Pennsylvania Adoption Information Registry (Act 101): What Adoptees and Birth Parents Need to Know

Pennsylvania's Act 101 of 2010 changed the legal landscape for adoptees and birth families by creating enforceable mechanisms for post-adoption contact and expanding access to original birth records. If you are an adult adoptee, a birth parent, or an adoptive family navigating the post-adoption period, here is what the law actually provides.

What Act 101 Created

Act 101 established the Pennsylvania Adoption Information Registry (PAIR), a program administered through the SWAN (Statewide Adoption and Permanency Network) system. PAIR serves three distinct functions:

1. Facilitating requests for original birth certificates by adult adoptees
2. Providing a mechanism for birth relatives to file contact preferences
3. Authorizing legally enforceable Post-Adoption Contact Agreements (PACA)

These are separate functions. You can request your original birth certificate without having a PACA or contact agreement in place, and vice versa.

Original Birth Certificates for Adult Adoptees

Under Act 101, Pennsylvania adoptees who are 18 or older can request a non-certified copy of their original birth certificate—the one issued at the time of their birth, listing their birth name and birth parent information—from the PA Department of Health, Division of Vital Records.

Before Act 101, adoptees had to petition the Orphans' Court to access this record, with disclosure at the court's discretion. Act 101 made access a right, not a petition.

How to request your original birth certificate: Contact the PA Department of Health, Division of Vital Records in New Castle, Pennsylvania. Provide proof of identity (government-issued ID) and proof of adoption (a copy of your adoption decree or amended birth certificate). There is a processing fee.

What the record contains: The original birth certificate lists the name given at birth and the names of birth parents as recorded at the time of birth. If a birth father's name was not listed on the original birth certificate (common in cases where paternity was uncertain or the father did not acknowledge the child), it will not appear on this document.

Limitations: Act 101 gives you the right to the document itself, but not to an active search or direct contact with birth relatives. For that, additional resources and programs exist through PAIR.

New Birth Certificate After Adoption

When an adoption is finalized in Pennsylvania, the Orphans' Court sends documentation to the PA Department of Health, Division of Vital Records, which issues an amended birth certificate. This new certificate:

• Lists the adoptive parents as the child's legal parents
• Shows the child's new legal name (if the name was changed as part of the adoption)
• Is issued with the same format as any other Pennsylvania birth certificate—there is no marking or notation indicating adoption

The amended birth certificate is typically issued 6–8 weeks after the adoption decree is signed.

The amended birth certificate is the document used for school enrollment, passport applications, and other official purposes going forward. The original birth certificate is sealed but available to the adult adoptee under Act 101.

Post-Adoption Contact Agreements (PACA)

Act 101 authorizes legally enforceable contact agreements between birth relatives and adoptive families. A PACA can specify:

• Frequency of contact (visits, phone calls, letters, email)
• Type of contact (in-person, written, or mediated)
• What information can be exchanged
• Duration of the agreement

For a PACA to be legally enforceable, it must be approved by a judge at the time of finalization and determined to be in the best interest of the child. Both birth relatives and adoptive parents must consent.

Enforceability. The fact that a PACA is court-approved and legally enforceable distinguishes it from an informal open adoption agreement. If either party violates the terms, the other party can return to court. Pennsylvania courts have authority to enforce these agreements—but enforcement generally means compelling compliance, not modifying the underlying adoption decree.

Voluntary nature. A PACA is not required for any type of adoption in Pennsylvania. It is an option for families who want the certainty of a court order to define their open adoption relationship. Many families operate with informal open adoption arrangements that are not court-ordered.

The Confidential Intermediary Program

For adoptees or birth relatives seeking information that falls outside what PAIR directly provides, courts may appoint a confidential intermediary. An intermediary is authorized to search for and make contact with birth relatives to obtain medical history, social history, or other identifying information.

The intermediary process is distinct from direct access to records—it is mediated through a third party and requires a court appointment. It is most commonly used when one party wants to establish contact but is uncertain whether the other party is open to it.

What to Tell Your Child About Their Original Birth Certificate

Adoptive parents sometimes worry about their child eventually requesting their original birth certificate. The law gives adult adoptees this right—but it does not require adoptive parents to do anything. You do not receive a copy. There is no notification sent to you when an adult adoptee requests the record.

Most adoption professionals and therapists recommend preparing children for the reality that their original birth certificate exists and that they will have the legal right to access it as an adult. Children who grow up knowing this tend to approach their origins with less anxiety than children for whom it is presented as a secret or a surprise. The Donaldson Adoption Institute and other research organizations have extensively documented this across adopted populations.

Your child's adoption story is theirs. Supporting their access to information about their origins—at developmentally appropriate points and in a supportive way—is consistent with what the research shows promotes healthy adoptee identity development.

2024–2025 Legislative Changes

Pennsylvania's open records landscape has been evolving. Legislative discussions in the 2024–2025 session have addressed expanding adoptee access to original birth certificates and simplifying the process for birth relatives to file contact preferences. If you are navigating PAIR or original birth certificate access, verify the current procedures directly with PAIR or the PA Department of Health, as administrative processes may have been updated.

Accessing PAIR

The Pennsylvania Adoption Information Registry is available through SWAN's post-permanency services. For information on how to access PAIR, request your original birth certificate, or file a contact preference, contact SWAN at 1-800-585-SWAN.

For adoptive families completing the finalization process and wondering what comes next—including post-adoption support services, PAIR registration, and how Pennsylvania's open records landscape is evolving—see the Pennsylvania Adoption Process Guide.

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