release of identifying information. Read more.
North Dakota. Adult adopted people who were born in North Dakota do not have a right to request and obtain a copy of their own original birth certificates. It takes a court order to release it. Read more.
Ohio. Not all Ohip-born adult adopted people are treated equally. While legislative reforms in the last decade removed a number of discriminatory provisions, significant restrictions remain, including birthparent redaction and disclosure vetoes. Read more.
Oklahoma. Currently, nearly all Oklahoma-born adult adopted must obtain a court order and show good cause for release of the OBC. While Oklahoma-born adopted people whose adoptions were finalized after November 1, 1997, do not require a court order, requests for such OBCs are subject to birth parent disclosure vetoes and redaction. Read more.
Oregon. Oregon-born adopted people who are at least 21 years of age have an unrestricted right to obtain a copy of their own original birth certificates. Oregon law also allows adoptees at age 18 to obtain specific records in the court adoption proceedings. Read more.
Pennsylvania. Pennsylvania-born adopted people who are at least 18 years of age—and who must be high school graduates, possess a GED, or are legally withdrawn from school— may request "summary information" from their original birth record (but not a copy of the original record itself). Birthparents, however may redact identifying information on the OBC by filing a “name redaction request.” Redaction requests may be filed or withdrawn at any time and do not extend beyond a filing parent’s death. Read more.
Rhode Island. Adult adopted people and their descendants have an unrestricted right to request and obtain the adopted person's own original birth certificate at age 18. Read more.
South Carolina. South Carolina-born adult adopted people must either obtain a court order or birthparent permission to obtain an unredacted original birth record. Read more.
South Dakota. South Dakota-born adult adopted people have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department or from the local register of deeds. In July 2023, South Dakota became the fourteenth state to affirm or restore such a right. Read more.
Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their own “adoption records,” which typically include original birth certificates. The only exception to this right is for an adult adoptee whose birth parent was a victim of rape or incest—in such cases the written consent of the birth parent is required for release of records. Read more.
Texas. Release of the OBC to a Texas-born adult adopted person requires a court order, with one significant exception: adoptees who are at least 18 years of age and who know the names of their birthparents listed on the record may obtain a non-certified copy of their own original birth certificate upon request. Read more.
Utah. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 18 years of age or older may request their birth records, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
Vermont. Vermont-born adult adopted people and their descendants have an unrestricted right to request and obtain a copy of the adopted person's own original birth certificate directly from the state's vital records department. In July 2023, Vermont became the thirteenth state to affirm or restore such a right. Read more.
Virginia. Release of an OBC to a Virginia-born adult adopted person requires either a) a state agency’s decision, upon good cause shown, to release identifying information from the adoption records; or b) a court order upon good cause shown. Read more.
Washington. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC is available through the Department of Health but release is subject to birth parent disclosure vetoes as well as to corrupt contact preference forms that allow birthparents to deny release of the OBC. Disclosure vetoes and contact preference forms expire on the death of the birth parent. Read more.
West Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A court order, requiring good cause, is required before the release of an OBC. Read more.

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.

Wyoming. Adult adoptees do not have an unrestricted right to obtain their original birth certificates. It takes a court order for release of an OBC, with no specific standards or procedures outlined in seeking such an order. Read more.
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US OBC Rights 2024
Alabama. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates, beginning at age 19. Read more.
Alaska. Adult adoptees have an unrestricted right to request and obtain their original birth certificates, beginning at age 18. Read More.
Arizona. Arizona implemented a "donut hole" provision in a new law, which became effective on January 1, 2022. It allows only some adoptees to request the OBC--- based on their date of birth---but denies the right to obtain the OBC to the vast majority of Arizona-born adopted people. Read more.
Arkansas.While Arkansas law allows adult adoptees to request their adoption files, the request is subject to a birthparent's ability to redact their names on the original birth certificates. A FAQ with information about the law and its requirements and discriminatory limitations is here.
California. Adult adoptees do not have a right to request and obtain their own original birth certificates, except by court order. Adoptees must petition the court and show “good and compelling cause” in order to obtain a copy of their own original birth record. Read more.
Colorado. Colorado-born adult adopted people have a right to request and obtain their own original birth certificates. An adopted person who is at least 18 years of age may apply for and receive a non-certified copy of their original birth certificate through the Colorado Department of Health and Environment. Read more.
Connecticut. Connecticut-born adult adopted people have an unrestricted right to request and obtain their own original birth certificates. The right also extends to the adult children and grandchildren of the adopted person. Read more.
Delaware. While Delaware-born adopted people who are at least 21 years of age may request a copy of their OBCs, birthparents may legally veto their release, otherwise known as a "disclosure veto." Read more.
District of Columbia. District of Columbia courts control all aspects of releasing an OBC or any identifying information, whether from court records or from vital records. A court order is required and, depending on the date of adoption, may involve federal court or the D.C. Superior Court. Read more.
Florida. While Florida-born adult adopted people may apply for a copy of the original birth record, it takes signed affidavits of consent from birthparents---or death certificates showing that birthparents are deceased---to compel release of the OBC. Otherwise, release is allowed only by court order. Read More.
Georgia. Georgia-born adult adopted people must secure a court order to obtain a copy of their original birth certificates. Read more.
Hawaii. Adopted people born born in Hawaii do not have an unrestricted right to obtain their own original birth certificates. People adopted in Hawaii may request and obtain their court adoption records, which may include an original birth certificate. The law does not apply to people born in Hawaii but adopted in a different state. Read more.
Idaho. An OBC is available only by court order or conditionally through a state-operated “voluntary adoption registry.” Disclosure of an original birth certificate through the registry is subject to consent of the parties and may require the consent of both birth parents. Additional rights through the registry are available to people adopted on or after July 1, 2022, but those adoptees must also be at least 18 years of age. Read more.
Illinois. The state has implemented a complex tiered date-based system to request and obtain a birth record, using the adoption registry to facilitate release of OBCs and other information. The date of birth of an Illinois-born adopted person determines who has a right to an OBC or who may be subject to a birthparent’s request to redact identifying information on the OBC. Read more.
Indiana. The state has a complex and discriminatory framework that may allow release of specifically defined "identifying information," but a birthparent may prohibit release of that information at any time, even after the parent's death. Read more.
Iowa. While Iowa-born adopted peoole who are at least 18 years of age may apply for a copy of their own original birth certificates, release of the record is subject birthparent redaction requests. Read More.
Kansas. While original birth certificates may be sealed after an adoption, Kansas-born adult adoptees who are at least 18 years of age have always had an unrestricted right to request and obtain their own original birth certificates. Read more.
Kentucky. A court order is required for an Kentucky-born adult adopted person to secure a copy of their own original birth certificate. Read more.
Louisiana. All Louisiana-born adopted people, at age 24, have an unrestricted right to request and obtain a copy of their own original birth certificates. Read more.
Maine. Adult adoptees have the unrestricted right to request and obtain their own original birth certificates. Maine-born adopted people must be at least 18 years of age before requesting the OBC. Read more.
Maryland. For all practical purposes, Maryland should be defined as a "restricted" state: there are so few current Maryland-born adult adopted  people who may qualify under its law, which gives preference to adoptions finalized on or after January 1, 2000. Because the adopted person must also be at least 21 years of age to request the OBC under the date-based qualification, the law effectively applies only to those adopted people who are recently turning 21 (or were older at the time of their adoption). In addition, birthparents under current law may at any time veto disclosure of birth records or identifying information. Maryland-born adopted people whose adoptions were finalized before January 1, 2000, must secure a court order to obtain a copy of their own original birth records. Read more.
Massachusetts. The Bay State in 2022 became the 12th state in the U.S. to affirm or restore the right of all Massachusetts-born adult adopted people to request and obtain a copy of their own original birth certificates. Read more.
Michigan. Michigan requires the use of a “Central Adoption Registry” to process information and to determine whether an adoptee should or should not get “identifying information,” which does not initially include an original birth certificate. Depending on the date of terminatuion of a birthparent's parent rights, a birthparent may deny access to identifying information or withhold access by saying nothing. In most cases (those in the donut hole years) no identifying information---or the OBC---may be released to the adoptee, except by court order or if the birthparent is deceased. Read more.
Minnesota. All Minnesota-born adult adopted people have a right obtain a copy of their own original birth records. This also applies to the spouse, children, and grandchildren of the adopted person if the person is deceased. Read more.
Mississippi. Mississippi-born adult adopted people do not have an unrestricted right to request and obtain their own original birth certificates. It takes a court order to obtain the record. Read more.
Missouri. The state has a complex framework that makes the original birth certificate subject to birth parent disclosure vetoes, some of which may extend beyond the death of the parent. Read more.
Montana. Montana maintains a somewhat complex tiered system that uses an adoptee’s date of adoption as the determinant of whether an adopted person may obtain their own original birth certificate. While an original birth certificate may be available more easily to adoptees who are at least 30 years of age, court orders may be required for younger adoptees. In all cases, if a birthparent requests that a court order be required, the OBC will not be released without a court order. Read more.
Nebraska. Nebraska law is incredibly complex and confusing. Generally, any right of a Nebraska-born adult adopted person to obtain a copy of their own OBC depends on the date of an adoptee’s relinquishment and also whether a birth parent—and in some cases an adoptive parent—has affirmatively consented to disclosure or has filed a “nonconsent” form objecting to the OBC’s release. Read more.
Nevada. Nevada-born adult adopted people must secure a court order to obtain a copy of their own original birth certificate. Read more.
New Hampshire. Adoptees who are at least 18 years of age have an unrestricted right to request and obtain their own original birth certificates. The state also allows birth parents to file a contact preference form and/or health history questionnaire, neither of which will restrict the right of adult adoptees to obtain their OBCs. Read more.
New Jersey is best described as a "limited time redaction" state, as the law in 2016 provided birthparents a limited amount of time to request redaction of their information from the adoptee's original birth certificate. Thus, while most New Jersey-born adult adopted people now have a right to obtain their own original birth certificates, approximately 560 birthparents filed redaction requests, leading to redaction of the parents’ identifying information on the OBC. Those 560 adoptees have no right to obtain an unredacted original birth certificate except through a court order. Read more.
New Mexico. A New Mexico-born adult adopted person must demonstrate good cause to convince a court to release a copy of the adoptee's own original birth certificate. Read more.
New York. Since 2020, adult adopted persons and their descendants have an unrestricted right to request and obtain a certified copy of the adopted person's own original birth certificate. Read more.
North Carolina. A court order is required for the release of any identifying information, including an OBC. A North Carolina-born adult adopted person must specifically request the OBC in a court action that seeks the release of identifying information. Read more.
North Dakota. Adult adopted people who were born in North Dakota do not have a right to request and obtain a copy of their own original birth certificates. It takes a court order to release it. Read more.
Ohio. Not all Ohip-born adult adopted people are treated equally. While legislative reforms in the last decade removed a number of discriminatory provisions, significant restrictions remain, including birthparent redaction and disclosure vetoes. Read more.
Oklahoma. Currently, nearly all Oklahoma-born adult adopted must obtain a court order and show good cause for release of the OBC. While Oklahoma-born adopted people whose adoptions were finalized after November 1, 1997, do not require a court order, requests for such OBCs are subject to birth parent disclosure vetoes and redaction. Read more.
Oregon. Oregon-born adopted people who are at least 21 years of age have an unrestricted right to obtain a copy of their own original birth certificates. Oregon law also allows adoptees at age 18 to obtain specific records in the court adoption proceedings. Read more.
Pennsylvania. Pennsylvania-born adopted people who are at least 18 years of age—and who must be high school graduates, possess a GED, or are legally withdrawn from school— may request "summary information" from their original birth record (but not a copy of the original record itself). Birthparents, however may redact identifying information on the OBC by filing a “name redaction request.” Redaction requests may be filed or withdrawn at any time and do not extend beyond a filing parent’s death. Read more.
Rhode Island. Adult adopted people and their descendants have an unrestricted right to request and obtain the adopted person's own original birth certificate at age 18. Read more.
South Carolina. South Carolina-born adult adopted people must either obtain a court order or birthparent permission to obtain an unredacted original birth record. Read more.
South Dakota. South Dakota-born adult adopted people have an unrestricted right to request and obtain a copy of their own original birth certificate directly from the state's vital records department or from the local register of deeds. In July 2023, South Dakota became the fourteenth state to affirm or restore such a right. Read more.
Tennessee. Nearly all adoptees who are 21 years of age have a right to request and obtain their their own “adoption records,” which typically include original birth certificates. The only exception to this right is for an adult adoptee whose birth parent was a victim of rape or incest—in such cases the written consent of the birth parent is required for release of records. Read more.
Texas. Release of the OBC to a Texas-born adult adopted person requires a court order, with one significant exception: adoptees who are at least 18 years of age and who know the names of their birthparents listed on the record may obtain a non-certified copy of their own original birth certificate upon request. Read more.
Utah. Adult adoptees do not have an unrestricted right to request and obtain their own original birth certificates. While adoptees 18 years of age or older may request their birth records, release depends on participating in a voluntary registry as well as obtaining the consent of birthparents, unless a birthparent is dead. Read more.
Vermont. Vermont-born adult adopted people and their descendants have an unrestricted right to request and obtain a copy of the adopted person's own original birth certificate directly from the state's vital records department. In July 2023, Vermont became the thirteenth state to affirm or restore such a right. Read more.
Virginia. Release of an OBC to a Virginia-born adult adopted person requires either a) a state agency’s decision, upon good cause shown, to release identifying information from the adoption records; or b) a court order upon good cause shown. Read more.
Washington. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. An OBC is available through the Department of Health but release is subject to birth parent disclosure vetoes as well as to corrupt contact preference forms that allow birthparents to deny release of the OBC. Disclosure vetoes and contact preference forms expire on the death of the birth parent. Read more.
West Virginia. Adult adoptees do not have an unrestricted right to obtain their own original birth certificates. A court order, requiring good cause, is required before the release of an OBC. Read more.

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.

Wyoming. Adult adoptees do not have an unrestricted right to obtain their original birth certificates. It takes a court order for release of an OBC, with no specific standards or procedures outlined in seeking such an order. Read more.

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OBC: State Status & Numbers

15 UNRESTRICTED
19 COMPROMISED
17 RESTRICTED
51 VIEW ALL
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