So how does one go about getting a OBC?

Question

If the birthmom, amom and adoptee all agree that the adoptee should have their OBC. Just curious.

Answer 1

I have a right to my OBC no matter who "agrees" I should have it.    

Unfortunately the only way I could go about getting it currently would be to change the laws of the state I was born in.  And in my own small way I am working on that.

Answer 2

I guess we just have to keep on, moving on. Six states have changed the laws, the others will have to follow eventually.

What states are they?

Generally, the first states to make changes are: CA, NY, FL, WA.... and I can't remember the other 2 / 3. It's just a matter of time before the others do to.

Answer 3

It depends on the state in which the adoption was finalized.  In many states, just because everyone agrees doesn't mean the OBC will be released for access.  Here is a Website that shows the laws for each state regarding access.  Fortunately for the non-adopted, they don't have to rely on varying laws or getting their "mommie's permission" or the state's permission.  They get treated with dignity under the law, but adoptees don't.

http://laws.adoption.com/statutes/state-...

Although Maine is listed as requiring a court order, starting in 2009, Maine will have unconditional access for all adopted adults.

EDIT:

There are 6 states that allow unconditional access.  Kansas and Alaska never sealed records to the adopted person.  The other open 4 states -- New Hampshire, Alaska, Oregon and Maine -- re-instated this basic right to adopted citizens within the last decade.

EDIT for Snowillow:

Snowwillow, I was also adopted in California.  Generally speaking, California requires that you petition the court for an order to access your OBC.  The requirement to be granted the order is called "good and compelling cause."  Good and compelling cause is undefinable, as there is no legal definition nor is there any list of what meets this criteria.  It is left to the discretion of the judge in each case as to whether or not good and compelling cause has been met.  

However, there are some counties in CA that should grant  your OBC and the rest of the contents of your adoption file to your adoptive parents.  However, courts are still reluctant to do so, claiming the need for a court order.

Read more about this here, and about what legal code to cite when having your aparents request the information.

http://laws.adoption.com/uni/adoption.co...

I know, it's utterly ridiculous.

Answer 4

adult adoptees shouldn't EVER need EITHER parents permission to access their birth certificates. We're not children. We're adults!! We don't need mommy or daddys consent.

EVEN IF THEY ALL AGREE AND CONSENT, the courts STILL don't give them to you unless you're in one of the 6 open record states.

Answer 5

In six states adoptees don't need their natural nor adoptive parents consent. That is the way it should be.  Those states are Kansas, Alaska, Alabama, New Hampshire, Oregon, and Maine after 2009.  

They all can agree to it but the courts still will and do disagree to give the OBC.  

Since I am 42, I don't think I should have to ask for either parent's consent to a document that records my birth.  Do you have to ask for your OBC from your parents?

Answer 6

In the United States?   out of luck unlesss you live in one of the 2 States which never sealed the OBCs or one of the 6 States in which Adoptees have been successful in fighting to restore their right to their own vital records.

Even if the first mom, adoptive mom and adoptee all agree and all know each other's  identity, the State STILL refuses to release the adoptee's original birth certificate to them in 44 States

This HAS TO CHANGE, it is outright discrimination against Adoptees.

p.s. No Adult should have to ask for their parents' permission to obtain their own birth certificate! although this is exactly what Adult Adoptees are required to do in some States.   Forever children?  the USA thinks we are, apparently!

Thanks for the question!