D.C. Court Ruling Exposes Ongoing Difficulties for Some Adoptees To Unseal Their Original Birth Certificate

 

Most of us have seen our original birth certificate, keeping it in a safe place for when it’s time to get a passport or otherwise confirm our identity. 

For the approximately 2–3% of Americans who are adoptees, having access to their original birth record can be a trial.  Literally.  A ruling made in a petition to open a sealed adoption record in the U.S. District Court for the District of Columbia on July 13, 2026, once again highlighted that only a small number of states allow adoptees over the age of 18 unrestricted access to their original birth certificate (OBC).  Depending on how you count states with redaction or veto rules, roughly a dozen states give adult adoptees broad, direct access to their original birth certificates, including New York, Georgia, and Hawaii

For the rest, such as the unnamed 73-year-old adoptee who needed a court order to authorize releasing an OBC to gain access to the family medical history of her likely deceased birth parents, it can be a frustrating battle against outdated state laws.  While the natural assumption is that adoption petitions are complicated to preserve the parents' confidentiality, that’s not necessarily the only reason so few states have updated their statutes.

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The first comprehensive law governing adoption in the U.S. was the Massachusetts Adoption of Children Act of 1851, which was created to protect the welfare of the child by moving from private contracts to a legal, court-overseen process.  Although originally not sealed, the policies for birth certificate access shifted in the conservative era ushered in after the end of World War II.  To protect against claims of illegitimacy that sometimes dogged the new family members, birth certificates of adopted children were sealed.

While this undeserved stigma had begun to fade by the late 1960s, state laws were not quick to follow suit.  There isn’t a federal birth registry.  All birth certificates and registries are issued and handled by each state, with significant variation in statutes regarding the rights of birth parents and those of the child given up for adoption. In some types, like relative, stepparent, or open adoptions, ongoing contact is a part of the agreement.  For others given up at birth or soon after, finding out who your birth parents are can depend heavily on what jurisdiction you were born in.

As noted, only a minority of states, including New York, Georgia, and Hawaii, allow many or all adults over 18 to request their OBC directly from vital records without a separate court order.  In roughly 20 states and in Washington, D.C., adoptees generally must obtain a court order to access their original birth certificate or adoption records.

Other requirements vary by jurisdiction.  In many states, adoptees must still petition a court in their birth state to unseal adoption records, while in others they apply directly to vital records under specific statutory procedures.  In some states, such as Minnesota, access to identifying adoption records can be tightly constrained and may involve long retention and sealing periods, layered court procedures, and limits on what information can be shared.  To navigate these processes, adoptees may need to petition a court, provide documentation such as a certified copy of the final decree of adoption, and in some cases may receive only non‑identifying information, such as family medical history.  Many turn to advocacy organizations or attorneys for help understanding their options.

This may seem like a lot of hoops to jump through just to get your own birth certificate, but those who favor the existing laws in those states argue that the parents’ privacy shouldn’t be betrayed.  That doesn’t mean everyone sitting on a bench agrees.

‘They’re Probably Dead’ Seems Kind of Ghoulish, If Effective

While not a state, Washington, D.C. has statutes governing the privacy of adoptees’ birth certificates.  Under D.C. Code § 16‑311, adoption records are sealed and may be opened only when a court finds that disclosure would promote or protect the welfare of the adoptee.  Under § 16‑314, the original birth certificate is sealed and may be opened only by court order.  However, Magistrate Judges have the power under Local Rule LCvR 72.1(a)(7) (page 68) to “consider options by adopted persons to open adoption records of the Court.

The unnamed plaintiff was seeking to break the seal on her adoption records in order to find out more about the medical history of her family.  While granting her petition, Magistrate Judge Zia Faruqui classified the code of the District of Columbia as “antiquated” and reinforcing “harmful gender stereotypes.”  While changing the code herself was beyond her power, Judge Faruqui granted the plaintiff’s motion based on the likelihood that both her birth parents were deceased.  As such, their privacy rights were eclipsed by the needs of their still-living child.

It’s unknown whether the plaintiff had a pressing medical issue or was simply seeking information about any family-based illnesses, but that may remain between her and her physician.  After the Clerk issued her copies of the adoption records, Judge Faruqui ordered the court record to be resealed.

LINK: https://www.findlaw.com/legalblogs/law-and-life/d-c-court-ruling-exposes-ongoing-difficulties-for-some-adoptees-to-unseal-their-original-birth-certificate/