Access to Uncertified Original Birth Certificates 

        Massachusetts ABC Committee

Frequently Asked Questions about Access to Original Birth Certificates - Senate Bill #63

Q.     Why is Senate Bill #63 so important?

 A.  Senate Bill 63 strives to gain access to as many adopted persons as possible, as well as respecting all parties involved.

• Senate Bill #63 restores access that existed, under law, to all adopted persons over the age of 18 or the adoptive parent(s) of a minor adopted person born before July 17, 1974.
• Before July 17, 1974 adult adopted persons over the age of 18 or adoptive parents of minor adopted persons were able to access an uncertified copy of the adopted person’s original birth certificate.  Therefore, all birth mothers who relinquished before July 17, 1974 relinquished during the years when access was the law of the Commonwealth of Massachusetts .
• Senate Bill #63 allows access to all adopted persons over the age of 18 or the adoptive parent(s) of a minor adopted person if born after January 1, 2008.
• Adopted persons born after January 1, 2008 will have the same access as those born before July 17, 1974.
• Senate Bill #63 recognizes the deeply held conviction of some that during the period in which access to birth certificates has been limited, some birth parents may have relied on this confidentiality.
• Senate Bill #63, in an effort to see that as many people as possible, are successful in obtaining their original birth certificates, establishes an Adoption Contact Information Registry at Vital Statistics – The same agency that holds the Birth Certificates.  This information with be maintained indefinitely.
• Senate Bill #63 further stipulates that evidence of birthparents willingness to provide information about their identity to the adopted person in the adoption record shall serve as sufficient evidence to grant access to the birth certificate.
• In 1986 the Commonwealth of Massachusetts passed a law that allowed Birth Parents to give written permission to release their identity to the child or children they relinquished.   Every effort will be made to have all Adoption Agencies submit the names of all those in their files who meet this standard.  This would include those involved in “Open Adoptions”, as well as, those who have received letters with permission to release information.

 Q:        Do both birth parents have to give evidence of a willingness to provide information in order for the birth certificate to be released?

A:         No, Only to the birth mother.

Q:         Will the birth parent be notified when the birth certificate is released?

A:         Senate Bill #63 deals with access to the uncertified original birth certificate only.  The only person who will know when or if the birth certificate has been released is the adult adopted person or the adoptive parent of the minor adopted person to whom the birth certificate belongs.

Q:         Will adopted persons be able to access accurate information about their history without the names of their birth parents?

A:         Yes, The Commonwealth of Massachusetts already has a law that gives adopted persons access to their non-identifying information.

Q:         What does an adopted person do if the birth parent has died without indicating their wishes?

A:         Unfortunately, Senate Bill #63 does not cover all situations and those who do not have evidence of a birth parent’s willingness to provide information about their identity will still need to petition the Probate Court.

Q:         Will Senate Bill #63 lead to either more abortions or fewer adoptions?

A:         No, Statistics show the reverse is true.   

·        In Alaska and Kansas , where adopted persons have always had access to original birth certificates, abortion rates are LOWER than the rate for the United States as a whole and, in the case of Kansas , LOWER than the adjacent states.

·         In Alaska and Kansas adoption rates are HIGHER than the rate for the United States as a whole and, in the case of Kansas, HIGHER than the neighboring states.   None of the states adjacent to Kansas allow access to original birth certificates.

Q:         Will ABC prompt a birthparent to attempt to reclaim a child?

A:         Senate Bill #63 will not provide a birthparent with his or her offspring’s adoptive identity.  Entrusting adoptive                 parents with their child’s original birth certificate and information regarding origins can only strengthen adoptive families.

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Copyright © 2006 Access to Uncertified Original Birth Certificates Committee

Last modified September 6, 2007.