A recent news story makes it appear that original birth records may no longer be available to adult adopted people. The story is misleading. Here’s what to know.
This Is About Birth Records for Intercountry Adopted People
This bills and issue in the news story relate solely to intercountry adopted people. They do not affect original birth records for adopted people who were born in New York or the United States. Rather, the bills concern intercountry adopted people whose adoptions may have been finalized or registered in the state. Under current New York state law, the parents of minor intercountry adoptees may apply for a “certificate of birth data,” which is a specific birth record issued after an intercountry adoption is finalized in the state. The birth record is the equivalent of an amended state-issued birth record, though it does not provide proof of US citizenship. For many intercountry adoptees, it is a good record to have, as it shows proof of legal parentage and signifies that an adoption occurred in the state. Adoptees United has been tracking the legislation since it was first introduced in 2023, and it is in favor of its passage. You should be too.
Fixing a Loophole in Current New York Law
The pending legislation (AB1944/SB7365) addresses two things: 1) that foreign certificates of birth were not available for adoptions prior to roughly 1979; and 2) that foreign certificates of birth cannot be created and available to intercountry adopted people once they become adults. As Adoptees United explains in more detail:
In most states an intercountry adoptee as a minor can be issued a certificate of foreign birth so long as there is a full and final adoption registered in state court. This bill extends the issuance of a foreign certificate of birth (which New York calls a “certificate of birth data”) to any adoptee of any age, including people adopted as adults. It also makes the ability to obtain a certificate of birth data retroactive for adoptees who did not previously receive such a certificate as a child (New York did not begin issuing certificates of birth data to intercountry adoptees until the late 1970s).
To be clear:
- Intercountry Adoptees. Pending New York legislation will allow intercountry adoptees whose adoptions were finalized or registered in New York to request the issuance of a certificate of birth data, no matter the date of the adoption or the age of the adoptee at the time of the request;
- US-Born Adoptees. Adoptees born in New York (or born in the United States and adopted in New York) are not affected by the pending bills. US-born adoptees may still apply for and obtain a certified copy of their original pre-adoption birth record, either from the New York State Department of Health or the New York City Department of Mental Health and Hygiene. For help with this, see Where to Apply.
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