UPDATED Adoption Laws for All 50 States and Washington D.C.

In 2018, I created this post as a resource, as much for myself as for anyone else. I reference it more than any other blog post I’ve written over the years.

I think it’s time for an update because much has changed in the last 5 years. So here we go, updated on October 3, 2023:

Many adoptees who have decided to pursue a search for a birth parent (or visa versa) don’t know where exactly to start.

If this is you, then read on.

The best thing you can do to kick off a search is arm yourself with knowledge of the adoption laws in your birth state. Some states allow unrestricted access to adoption records. Others are impossible to access without a court order. Most states fall somewhere between the two.

For adoptees, one of the most important documents housed within adoption records can be the original birth certificate because it lists the name of the birth mother and sometimes, the birth father too.

So it’s understandable why obtaining an original birth certificate can be so important for someone searching for the identity of a birth parent.

But it’s not just the original birth certificate that can contain helpful information for a search. All other supporting documents, even non-identifying information, can prove incredibly useful.

So this is why I urge both adoptees and birth parents to first search out what records and information are available to them before they embark on a search or hire a search to be conducted on their behalf.

American Adoption Congress (AAC) is an international organization that advocates for legislation that will grant ALL individuals unrestricted access to their family and heritage information, to include access to adoption records.

Their website at https://americanadoptioncongress.org/state.php lists adoption laws for all 50 states, as well as Canada and Washington D.C., among other helpful resources.

Another fabulous resource comes from Adoptee Rights Law at https://adopteerightslaw.com/united-states-obc/. At this site, attorney Gregory Luce has also created even more helpful and in-depth information regarding adoption laws for the 50 states.

I decided to create my own list, based off of both of theirs, that gives less of a legal description and more of a concise layman’s summary for adoptees and birth parents who are considering a search.

So if you don’t know where to start, check out your options by finding your birth state below:

Alabama

Adult adoptees who are at least 18 years old have access to their original birth certificate along with court documents pertaining to their adoption that are housed in a sealed file at the Department of Vital Statistics. However, documents held by private adoption agencies and the Department of Human Resources are not accessible.

Birth parents can file a form that requests direct contact with an adult adoptee, contact through an intermediary, or no contact at all.

Alaska

Adult adoptees who are at least 18 years old have access to their original birth certificate and to descriptive information about birth parents and biological siblings.

Birth parents can continually submit their name and address changes to the State Registrar to be attached to the original birth certificate, should the adoptee come looking for them.

Arizona

Adult adoptees who are at least 18 years old, as well as birth parents, adoptive parents, and others, have access to non-identifying information that may include health and genetic history. A court order is required for the release of an original birth certificate for those born between June 20, 1968 and September 28, 2021. For those born prior to June 20, 1968 or after September 28, 2021, they may apply for a copy of their original birth certificate as adults.

Additionally, adult adoptees and birth parents can file a notarized statement with the Division of Economic Security that grants their consent, withholds consent, or withdraws previous consent for the release of their confidential information. In cases where an adoptee and both birth parents have granted consent to release their confidential information, the court may disclose that information.

Lastly, Arizona has a confidential intermediary program that is available to adoptees, birth parents, and some relatives of both parties. This program facilitates contact by allowing confidential intermediaries to access court records in order to locate someone. Again, consent from all parties is required before the information can be disclosed.

One hundred years after the date of an adopted person’s birth, unrestricted birth records are accessible by anyone.

Arkansas

Adult adoptees who are at least 21 years old can submit a written request for their adoption file from the Department of Health. This file contains their original birth certificate and adoption decree. The request costs $100.

This same information can be obtained by surviving spouses of adoptees who have passed away or by persons who are acting guardians of their child(ren) or the child(ren) themselves.

However, birth parents can redact their names from the original birth certificate at any time. Birth parents can also file a separate contact preference form, in which they can request the adoptee not contact them.

One hundred years after the date of an adopted person’s birth, unrestricted birth records are accessible by anyone.

California

Adoptees and birth parents have very limited or no access to adoption records without a court order or similar method. However, identifying information on birth parents may be released to adoptees whose adoption was finalized on or after January 1, 1984. This is only true for adoptees whose birth parents have agreed to the release of their information.

California does have a Mutual Consent Program in which an adoptee (18 or older) and/or birth parent can submit a form that will match them to their biological family member if both have completed the form.

It should be noted that California does not require an amended birth certificate to be issued to an adoptee when they are born, so if the adopted parents choose to opt out of an amended birth certificate, the original birth certificate is not sealed and is readily available to the adoptee anytime.

Colorado

Adult adoptees who are at least 18 years old can obtain their original birth certificate from the Colorado Department of Health and Environment for a fee. They can also get access to additional identifying information upon request.

While the adoptee is still a minor, their adopted parents and grandparents can get a copy of the original birth certificate as well. Biological siblings can also get a copy and birth parents can as long as their rights were not terminated for neglect.

Birth parents whose parental rights were not terminated for neglect can also obtain copies of all adoption documents they originally signed during the course of the relinquishment of their child.

Connecticut

Adult adoptees who are at least 18 years of age, their children (age 18 or older), and their grandchildren (age 18 and older) can access the adoptee’s original birth certificate for a fee of $65.

Identifying information is made available to adult adoptees where there is birth parent consent. Possible limitations apply based upon date of adoption. Other restrictions mandate possible counseling before information is released. It can also be flat-out denied.

Delaware

Adult adoptees who are age 21 and above can apply for a copy of their original birth certificate. However, birth parents can file a written notarized document to block the release of their information to the adoptee. This must be renewed every three years.

Once an adoptee has formally requested their original birth certificate, the Office of Vital Statistics makes a reasonable effort to locate the birth parent and notify them of the request. If the birth parent has not filed a document to block the release of their information, the adoptee is given a copy of their original birth certificate after 35 days.

“Family members doing genealogical research and genealogists representing a family member may obtain copies of records needed for their research” if the registrant is deceased.

All birth records are publicly available 72 years after the birth.

District of Columbia (Washington D.C.)

Adult adoptees must get a court order to access their original birth certificate, as well as any identifying information.

However, for adoptions initiated prior to August 25, 1937, original birth certificates are available upon request unless a party to the adoption requested that the court seal the records.

Florida

Adoptees must get a court order to access their original birth certificate. There are two exceptions to this rule. One, if all parties have agreed to share their identifying information, then it will be released. Two, if proof is provided that the birth parents listed on the original birth certificate are deceased.

A state registry allows adoptees, birth parents, adoptive parents, and other birth relatives to list identifying information when they so choose.

If an adoptee is not yet 18 years old, they must obtain written consent from an adoptive parent before proceeding.

Florida does allow an adult adoptee to use a confidential intermediary to assist in obtaining information.

Georgia

A court order is required to obtain the original birth certificate.

Adult adoptees who are age 21 and above or their adult child who is at least 21 years old can request the names of birth parents, but those names will only be released if the birth parents have submitted their written consent or birth parents who are deceased.

Georgia does have a state-based reunion registry.

Hawaii

Adoptees 18 and older, as well as birth parents, can access the entire adoption file, to include the original birth certificate. The adoptee just must be at least 18 years old before access is granted to any party.

Idaho

An original birth certificate for adoptees is only available through a court order or if all parties have consented through a state adoption registry. Even then, it’s release can still be dependent on the date of adoption, can be redacted, or may only be released based upon birth parent consent.

The registry is for adoptees who are 18 years or older, birth parents, adoptive parents, biological siblings of adult adoptees, the spouse of the adoptee, or children of the adoptee who are at least 18.

The kicker is that all of this only applies to adoptions that have taken place on or after July 1, 2022, which means none of this realistically takes effect until after the year 2039.

Illinois

Adoptees who are 21 and older may obtain a non-certified copy of their original birth certificate via the Illinois Department of Public Health. For adoptees who are deceased, their surviving spouse, children, grandchildren, or adoptive parents may also obtain a copy of the original birth certificate.

However, birth parents whose children were born on or after January 1, 1946 may veto the disclosure of their identifying information, which deletes their identifying information from the original birth certificate provided to the adoptee.

Conversely, birth parents may fill out the Illinois Birth Parent Preference Form that expresses their desire for direct contact, contact through a friend or relative, contact using an intermediary, or no contact.

Indiana

Adult adoptees who are at least 18 years old can begin the application process to receive specifically defined identifying information on their birth parents, but they cannot receive any information until they are 21. Birth parents may block the release of their identifying information, even beyond their death.

If the adoptee is deceased, their surviving spouse, adoptive parents, biological parents, or children may request the information.

Iowa

Adoptees born prior to July 1, 1941 might have full access to their once-sealed adoption records. Adoptees who are at least 18 years old and born after that date must obtain a court order, which requires them to prove “good cause.”

A registry operated by the State Registrar does reveal identifying information to both adoptees and birth parents if consent has been formerly granted by both parties.

Birth parents can file an affidavit that specifies their permission or non permission to reveal their identity to an adoptee. This affidavit is considered when the court decides “good cause”.

If the adoptee is deceased, their spouse, great grandparents, great grandchildren, grandparents, grandchildren, aunts, uncles, nieces, nephews, parents, siblings, and children have the same rights as the adoptee.

Kansas

Adult adoptees who are at least 18 years old have ALWAYS had access to their adoption records. They can obtain their original birth certificate from Kansas Vital Statistics (via a notarized letter and $20) and their adoption record from Kansas Social and Rehabilitative Services.

The adult adoptee is the ONLY person who can access their original birth certificate. However, if the adoptee is deceased, a request is likely granted through a court order.

Birth parents and biological siblings can forward their identifying information onto the adult adoptee, but it is the adoptee’s decision whether or not to make contact.

Kentucky

Adult adoptees, 21 years and older, can request to inspect their adoption records, but are only granted permission when the birth parents have given consent. Where no consent has been given or birth parents cannot be located or they are deceased, a court order is required.

Kentucky birth records become public record 100 years after a person’s date of birth.

Louisiana

An adoptee who is at least 24 has unrestricted access to their original birth certificate.

Descendants of the adoptee cannot gain access without a court order unless the adoptee is deceased. Then they can use Louisiana’s Voluntary Adoption Registry to try and find and/or contact biological relatives.

Maine

Adult adoptees, age 18 and older, can obtain their original birth certificate.

Birth parents can also file a Contact Preference and Medical History Form that can accompany the original birth certificate to be released to the adoptee. They can request no contact.

Descendants of a deceased adoptee have the same rights as the adoptee.

An amended birth certificate may not be issued if the adopted parents or adopted individual elects to simply keep the original.

Maryland

Adult adoptees who are at least 21 years old and who were adopted on or after January 1, 2000 can access their original birth certificate. However, birth parents may file a disclosure veto that prevents their information from being shared with the adoptee.

All others require a court order.

Conversely, a birth parent can also access the adoptee’s original birth certificate, but the adoptee can file a disclosure veto that prevents it.

While Maryland sealed pre-adoption birth certificates prior to 1938, it did not seal court adoption records until 1947. Even then, many adoption records were never sealed and are available for public viewing today.

Adult adoptees, birth parents, biological siblings, and other biological relatives all have access to a mutual consent state registry that facilitates contact when permission is granted by both parties.

Massachusetts

All adoptees have access to their original birth certificate. The adult child of the adoptee or even the other parent of that minor child has the same access to the original birth certificate once the adoptee is deceased.

Michigan

If you are a Michigan-born adoptee who was born on or after May 28, 1945 and before September 12, 1980, you cannot obtain your original birth certificate without a court order. You have access to the state registry via a confidential intermediary to try and obtain identifying information about your birth parents, but this still will not get you a copy of your original birth certificate.

If you are a Michigan-born adoptee who was born prior to May 28, 1945 or after September 11, 1980, you can request a copy of your original birth certificate. However, this can be denied if a living birth parent has denied its release.

Birth records become public 100 years after a person’s date of birth.

Minnesota

Adult adoptees who are at least 19 years old can request disclosure of information on their original birth record according to this statement:

Reasonable efforts shall be made to contact the birth parents, but if contact cannot be made within six months and no unrevoked consent to disclosure has been filed, information is disclosed using the following rules:

    • for adoptees adopted before August 1, 1977, a court order must be obtained

    • for adoptees adopted on or after August 1, 1977, information is released

However, birth parents can veto the release of original birth records to an adoptee, regardless of the date of adoption.

For adoption agencies, Minnesota has a law that allows adoptees adopted on or after August 1, 1982 to access identifying information about their birth parents unless the birth parents filed an affidavit objecting to the release of their information prior to the adoptee’s 19th birthday. Interestingly, adoptees can still seek identifying information through court action if the birth parents have denied consent. The birth parents then must present evidence to support their decision not to release their information.

Adoption records are made public 100 years after the date of the adoption’s finalization.

Minnesota’s law will remain in place as is until July 1, 2024 when all adult adoptees will gain access to their original birth records. If the adoptee is deceased, the same rights will be given to their spouse, children, and grandchildren.

Mississippi

Adoptees cannot gain access to their original birth certificate.

Adult adoptees who are at least 21 years old and born after July 1, 2005 can request identifying information about either birth parent, but their request can be blocked by a birth parent who files a refusal. If consent by the birth parent has not been filed, their identifying information remains forever sealed without a court order.

It is also worthy to note that it is illegal for one birth parent to reveal the identity of the other birth parent.

Missouri

Adult adoptees who are no less than 18 years old, as well as their lineal descendants, can apply for a non-certified copy of their original birth certificate. However, a birth parent can file a “corrupt contact preference form” that restricts it’s release. Also, a birth parent’s disclosure veto lasts beyond their death. It’s called a zombie veto.

Adoption records can only be accessed if the birth parent is deceased or if they have provided permission to release the records. These can be accessed by the adoptee or the adoptee’s lineal descendant upon the adoptee’s death.

Montana

Access is wholly dependent on when an adoptee was born:

Adoptees born 30 or more years ago can obtain a copy of their original birth certificate by means of a written request unless a birth parent has requested a court order be obtained.

Adoptees born less than 30 years ago but before October 1, 1997 can only obtain a copy of their original birth certificate through a court order.

Adult adoptees 18 and older who were born on or after October 1, 1997 can only obtain a copy of their original birth certificate through a court order OR by a written request unless a birth parent has blocked their request.

Extended family of both an adoptee and a birth parent can seek out a court order and/or can participate in the state’s confidential intermediary program.

The state uses a confidential intermediary system for the release of identifying information to adult adoptees, but consent is required from the birth parents.

Nebraska

This state’s laws are quite complex.

For adoptees whose adoption day occurred before September 1, 1988, they may obtain their original birth certificate if both birth parents have given their written consent. If the birth mother was unmarried at the time, written consent is only required by one birth parent. However, adoptive parents may veto a birth parent’s consent. Additionally, a birth parent’s non-consent still applies after their death.

For adoptees whose adoption day occurred between September 1, 1988 and July 20, 2002, they must be 21 years old before they can obtain their original birth certificate unless a birth parent has filed a non-consent or unless an adoptive parent has vetoed that consent. Birth parent consent is assumed unless they have filed a non-consent form.

For adoptees whose adoption day occurred after July 20, 2002, the same rules apply as for adoptees adopted prior to September 1, 1988, but adoptive parents no longer have any say in the matter.

Court records are only available via a court order. Descendants have no rights other than through a court order.

Nevada

Access to an original birth certificate for adoptees is only available via a court order and by the adoptee only. However, the state maintains a reunion registry that allows the release of identifying information when both parties have consented. This registry is available to adult adoptees, birth parents, and their relatives “within a third degree of consanguinity.”

New Hampshire

Adult adoptees, 18 years and older, may obtain unrestricted access to their original birth certificate. So can their spouse, adoptive parents, siblings, and children. However, any other identifying information can only be obtained via a court order or if both parties have mutually consented to their release.

New Jersey

Adult adoptees, 18 and older, who were either born or adopted in New Jersey can access their original birth certificates. In addition to the adoptee, others who have access are direct descendants, siblings, or spouses, adoptive parents, legal guardians, or legal representatives.

Birth parents who placed a child for adoption prior to August 1, 2015 could redact their name and other identifying information from the original birth certificate prior to December 31, 2016. Birth parents can withdraw their redaction at any time.

Note - Approximately 550 birth parents filed non-consent forms prior to the December 31, 2016 deadline. This means approximately 550 adoptees can only obtain access to their original birth certificates through a court order.

New Mexico

For adoptees, original birth certificates can only be obtained through a court order in which good cause is shown.

New Mexico does not require that an amended birth certificate be issued for adoptees, so in some cases, the original birth certificate is the only birth certificate.

New York

Adult adoptees and their direct line descendants can obtain a certified copy of the adoptee’s original birth certificate. Additionally, for someone adopted in New York but born outside of New York, they are able to request identifying information about their birth parents that normally appears on the original birth certificate.

Identifying information can only be obtained via a court order or through a mutual consent registry.

North Carolina

A court order or birth parent consent is necessary for adult adoptees (age 18 and above) to access their original birth certificate.

North Carolina does provide a confidential intermediary program that can be accessed by adult adoptees, birth parents, adult biological siblings (and half siblings), adult family members of deceased adoptees, adult family members of deceased birth parents, and adoptive parents of adoptees who are not yet 18 years old.

North Dakota

A court order is required for adoptees who wish to obtain their original birth certificate.

North Dakota does not require that an amended birth certificate be issued for adoptees, so in some cases, the original birth certificate is the only birth certificate.

Ohio

Access for adult adoptees depends on the date of the adoption.

For those adopted prior to January 1, 1964, they, along with their lineal descendants of at least 18 years, can gain access to the original birth certificate.

For those adopted between January 1, 1964 and September 17, 1996, they, along with their lineal descendants of at least 18 years, can also gain access to the original birth certificate. However, the birth parents were given one year to choose to redact their names until March 19, 2015.

For those adopted after September 17, 1996, they can gain access to the original birth certificate once they turn 21. Adoptive parents can gain access when the adoptee is 18-20 years old. But, records are withheld in cases in which a birth parent has filed a denial of release.

Denial of release forms stand even after a birth parent has died.

Regardless of the year of adoption, birth parents can choose to file a contact preference form and medical and social history at any time.

Oklahoma

If an adoption was finalized after November 1, 1997, an adoptee who is at least 18 years old can access their original birth certificate as long as he or she proves their identity, there are no birth siblings under age 18 who are also placed with an adoptive family and whose locations are known, and a birth parent hasn’t filed a nondisclosure.

If an adoption was finalized before November 1, 1997, a confidential intermediary can be requested to search. However, mutual consent must be gained before any identifying information is released.

Otherwise, a court order is required to gain access to an original birth certificate.

Oklahoma does not require that an amended birth certificate be issued for adoptees, so in some cases, the original birth certificate is the only birth certificate.

Descendants and biological relatives of a deceased adoptee cannot access anything without a court order, but can register with the state’s mutual consent registry.

Oregon

All adult adoptees who are 21 and older can access their original birth certificate, as well as other records involved in the court adoption proceedings. Those who are 18 cannot yet access their original birth certificate, but can access the other records.

Oregon does not require that an amended birth certificate be issued for adoptees, so in some cases, the original birth certificate is the only birth certificate.

Birth parents can file a contact preference form, but it has no bearing on adult adoptees gaining unrestricted access to their original birth certificate.

There is a voluntary adoption registry that facilitates searches as well.

Pennsylvania

Adult adoptees who are at least 18 years old can access their original birth record, but they must also either be a high school graduate, possess a GED, or be legally withdrawn from school. Once the adoptee is 21, the educational requirements do not apply.

Birth parents can redact their names if they choose. When a birth parent dies, their name can be released.

The birth record is merely a summary of the original birth certificate. It contains the names of the birth parents, their ages, the date and county of the birth, and the name given to the child at birth.

Descendants can access these records as well once the adoptee is deceased.

Rhode Island

Adult adoptees who are at least 18 years old can obtain a copy of their original birth certificate. So can their direct line descendants.

Rhode Island does not require that an amended birth certificate be issued for adoptees, so in some cases, the original birth certificate is the only birth certificate.

Birth parents may file a contact preference form that does not in any way effect the release of the original birth certificate to the adoptee.

There is also a state reunion registry.

South Carolina

Original birth certificates are sealed unless permission is gained through a court order, birth parent consent, or birth parent death. An adoptee must be 18 years old to apply. Also, in order to gain a copy of the original birth certificate upon a birth parent’s death, their certified death record must be submitted along with the request. If only one birth parent gives consent and there are two listed on the birth certificate, the non-consenting parent’s information will be redacted.

A reunion registry allows information to be shared with matches that are made, but counseling is required. Adoptees must be 21 to access the registry. The registry is also open to birth parents, birth grandparents, and birth siblings. However, this registry is only available for adoptions that were finalized through the state’s public adoption agency, not private agencies.

South Dakota

Access to original birth certificates for adult adoptees and their adoptive parents is open via the state’s vital records department. All birth records become searchable in South Dakota after 100 years.

A reunion registry is maintained that allows the sharing of information when parties consent. It can be accessed by adoptees who are 18 or older, birth parents, and biological siblings. This registry only facilitates contact. It does not provide search services.

Tennessee

Most adult adoptees who are 21 years of age or older can access their adoption records, to include the original birth certificate. Those who don’t have access without consent from a birth parent are adoptees who were born as the result of rape or incest.

Additionally the cost for obtaining an original birth certificate is $150 for adoptees, which is ten times higher than the amount charged for non-adoptees. This fee may be waived if proof can be shown that the person applying is not able to pay.

Additional court records are also available.

If the adoptee is deceased and others wish to obtain the records, they must obtain a court order. Birth parents whose rights were involuntarily revoked cannot request anything. This is the same for birth parents who were found guilty of a crime against the adoptee.

All adoption records become public record after 100 years of the adoption finalization.

Texas

Adult adoptees who are at least 18 years old and who already know the identities of their birth parents may obtain their original birth certificate. All others require a court order.

When matches are made via a state registry and consent is given, both parties are required to participate in at least one hour of counseling prior to the release of information.

Utah

A state registry allows the release of identifying information if an adult adoptee and an adult member of the biological family both give consent. The registry is open to adult adoptees, biological siblings, and birth parents. If an adoptee wishes to obtain their original birth certificate, they must make this request through the registry. Permission is granted only via birth parent consent or death. If two birth parents are listed and only one gives consent or dies, then information may be redacted.

Records over 100 years old are publicly accessible by anyone.

Vermont

All adoptees have unrestricted access to their original birth certificate.

Birth parents may file a contact preference form that is filed with the state reunion registry. But this has nothing to do with the original birth certificate being released to the adoptee.

If an adoptee is deceased, his or her children and other direct line descendants may obtain a copy.

Virginia

To release an original birth certificate to an adult adoptee, 18 and above, in Virginia, a state agency must decide upon it when good cause is proven or a court order must release it, also upon good cause. 

The process includes (1) requesting identifying information, which (2) initiates an investigation to determine if it is warranted, and (3) applying for court review of a denial for requests that are denied. After the release of identifying information, an adoptee can then (4) request his or her original birth certificate.

For non-agency adoptions, the entire adoption file is available after July 1, 1994 to adult adoptees.

Washington

Adult adoptees over 18 can get their hands on their original birth certificate unless a birth parent has filed a non-release form. Once a birth parent dies, that original birth certificate is accessible.

All other identifying information in the adoption records can only be accessed through a court order or a confidential intermediary.

West Virginia

A court order is required for the release of an original birth certificate to an adult adoptee who is 18 or older.

Adoptees and birth parents have the option to register with the state registry, but both consents must be provided in order for information to be released. Also, both must undergo one hour of counseling when they register.

Interestingly, an adoptee who turns 18 has one year to file a “dissent” to the adoption in the same court that granted the adoption in the first place. If this is filed, the “adoption shall be vacated.”

Wisconsin

Adult adoptees who are 18 and older can obtain identifying information and/or medical information on birth parents and the original birth certificate if the birth parents have filed an affidavit that consents to the release of that information. In cases where no consent has been filed, a diligent search is undertaken in which birth parents’ consent or refusal is sought.

If consent is not granted, a court order is required to obtain the original birth certificate.

Both birth parents must give consent unless one is deceased, unknown, or cannot be located.

If an adoptee and both birth parents are deceased, then the adoptee’s adult children may obtain the original birth certificate.

Wyoming

For adoptees, a court order is required to gain access to original birth certificates.

Adult adoptees, considered 18 and older, must petition the court to appoint a confidential intermediary to find their biological family member, who must also be an adult. Once that family member is located, contact is arranged through the confidential intermediary when desired by both parties. Information uncovered is kept confidential.

Credit:  Information in this blog comes from American Adoption Congress at https://americanadoptioncongress.org/state.php and Adoptee Rights Law at https://adopteerightslaw.com.