Beginning November 3, 2022, Massachusetts will restore the unrestricted right of all adult adopted people to request and obtain their own original birth certificates.
Prior to November 3, 2022, adult adopted people born between July 17, 1974, and January 1, 2008, will be unable to obtain their own OBCs, except by court order (what’s been known as the Massachusetts “donut hole”). The new law eliminates the donut hole.
* (g) If a person shall have been adopted by judicial decree, the clerk of the town where such person was born or the state registrar shall receive the certificate of such adoption issued under the authority of section 6A of chapter 210 or a certified copy of the decree for such adoption, whether issued by a probate court for the commonwealth or by the appropriate court of any other state or country. Except as hereinafter provided, said clerk or state registrar, after receiving such certificate of adoption or any such certified copy, shall forthwith correct the record of birth of the person so adopted. If such certificate or certified copy does not contain the facts relative to the adopting parents hereinafter required for correcting such record, the clerk or state registrar shall not correct such record until he has received an affidavit, signed and sworn to by the adopting parents, or by the person adopted, furnishing such facts. If a person who was in the custody of the department of children and families is adopted and the adopting parents surrender the person back to the department, that person shall have the right to change the birth certificate back to that person’s biological name.
You are able to apply for a copy of a birth record established prior to an adoption (without first obtaining a court order) if you are:
An adoptee who was born in Massachusetts on or before July 17, 1974.
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