I believe that in my previous post regarding accessing original birth certificates, I used an incorrect term in mentioning the DE legislation that was passed several years ago. The DE law that provides access to the original birth certificate does NOT contain a “contact preference” but rather is referred to as a “disclosure veto” in the legislation.

The difference between a contact veto and a disclosure veto is that a disclosure veto is a document filed by one party to register a refusal to the release of any identifying information. A contact veto is a document filed by one party to register refusal to be contacted by the searching party. This is the best way that I can explain the difference.

There are various degrees of openness through the United States and what each state provides to the adoptee with or without restrictions. I created a short summary of these states. If a particular state is not listed, a court order then is required to access the records.

As of August 1, 2000 all adults in Alabama who have sealed original birth certificates were able to request them in writing and begin receiving them. In addition to the sealed birth certificate, any evidence of the adoption contained within the same file will be released.

In Alaska the adoptee can obtain a copy of the original birth certificate at the age of 18.

In CO all adoptions after 1999 the records will be released to the adult adoptee unless a birth parent disclosure veto is filed. Prior to 1999 is by court order only.

Delaware adoptees can obtain a copy of the original birth certificate at the age of 21 unless a birth parent disclosure veto is filed.

Indiana the records are sealed and can only be obtained by court order except for pre 1940 records are not sealed. I also believe that in late 1994 a notice in vehicle registration renewals informed state residents about the state registry that is available.

In Kansas the adoption records are open to the adoptee at the age of 18.

Kentucky law provides adoptees access to the records with the birth parents consent.

Minnesota records are open to the adult adoptee if post 1982 placement unless the birth parent disclosure veto is filed.

Montana has legislation in place that if placement was pre 1967 the original birth certificate is released to the adoptee upon request. 1967-1997 the adoptee requires a court order and post 1997 placements, the records are released to adult adoptees unless a birth parent disclosure veto is filed.

Nebraska law states that any adoptee over the age of 25 is entitled to their original birth certificate unless a birth parent has filed a disclosure veto. However, adoptees in Nebraska are having difficulty accesing their records unless a waiver if filed. There is not provision in the law for an adoptive parent veto but it is my understanding this is happening as well or has happened in the past.

New Hampshire legislation will provide a copy of the original birth certificate at the age of 18 to the adoptee.

In Ohio adoptees prior to 1964 can obtain their original birth certificate upon request. However, if the “re-issuance” of a birth certificate in the adopted name after 1964 the original birth certificate was sealed. If after 1964, access to the original birth certificate is available by court order only.

Oregon legislation permits for the original birth certificate at the age of 21 to the adoptee.

Tennessee the records are available to adult adoptees upon request. There is a disclosure vet for adoptees that are products of rape and incest only as well as a contact veto.

Vermont provides the adoptee access with the consent of birth parent if pre 1986. If post 1986 access is granted unless a birth parent disclosure veto is on file.

Virginia in parental placement adoptions where the consent to the adoption was executed on or after July 1, 1994, the entire adoption record shall be open to the adoptive parents, the adoptee who is 18 years of age or older and a birth parent who executed a written consent to the adoption.

In Wisconsin the adoptee can have access to the original birth certificate with the consent of the birth parent.

I would like to say that this is my interpretation of the various laws and it may or may not be accurate as I am not an attorney. I suggest the appropriate agency in your state to inquire about access to adoption records.