North Dakota Adoption Records and Original Birth Certificate Access

Correction (3 November 2026): an earlier version of this post said a 2024 law gave adult adoptees an unrestricted right to their original birth certificate. No such law passed: SB 2284 failed in the Senate in February 2025.

North Dakota's adoption records rules matter both for adult adoptees trying to understand their origins and for adoptive parents navigating what their child will have access to as an adult. Here's what the current rules are, and how the search and disclosure system works.

SB 2284 Did Not Become Law

In the 2025 session, Senate Bill 2284 proposed changes to disclosure of information in adoption proceedings and access to birth records. It failed on second reading in the Senate on 5 February 2025, 5 yeas to 40 nays, so it did not become law. North Dakota's legislature meets in odd-numbered years, and there was no 2024 records reform.

Current law is unchanged: an adoptee's original birth certificate stays sealed, and getting it generally requires a court order (N.D.C.C. 23-02.1-18).

What "Original Birth Certificate" Means

When a child is adopted in North Dakota, two birth certificates exist:

The original birth certificate: Filed at the time of birth, listing the birth mother (and birth father, if established) as the parents. This document is "impounded" — sealed from routine access — when the adoption is finalized.

The new (amended) birth certificate: Issued after finalization, listing the adoptive parents as the legal parents and reflecting any name change. This is the document used for school enrollment, passports, driver's licenses, and all routine purposes.

Both documents are legally valid. The new certificate is used for daily life; the original certificate contains biological identity information that adult adoptees may want for medical history, genealogical research, or personal understanding.

Getting the Original Birth Certificate

The original birth certificate is not available on a simple request to the Division of Vital Records. Because it is sealed, obtaining it generally requires a court order (N.D.C.C. 23-02.1-18). An adult adoptee who wants to pursue this should talk to an attorney about petitioning the court.

Identifying Information: The Search and Disclosure Program

Under N.D.C.C. 14-15-16, adult adoptees may request that the North Dakota HHS Children and Family Services division initiate contact with birth parents to seek their consent for the release of identifying information — names, addresses, contact details.

This is a facilitated search rather than a direct release. The department contacts the birth parent on the adoptee's behalf; if the birth parent consents, identifying information is shared. If the birth parent cannot be located or does not consent, the department reports back.

Following the closure of Lutheran Social Services of North Dakota in 2021, these search and disclosure services moved primarily to Catholic Charities North Dakota, which now handles many of the ongoing search and disclosure requests that LSSND previously managed. If you're an adoptee or adoptive parent navigating a search, Catholic Charities ND is the current point of contact for this function.

Non-Identifying Information: Always Available

North Dakota adoptees and adoptive parents had the right to request non-identifying information. This includes:

• Physical description of birth parents
• Health and medical history of birth parents and their families
• Educational and occupational background
• Circumstances of the adoption

Non-identifying information is available upon written request for a reasonable fee and does not require birth parent consent. Adoptive parents can request this information on behalf of a minor child; adult adoptees can request it directly.

What Happens to the New Birth Certificate After Finalization

When the court signs the final adoption decree, the court clerk sends a Report of Adoption (SFN 8140) to the HHS Division of Vital Records. The Division then issues the amended birth certificate listing the adoptive parents. If a name change was included in the adoption petition, the new name appears on the amended certificate.

Fees: $15 to update the birth record, plus $15 per certified copy of the new birth certificate.

Processing time for the new certificate varies after the Division receives the Report of Adoption. Adoptive parents should request at least two certified copies at the time of issuance — one for immediate use and one as a backup, since replacement requests require additional fees and processing time.

For Adult Adoptees: Your Rights Under Current Law

If you were adopted in North Dakota and are now 18 or older:

1. Your original birth certificate remains sealed; getting it generally requires a court order
2. You can request that HHS/CFS contact your birth parents to seek their consent for identifying information
3. You can request non-identifying information (health history, physical description, etc.) from the department

These options are independent of whether your adoption was "open" or "closed," and they apply regardless of what any adoption agreement said at the time.

For adoptive parents raising younger children: under current North Dakota law your child's original birth certificate stays sealed, but as an adult they can request non-identifying information and ask for a search for their birth parents' consent to share identifying information. Preparing children for these questions — in an age-appropriate way over time — is part of responsible adoptive parenting.

The North Dakota Adoption Process Guide covers the post-adoption records process, the new birth certificate timeline, and the search and disclosure system in detail.

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