When an adoption is finalized, a new birth certificate for the child is issued to the adoptive parents. The original birth certificate is then sealed and kept confidential. Often times a copy of the original birth certificate can not be received unless the laws in the state permit it or under a court order.
As of late, the laws are changing to allow access to the original birth certificates and the statistics speak for themselves.
For example, in DE legislation was passed many years ago that provides access to the original birth certificate. The legislation also contains a contact veto. The number of birth parents that have filed that they don’t want contact or wish for their information released is low in comparison to the number of birth certificates issued. As of April 18, 2005 there were 16 contact vetos filed and as of the same date 615 copies of the original birth certificates issued. This may not be the best example due to the size of Delaware.
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Another example is NH. Legislation was passed and became effective 1/1/2005 granting access to the original birth certificate. This legislation contains what is referred to as a contact preference. The number of birth parents who have chosen to no have contact has been minimal. As of March 18, 2005 18 contact preferences for no contact have been filed and 501 copies of the original birth certificates have been issued.
There are approximately 8 states that have some form of legislation in effect that will permit a copy of the original birth certificate to be issued. They are: Alabama, Alaska, Delaware, Kansas, Maryland, Montana, New Hampshire, Ohio, Oregon, and Tennessee.
The practice of issuing new birth certificates was started to help create a new identity for adopted children and their families. After 70 years, the process has been redefined to deny access to a child's past under all but the most extreme circumstances. Adoptees are not created equal under the current family law system. The availability of information is arbitrary and often dependent on one or more bureaucrats in an entrenched system. With only eight states providing identifying information with a minimum of work, most states require some form of intermediary before information is released.
The trend is moving, slowly, towards releasing information to adult adoptees. It is our past and should be our right. Someday, adult adoptees will be able to receive a copy of their original birth certificate for a fee, just like everyone else.