On July 1, 2024 Minnesota will become the fifteenth state in the United States to affirm or restore the right of all adopted people to request and obtain their own original birth certificates (OBC). Here’s what the new law does plus how and when Minnesota-born adoptees and their families can apply for a copy of the OBC.
What To Know About Minnesota’s New Law: A FAQ
On July 1, 2024 Minnesota will become the fifteenth state in the United States to affirm or restore the right of all adopted people to request and obtain their own original birth certificates (OBC). Here’s what the new law does plus how and when Minnesota-born adoptees and their families can apply for a copy of the OBC.
Does this mean I can now get a copy of my own original birth certificate in Minnesota?
Yes, yes it does—but not quite yet. The new law becomes fully effective on July 1, 2024. You will have to wait until that date to apply for a copy of your own original birth certificate.
Does the new law apply to all adopted people born in Minnesota?
Yes. No matter the date of a person’s birth or adoption, all Minnesota-born adopted people will have an unrestricted right to request and obtain their own original birth certificates. While current law uses a complicated intermediary process involving two state agencies and the child placing agency that handled the adoption, the new law eliminates almost all of that red tape. Instead, adult adopted people will apply for the OBC directly through the Minnesota Department of Health. The heart of the new law is contained in these provisions and may actually answer most of your initial questions:
The state registrar must provide to an adopted person who is 18 years of age or older or a person related to the adopted person a copy of the adopted person’s original birth record and any evidence of the adoption previously filed with the state registrar.
How old do I have to be to request my own OBC?
You must be 18 years of age or older to request your own OBC.
Who else can apply for the OBC other than the adopted person?
The law also allows for “a person related to the adopted person” to apply for the adopted person’s original birth record so long as the adopted person is deceased. The law defines a “person related to the adopted person” as an adult “spouse, child, or grandchild of an adopted person” as well as the legal representative of the adopted person.
Do all descendants of a deceased adoptee have a right to request a copy of their ancestor’s original birth record?
No. This law applies only to the adult children or grandchildren of the deceased adopted person and not to all descendants. Another part of the bill, however, provides that “[d]ata pertaining to the birth of a child that are not accessible to the public become public data if 100 years have elapsed since the birth of the child.” This provision will make the original birth record of an adopted person publicly available 100 years after the adopted person’s birth.
How and where do I apply?
Once the law is fully effective, you would apply for your original birth certificate the Minnesota Department of Health. The application and more information about the process will be added here and on the Minnesota Coalition for Adoption Reform website once they are available.
What other documents or information could I receive when I apply for the original birth record?
You will likely receive several documents, though it depends on the circumstances of your adoption and whether a birthparent has filed any forms prior to your request for the record. In addition to a copy of the original birth record, you may also receive:
- “evidence of the adoption previously filed with the State Registrar.” This almost always includes the order or report of adoption issued by a court after an adoption is finalized. What you receive as “evidence of the adoption” may vary depending on the year of the adoption, as documentation and other requirements in adoptions changed over the years.
- a birthparent contact preference form that a birthparent may have filed;
- information about the existence of an unrevoked consent to disclosure or of an affidavit of nondisclosure, including the name of the birthparent who filed the consent or affidavit. If a birthparent authorized the release of the birthparent’s address through a previously filed consent form, that information may also be provided.
I thought the law eliminates the use of consent and denial forms in releasing information and birth records. Does the late eliminate the use of those forms?
Yes, the new law sunsets the use of consent forms or affidavits of nondisclosure (sometimes called disclosure vetoes). They will no longer be effective after June 30, 2024, and they will not control or limit the release of the birth record. In addition, while you may be informed that a birthparent previously filed a disclosure veto, you will still receive a copy of the original birth record.
What is a contact preference form and how does that affect the release of the original birth certificate?
A genuine contact preference form allows a birthparent listed on the original birth record to express a preference for any contact with the adopted person or the adopted person’s descendants. It has three choices. None of the choices will impact the release of the original birth certificate. A contact preference form allows a birthparent to indicate one of the following:
1) I would like to be contacted.
(2) I would prefer to be contacted only through an intermediary.
(3) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the Minnesota Department of Health.
In addition, the contact preference form “shall include space where the birth parent may include information that the birth parent feels is important for the adopted person to know.”
When will contact preference forms be available to file?
The law requires that birthparent contact preference forms be available for filing by August 1, 2023. They are to be filed with the Minnesota Department of Health.
How much does it cost to apply for the original birth certificate?
It should not cost more than what it costs to apply for a copy of any Minnesota-issued birth certificate, though we do not yet know the specific cost.
Can I apply for the OBC online?
It is not known yet if online applications will be accepted. This will be updated as we learn more.
How long will it take to get the copy of the original birth certificate?
We do not yet have an estimate on this, though the law provides that “[a]ll procedures, fees, and waiting periods applicable to a nonadopted person’s request for a copy of a birth record apply in the same manner as requests” made by adopted people. Typically, however, it may take slightly longer for issuance of a copy of the original birth record because of the need to match the record with the amended birth record and to provide any other documents that accompanies the record (e.g., a contact preference form).
Will any information on the original birth record be changed or removed?
No. The law does not allow for anyone to change or remove information from the original birth record.
Will I get a certified copy of the original birth certificate?
No, the copy of the original birth record will not be certified. The law also specifically provides that:
The copy of the original birth certificate shall clearly indicate that it may not be used for identification purposes.
Does this new law impact intercountry adoptees?
Yes. A specific provision in the law makes it easier for intercountry adoptees to obtain records related to their adoptions, if finalized in Minnesota and a certificate of foreign birth was also issued. The law will provide for release of the order of adoption, a certificate of adoption, or a decree issued in the adoption, as filed with the state registrar. This may make it easier for intercountry adoptees to secure specific records necessary to prove or secure US citizenship, rather than requiring a court petition to obtain necessary records.
Is there a state or other group involved with this new law?
Yes. The Minnesota Coalition for Adoption Reform has been working on this issue diligently for 25 years or more. In the last few years, Adoptee Rights Law Center worked closely with them to advocate for the new law.
Where can I read the text of the new law?
You can find the relevant portions of the law here as a PDF, which is a portion of the much larger bill (SF2995) that contained these adoptee rights provisions. Once the law is in effect on July 1, 2024, the Minnesota page on Adoptee Rights Law Center will also be updated to reflect the new law.
Will you be updating this FAQ when necessary?
Yes, I will update this FAQ as more information becomes available or if information changes or needs correction based on what I currently understand about implementation of the new law.
Have you updated your map yet?
Not yet. We will have to wait until July 1, 2024, to set off our full array of adoptee fireworks. Until then, the map will still look like this, though there is a note about the new law if you click on Minnesota.
