Virginia Adoption Records: What Adoptees, Birth Parents, and Families Can Access

Virginia adoption records law changed significantly in July 2026. For most of the state's history, original birth certificates (OBCs) were sealed at the time of adoption and could only be accessed by court order. That system is now effectively gone for adult adoptees.

Understanding what changed, what records exist, and how to access them requires distinguishing between three separate systems: the Mutual Consent Registry, the original birth certificate process, and court records. Each operates differently, serves a different purpose, and has different access rules.

What Changed in July 2026

HB301 and HB2093, passed in the 2025 Virginia General Assembly and effective July 1, 2026, give adult adoptees (age 18 and older) the right to request their original, unredacted birth certificate directly from the Virginia Department of Health's Division of Vital Records. No court order required. No showing of medical need. No intermediary.

Birth parents retain a role in this system through the Contact Preference Form. A birth parent may file this form with the Division of Vital Records to indicate:

• Contact welcome: The birth parent welcomes contact from the adoptee.
• Contact through an intermediary: The birth parent prefers that initial contact come through a mutual consent registry or intermediary service.
• No contact requested: The birth parent asks not to be contacted.

Critically, a "no contact" preference does not seal the OBC. The adoptee still receives the original birth certificate. The Contact Preference Form governs how the birth parent wishes to be approached -- it does not control what information the adoptee can obtain about their own birth.

This represents a fundamental shift from the previous framework, which gave birth parents effective veto power over OBC access through confidentiality agreements.

How to Request a Virginia Original Birth Certificate

Adult adoptees (18+) born in Virginia can request their OBC from the Virginia Department of Health, Division of Vital Records. The request process involves:

1. Submitting a request form identifying yourself as an adult adoptee
2. Providing proof of identity (government-issued photo ID)
3. Paying the applicable vital records fee (check the Division of Vital Records website for current fees)
4. Receiving the OBC, which will show the birth parent(s) listed at the time of birth

If a Contact Preference Form has been filed by a birth parent, the Division of Vital Records will provide that form along with the OBC so the adoptee is aware of the birth parent's preferences.

For adoptees born before certain records were kept digitally, or for adoptions finalized in other states, the process may differ. Out-of-state adoptees who want Virginia records related to their adoption should contact the specific LDSS or court where the adoption was finalized.

The Virginia Mutual Consent Registry

Separate from the OBC process, Virginia maintains a Mutual Consent Registry that allows birth parents and adult adoptees to find each other when both parties register. A match occurs only when both parties register -- neither party can use the registry to obtain the other's information unilaterally.

Who can register:

• Adult adoptees who were born and adopted in Virginia (or whose adoption was finalized in Virginia)
• Birth parents who have relinquished a child for adoption
• Adult siblings of adoptees in some circumstances

What registration provides: If both parties register, VDSS notifies each party of the match and facilitates the exchange of contact information. There is no time pressure -- an adoptee who registers at age 25 will receive a match notification if their birth parent has already registered, and vice versa.

What registration does not provide: The registry does not give either party access to the other's information if only one party has registered. It does not provide medical history or non-identifying background information (those are available through other channels). It does not work for adoptions finalized in other states.

For adoptees adopted from Virginia foster care, the LDSS that held custody may also maintain records. Agencies including Children's Home Society of Virginia (CHSVA) and enCircle offer intermediary search services and counseling to support the reunion process.

Court Records: What Exists and Who Can Access It

Every adoption that finalized in a Virginia Circuit Court created a court record. That record typically includes the petition, the home study, consent documents (or TPR order), the interlocutory order, the Report of Visitation, and the Final Order of Adoption.

Virginia adoption court records are sealed. The original file is not accessible to the general public. Access requires one of the following:

Court order based on good cause: Any party -- adoptee, birth parent, adoptive parent -- can petition the Circuit Court that finalized the adoption to unseal the record based on good cause. Medical necessity, legal proceedings, and identification of siblings are commonly cited grounds. The judge has broad discretion.

Non-identifying information: Virginia law provides for release of non-identifying information -- the adoptee's medical history, general background of birth family, circumstances of placement -- through the agency or LDSS that facilitated the adoption. This does not require a court order.

Non-Identifying Information: The Easier Starting Point

For adoptees or adoptive families who want background medical information without pursuing OBC access or court records, non-identifying information is available through:

• The licensed CPA or LDSS that facilitated the adoption (contact them directly and request a non-identifying information disclosure)
• VDSS, if the adoption was a public foster care adoption

Non-identifying information includes: the birth family's medical history, general ethnic and social background, the reason for the adoption plan, and circumstances of the birth parents' lives at the time of placement. It does not include names, addresses, or other identifying details.

This information is particularly valuable for adoptive parents completing routine pediatric medical forms where family health history is requested.

What the 2026 Law Means for Families Adopting Now

Families adopting infants in Virginia today are making a decision that will affect their child's adult life under the new legal framework. The child you adopt has the right, when they turn 18, to obtain their original birth certificate without any action required on their part or on the birth parent's part.

Open conversations about adoption origins, birth family relationships, and the child's right to information are not merely a best practice -- they are legally and emotionally supported by Virginia's current framework. Birth parents in private placements should be informed of the Contact Preference Form process so they can express their wishes in advance.

For families currently navigating an open adoption agreement with birth parents, the Virginia Adoption Process Guide covers how Virginia's framework for open adoption, contact agreements, and post-adoption communication intersects with the 2026 records access change.

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