Step Two: Search, Find and Request Any Adoption Records and Documents

Request Your Original Birth Certificate!!!

Governor Andrew M. Cuomo signed legislation (S3419/A5494) on November 14, 2019 allowing adoptees for the first time to receive a certified copy of their birth certificate when they turn 18-years-old.  

REQUEST YOUR ORIGINAL BIRTH CERTIFICATE!

AS OF JANUARY 15th, 2020: On June 20th 2019, the New York State Assembly overwhelmingly approved the bill that ends 83 years of secrecy over the original birth certificates (OBC) of adult adopted persons. The vote was 140-6 in the Assembly, with the Senate passing the measure 56-6 earlier in the month. On November 14, 2019, it was signed by Governor Andrew Cuomo into law and restores the right for adults over the age of 18 to request and receive their own pre-adoption birth records. As part of the larger New York Adoptee Rights Coalition, the Adoptive and Foster Family Coalition of New York is please to state that after over 40 years of failed legislative efforts, we have FINALLY CHANGED THE LAW!!!  On January 15, 2020 , both New York City and New York State will release the necessary forms and begin processing applications. Click here to find out how to apply!
HOW TO REQUEST AN OBC

What Do You Know About Your Adoption?

By their very nature an adoption search is a journey into the unknown. The difficulty is that many adoptees find they have little to no information to even begin with as they do not have any names or even documentation.

Start by revisiting what you do know, what you have been told and what you think you remember. Ask questions and make direct inquires about your adoption. Gather whatever records, documents or even vague memories you can from:

  • Your Adoptive Parents: ask them for ANY paperwork they might have from your adoption. There is usually legal paperwork and the final adoption decrees plus any verbal information they might remember.
  • Extended Family: other adults who were around during the time of your adoption might remember different bits of information or even rumors that could help. Ask aunts, uncles, grandparents, older cousins and close friends of your adoptive paretns. Oftentimes, adopted people will find that what is considered common family knowledge about their adoption is known by everyone but the actual adoptee.
  • The Adoption Agency: many agencies do have their own procedures involved for reunions. Not all are helpful, but they are a good place to start an adoption search even if you quickly cross them off your list.
  • The Adoption Attorneys: they might still records on hand and names, sometimes they might pass some information on.

It can also sometimes be helpful to see if any information can be had from the Maternity Home and / or Hospital that was involved.  You will also want to find out as many tiny rumors and bits of information as you can from extended family members or friends. Keep notes of what you do find out, but do expect that many parties will not be forthcoming. Unfortunately, the adopted person does not have an definitive legal right to access all the files about them.

Understanding What Adoption Records Exist, Where They Are and Who Has Them

Oftentimes it seems that when people talk about “their records”, they expect that someplace in New York state there is a filing cabinet in a dusty basement somewhere. The expectation is that in that cabinet there is a folder with their name on it and in that folder there is every document available regarding their adoption or placement into foster care.

That’s just not how it works. Unfortunately there are usually multiple records that pertain to any one adoption and multiple parties that both own and have access to those records.

  • Agency Records: Private adoption agencies will have their own versions of records. If both the birth parents and the adoptive parents used the same agency, then there will be files on the adoptive parents application, certification and home study and often separate files on the birth parent/s. The birth parents files will often contain pregnancy counseling notes and medical inflammation on the pregnancy. These files are owned by the agency.
  • Hospital Records: Medical and hospital records exist for both the mother and the child. The adopted person has NO LEGAL RIGHT to their biological parents files as they legal parent child relationship has been severed. While hospital records are owned by the hospitals and generally patients can have access to the files regrading their own health, the adopted persons records are in their original name. As the adopted person is no longer legally the person named on the records, access is often impossible as the adoptee cannot prove their are the person named on said files.
  • Legal Records: The adoption attorney is usually retained on behalf of the adoptive parents to prepare the legal paperwork and petition the courts to finalize the adoption. Like the agencies, these records are owned by the law firm. As the adoptive parents were the paying client, they should have been given copies at the time of finalization. If the attorney’s firm is still in existence and if they has retained their files, they they should be able to fulfill a request made by their clients, the adoptive parents. They might oblige an adoptee, but they are not compelled to.
  • Court Records: There are files generated on the County Surrogate Court level for each adoption that is finalized including the order of adoption and adoption decrees. These records are maintained by the court in the county of which the adoption took place. By law they are not public records and generally, even parties named are denied access to the contents. However, the if provided written consent the Adoption clerk can pull the files to check for legalities and the courts have sometimes approved limited access in order to establish lineage and heritage requirements. (see Matter of Margaret O.O.K. for example)
  • State Records: The State maintains the Department of Health’s Birth records, including the original birth certificate (OBC) and the amended birth certificates (ABC). The New York City Department of Health and Mental Hygiene issues birth certificates for all people who are born in New York City. By law, when any adoption in New York state is finalized, the Order of Adoption triggers the DOH or NYC to sealed the OBC and issue the new ABC. As of January 15, 2020,  those born and adopted in New York over the age of 18, their descendants or legal representatives may access the OBC.  

As so very many adoptees searching are told by agencies that their records were “lost in a flood” or “lost in a fire”, it cannot possibly be true. Most agencies and other adoption professionals have had to construct their policy based on the state law that adoption records are sealed. The law change only restores the adult adoptees access to their original birth certificates as opposed to the “files”, so how individual policies will change based on the release of identifying information is still unknown. Others will still be bound by HIPPA regulations that preserve the privacy of medical information and the inability to prove legal familiar connection.

Access to Foster Care Records

If you were in foster care, per OCFS regulation 18 NYCRR 428.8,  a non-adopted adult former foster child may have access to his or her social history.  Medical histories for foster children who were discharged to their own recognizance are available under Social Services Law 373-a.  Such a request would have to be made either to the local department of social services that had legal custody of the person or the voluntary authorized agency that cared for the person.  While OCFS supervises foster care and adoption services in New York State, actual individual case records are created, updated, and stored by the county social services department where the foster child resides. Therefore, if you know the county department of social services that was involved, you may wish to contact that office directly about your request. If you know the name of the foster care agency involved, you may wish to contact that organization as well. To find out the address and phone number of a specific county department of social services, please click on the following link: http://ocfs.ny.gov/main/localdss.asp Other than the social and medical  history,  foster care records are confidential under Section 372(4) of the Social Services Law and are available only with a court order from the Supreme Court, Family Court or Court of Claims. You should be aware that there are limitations on how long an agency must retain foster care records. OCFS regulations at 18 NYCRR Section 428.10(a)(5)(i) provide that foster care records must be maintained for a period of 30 years following the discharge of the foster child from care.  Therefore, even if you could secure a court order as noted above, there is no guarantee that such records still exist.  Birth parents whose children were taken into care do not have access or rights to files. Contact the county Department of social services in the county you were adopted in and /or the county you lived in when you were taken into care. For New York City’s Five Boroughs, contact Administration for Children’s Services. (ACS)

Intercounty/International Adoption Records

In intercountry adoption cases, federal accreditation standards require accredited or approved adoption service providers to retain or archive records in a safe, secure, and retrievable manner for the period of time required by applicable state law. Such archiving ensures that:

  • Personal data gathered for an adoption is used for the purposes for which the information was gathered and sensitive individual information is protected from unauthorized disclosure; 
  • Non-identifying information about the adoptee’s health history or background is accessible to the adoptee and the adoptive parents; 
  • A plan exists to transfer adoption records to an appropriate custodian who will ensure the accessibility of the records in the event that the adoption service provider ceases to provide adoption services. 

If an accredited or approved adoption service provider was acting as a primary provider in your intercountry adoption case, you may contact that adoption service provider to request copies of your adoption records. The contact information is available in the ASP Directory hosted by both accrediting entities, IAAME and CEAS.

You may also consider retrieving copies of your adoption and immigration-related documents, including your birth certificate, adoption decree, and Permanent Resident Card with your Alien Registration Number, from USCIS.  This can be done for free by filing Form G-639, Freedom of Information Act/ Privacy Act Request under the Freedom of Information Act (5 U.S.C. §552).  Please refer to the USCIS Freedom of Information Act Request Guide.

 

Depending on the time that the adoption took place and the parties involved, there is a very good chance that there will always been remaining unknowns. Those searching should also be prepared to find conflicting or inaccurate information. Generally, it is reported that most people do not regret searching for their family even if it had an unexpected outcome.

The Coalition is not a government agency, does not provide direct search services, and is unable to assist you with accessing information in closed adoption records.  We ARE NOT SEARCHERS, however, we can point you in the right direction.  Please see the Guide to Finding Your Birth Parents if Born and Adopted in New York State