New York
New York Adoption Records: Original Birth Certificates and the NYC/NYS Split
Independently fact-checked against primary sources (last audited August 11, 2026). · Law checked current as of August 11, 2026. · 4 primary sources cited on this page. How we verify our legal content
New York has allowed adult adoptees to request their original birth certificate directly since January 15, 2020, no court order required. One statute covers the entire state, but where you file depends on where you were born: adoptees born in New York State outside New York City apply through the state health department, and adoptees born in the five boroughs apply through the New York City health department.
That fork is the single most important thing to get right before applying, since sending a request to the wrong agency wastes time.
Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.
This page is part of RecordingLaw's guide to adoption records by state. For the general rules other states use, see how to get your original birth certificate and adoption reunion registries.
New York Opened Direct Access to the Original Birth Certificate in 2020
Under New York Public Health Law 4138-e, the registrar "shall issue certified copies of original long form line by line, vault copy birth certificates... to (i) an adopted person, if eighteen years of age or more." This is the codified version of a 2019 reform bill, S3419/A5494, signed into law on November 14, 2019, with applications accepted starting January 15, 2020, the first time these records had been directly accessible since New York began sealing them in 1936. The current text contains no court-order requirement and no birth-parent veto.
One Law, Two Application Channels: New York State vs. New York City
New York's access to the original birth certificate has a real fork that a reader needs to know before applying, but it is administrative rather than legal. Public Health Law 4138-e governs statewide. Its subdivision 2(c) defines the "commissioner" who issues these records to include both the state commissioner of health and the commissioner of health and mental hygiene of the City of New York, and, for births before January 1, 1914, the local registrars of Albany, Buffalo and Yonkers. Adoptees born in the five boroughs therefore hold the same statutory right under the same law; they simply apply to the New York City Department of Health and Mental Hygiene rather than to the state Department of Health.
For the New York City channel, this page confirmed the request process directly: the Department of Health and Mental Hygiene's Office of Vital Records, at 125 Worth Street, CN-4, Room 119, New York, NY 10013, charges $15 per copy and covers New York City birth events from 1910 to the present. Eligible requesters include the adopted person, 18 or older, a direct-line descendant, such as a child, grandchild, or great-grandchild, if the adoptee has died, or a lawful representative. Requests can be placed through VitalChek, the Department's authorized ordering vendor, or by mail.
For the New York State channel, outside New York City, this page could not independently confirm the current fee or specific form number, since the state health department's own pages did not load during this research. Contact the New York State Department of Health, Vital Records, directly to confirm the current process if you were born in New York State outside the five boroughs.
Court Adoption Records Remain Sealed
Separately from the birth certificate, New York's adoption court records stay sealed under Domestic Relations Law 114: "adoption records shall be sealed and secret... the order shall be entered in books which shall be kept under seal... No person shall be allowed access to such sealed records... except upon an order of a judge or surrogate." Section 114 itself preserves two disclosure routes by name, providing that nothing in it requires the state health commissioner to secure a court order before disclosing information requested under Public Health Law 4138-c or 4138-d.
Public Health Law 4138-e is not named in section 114 at all. It overrides the seal on its own terms, opening at subdivision 2(a) with "Notwithstanding any other provision of law." The practical result for a reader is the same either way: the direct birth-certificate access described above coexists with a still-sealed court file.
New York's Adoption Information Registry
Unlike some states that let their older registry lapse once direct access opened, New York kept its Adoption Information Registry, under Public Health Law 4138-c, running alongside the newer direct-access law. The registry works on a mutual-consent, search basis: once a person registers, the department searches its records to determine whether the adoptee's adoption occurred within the state, and can help connect an adoptee and birth relative who have each separately registered. A match can result in contact, but registering does not guarantee one, and some searches end without a connection.
Non-Identifying Information
Non-identifying information requests are handled through the same Adoption Information Registry process under Public Health Law 4138-c. This page did not independently confirm current processing times for a non-identifying-information request; contact the registry directly for a current estimate.
Related New York Records
See also New York court records, New York death records, and New York marriage and divorce records.
Disclaimer
This article provides general information about New York's adoption records law. It is not legal advice. Confirm current forms, fees, and procedures with the New York State Department of Health, the New York City Department of Health and Mental Hygiene, or a licensed New York attorney before relying on anything here for a specific situation.
Last updated: 2026-08-11. Fees and forms reflect their published status as of August 2026.
Frequently Asked Questions
Can I get my original birth certificate if I was adopted in New York?
Yes, if you are 18 or older. Public Health Law 4138-e allows direct access, no court order required, since January 15, 2020.
I was born in one of the five boroughs. Do I use the state process?
No. You apply to the New York City Department of Health and Mental Hygiene rather than the New York State Department of Health. The legal right is identical: Public Health Law 4138-e defines the issuing commissioner to include the New York City commissioner of health and mental hygiene, so this is one statute with two application channels.
How much does it cost to get a New York City pre-adoption birth certificate?
The confirmed fee is $15 per copy, covering New York City birth events from 1910 to the present, ordered through VitalChek or by mail.
How much does it cost outside New York City?
This page could not independently confirm the current fee for the New York State process outside New York City. Contact the New York State Department of Health, Vital Records, directly.
Does New York still have an adoption reunion registry now that direct access is open?
Yes. New York kept its Adoption Information Registry, under Public Health Law 4138-c, running alongside the direct-access law rather than retiring it.
Are New York adoption court records public?
No. Domestic Relations Law 114 keeps them sealed and secret, open only on a judge's or surrogate's order. Section 114 names Public Health Law 4138-c and 4138-d as disclosure routes that need no court order, and Public Health Law 4138-e opens the original birth certificate separately, under its own notwithstanding clause.
Updates
Corrected the description of how New York opens the original birth certificate: Domestic Relations Law 114 cross-references only Public Health Law 4138-c and 4138-d, and Public Health Law 4138-e is one statewide statute administered through two application offices rather than two separate systems for New York City and the rest of the state.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Public Health Law
§ 4138-eAdoptee's right to a certified copy of his or her birth certificateIn force
Adoptee's right to a certified copy of his or her birth certificate. 1. The legislature hereby states its intention to acknowledge, support and encourage the life-long health and well-being needs of persons who have been and will be adopted in this state. The legislature further recognizes that the denial of access to accurate and complete medical and self-identifying data of any adopted person, known and wilfully withheld by others, may result in such person succumbing to preventable disease, premature death or otherwise unhealthy life, is a violation of that person's human rights and is contrary to the tenets of government. As such, the provisions of this section seek to establish considerations under the law for adopted persons equal to such considerations permitted by law to all non-adopted persons; this section does so while providing for the privacy of an adopted person and his or her birth. 2.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 4138-cAdoption information registryIn force
Adoption information registry. 1. There shall be established in the department an adoption information registry operated by employees of the department specifically designated by the commissioner. Access to all records and information in the registry shall be limited to such designated employees and such records and information shall be kept strictly confidential except as specifically authorized by law. The commissioner shall establish rules and procedures designed to keep such records and information separate and apart from other records of the department and kept in a manner where access to such records and information is strictly limited to such designated employees and shall promulgate regulations designed to effectuate the purposes of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- In re Alice, L.L.T. (New York Surrogate's Court 2012, 38 Misc. 3d 966)“…ying information which may be provided to petitioner (see Public Health Law § 4138-c [3] [e]). According to the adoption rec…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New York Domestic Relations Law
§ 114Order of adoptionIn force
Order of adoption. 1. If satisfied that the best interests of the adoptive child will be promoted thereby, the judge or surrogate shall make an order approving the adoption and directing that the adoptive child shall thenceforth be regarded and treated in all respects as the child of the adoptive parents or parent. In determining whether the best interests of the adoptive child will be promoted by the adoption, the judge or surrogate shall give due consideration to any assurance by a local commissioner of social services that he or she will provide necessary support and maintenance for the adoptive child pursuant to the social services law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 92 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Matter of Jacob (New York Court of Appeals 1995, 86 N.Y.2d 651)“…gs is, we all agree, the best interests of children (see, Domestic Relations Law § 114; Matter of Robert Paul P., 63 NY2d…”
- In re the Estate of Walker (New York Court of Appeals 1985, 64 N.Y.2d 354)“…do so would be contrary to the public policy of New York” (Domestic Relations Law § 114) of protecting “the identity and privac…”
- Golan v. Louise Wise Services (New York Court of Appeals 1987, 69 N.Y.2d 343)“…adopted person seeks to discover, for allegedly good cause (Domestic Relations Law § 114), confidential information concerning t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- New York Public Health Law 4138-e, Adoptee's right to a certified copy of his or her birth certificate(legislation.nysenate.gov).gov
- New York Domestic Relations Law 114, Order of adoption(legislation.nysenate.gov).gov
- New York Public Health Law 4138-c, Adoption information registry(legislation.nysenate.gov).gov
- New York State Senate Newsroom, Pre-Adoption Birth Certificate FAQ Sheet(nysenate.gov).gov
- VitalChek, New York City Department of Health and Mental Hygiene Birth Certificates(vitalchek.com)
- New York Public Health Law 4138-e, Adoptee's right to a certified copy of his or her birth certificate(nysenate.gov)
- New York Domestic Relations Law 114, Order of adoption(nysenate.gov)