North Dakota Adoption Records: Original Birth Certificates & Birth Family Search

North Dakota is a restricted-access state for the original birth certificate itself. North Dakota Century Code 23-02.1-18 keeps the original birth record sealed after an adoption is finalized, and North Dakota Health and Human Services states directly that "the only way to open that record again is by a court order." There is no direct registrar-request pathway around that requirement.

Separately, North Dakota runs a consent-based search and disclosure process that can connect an adult adoptee with birth family, including identifying information, without unsealing the certificate itself. This article covers these paths, since they solve different problems and use different forms.

Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.

Can an Adult Adoptee Get Their Original Birth Certificate in North Dakota?

Not directly from the registrar. N.D.C.C. 23-02.1-18 states that "the original birth record and the evidence of adoption, paternity, or legitimation is not subject to inspection except upon order of a court of competent jurisdiction or as provided by rules and regulations." ND HHS Vital Records confirms this in plain language on its own site: the record is sealed after adoption processing, and a court order is the only way to reopen it.

That makes North Dakota a restricted state for the certificate itself, with no age tier or date-based cohort written into the statute the way some compromise states use. The court petition goes through the district court system rather than through Vital Records directly. ND HHS Vital Records did not publish a specific dollar figure for this process on the page reviewed for this article, so do not assume a fee amount before confirming directly with the court or with Vital Records.

North Dakota's Search and Disclosure Process (Separate from the OBC)

What North Dakota does offer without a court order is a consent-based search and disclosure route under N.D.C.C. 14-15-16. This is a different mechanism from unsealing the certificate: it can result in identifying information and contact between an adoptee and birth family, but it does not itself produce the original birth certificate document.

The statute allows "an adopted individual who is eighteen years of age or older" to "request the department to initiate the disclosure of information identifying the adopted individual's genetic parents." The age threshold is not the same for everyone, though. A genetic parent (subsection 10) or an adult genetic sibling (subsection 11) may file only "after that individual has reached twenty-one years of age," meaning after the adopted person turns 21, not 18. Subsection 12 also lets the adult child of a deceased adopted individual file, while subsection 13 bars the adult child of an adoptee who is still living.

Once a request comes in, the department has five working days to notify a child-placing agency that has access to the records, and that agency then has 90 days to make complete and reasonable efforts to locate and notify the other party. What happens next depends on the response.

• No response. Under subsection 17, a person who takes no action is treated as having refused, though that does not preclude disclosure after their death.
• One parent located and consenting. Under subsection 18, if only one genetic parent is located and consents while the other cannot be found, the identifying information must be disclosed, limited to the consenting parent.
• Both located, one objecting. Under subsection 19, if both genetic parents are located and only one authorizes disclosure, the agency may not release anything without a court order. The agency applies to the court, and the court "shall issue" an order authorizing disclosure of the consenting party's information, with conditions sufficient to protect the identity of the objecting parent.

A line from this statute is often quoted out of context: "if one parent objects, the identifying information disclosed by the agency may only relate to the consenting parent." That sentence sits in subsection 7(b), which by its own terms applies only "before the child reaches adulthood" to discretionary agency exchanges involving a minor. It is not the rule that governs the adult process described above.

This process is filed on the Search/Disclosure Request form, SFN 00940, with the ND HHS Children and Family Services / Adoption Program. The form's own text confirms it is open to adult adoptees, birth parents, and biological siblings, and that it triggers an agency-run search and notification process rather than an automatic release. A specific filing fee could not be confirmed for this article; ND HHS can be reached at (701) 328-2310 for current details, or through the mailing address below.

• Form: SFN 00940 (Search/Disclosure Request)
• Office: ND HHS, Children and Family Services, 600 E Boulevard Ave, Dept 301, Bismarck, ND 58505-0200
• Phone: (701) 328-2310

Court Record Confidentiality

Section 14-15-16 also functions as North Dakota's general confidentiality statute for adoption proceedings: "All papers; records; and identifying and nonidentifying information relating to an adopted individual...are confidential and may be disclosed only in accordance with this section."

North Dakota does have a separate court route, written into the same section. Subsection 24 lets "an adopted individual, a genetic parent, a genetic sibling, or a guardian of any of those individuals" petition the district court for an order directing the disclosure of identifying information. It carries its own pleading standard: the petitioner must state that "efforts to secure the requested disclosure have been made under this section or are forbidden under this section," that the petitioner "has a significant need for the disclosure, and the nature of that need." The department and any child-placing agency that received a request are named as respondents, and they must furnish their records to the court for in camera review.

The decisional standard is narrower than a general good-cause test. The court "may order disclosure only if the petitioner demonstrates that disclosure will not result in any substantial harm to the individual about whom identifying information is sought," and it "may not order the disclosure of identifying information concerning any individual who objects to that disclosure." So the petition is a genuine avenue when a birth relative cannot be located or the agency process stalls, but it will not override a living person's stated objection. Subsection 23 cross-references this route, allowing disclosure of an adoptive parent's or adopted individual's identity "upon order of the court entered in a proceeding brought under subsection 24."

Non-Identifying Information

North Dakota does have a lower-barrier, nonidentifying-only track, and it is written directly into the same statute. Subsection 5 of 14-15-16 provides that "nonidentifying information, if known, concerning undisclosed genetic parents must be furnished at a reasonable fee to" the adoptive parents at the time of adoptive placement or upon their written request, "an adopted adult upon written request," or "a birth parent upon written request."

That is a direct written request. It does not run through the search, notification, and consent process used for identifying information, and no other party is notified or given a veto. The statute says the information "must be furnished" where it is known, subject to a reasonable fee. What you actually receive depends on what the agency or the department recorded at the time of the adoption, which varies considerably between older and more recent cases.

There is a separate step for gaps in the file. Subsections 8, 10, and 12 let an adopted individual, a genetic parent, or the adult child of a deceased adopted individual ask the department to initiate disclosure of nonidentifying information that is not already on file with the department or a child-placing agency. That request does run through the agency search process, because it means going back to the birth family for information nobody wrote down.

For the broader playbook on searching for birth family, including what to expect from DNA testing and how to think about a search that does not end in contact, see How to Find Birth Parents.

For the general framework behind the four record types every adoptee search touches, see How to Get Your Original Birth Certificate and Adoption Reunion Registries. North Dakota's broader sealed-court-record rules are covered in North Dakota Court Records; for a name change following marriage or divorce, see North Dakota Marriage & Divorce Records; to locate a deceased birth parent, see North Dakota Death Records.

Disclaimer

This article provides general legal information about adoption records access in North Dakota as verified on 2026-08-11. It does not constitute legal advice and does not create an attorney-client relationship. Readers who want to petition a court for release of an original birth certificate, or who need advice about a specific adoption record, should consult a lawyer licensed in North Dakota.

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 in North Dakota without going to court?

No. N.D.C.C. 23-02.1-18 keeps the original birth record sealed after adoption, and ND HHS Vital Records states directly that a court order is the only way to reopen it. There is no direct administrative request.

What is North Dakota's SFN 00940 form for?

It is the Search/Disclosure Request form used under N.D.C.C. 14-15-16 to ask ND HHS to locate and contact a birth parent, adult adoptee, or biological sibling. It can lead to identifying information being shared when the located party consents, but it does not itself unseal the original birth certificate.

Who can file a search and disclosure request in North Dakota?

It depends on who is asking. An adopted individual may file at 18 or older. A genetic parent or an adult genetic sibling may file only after the adopted individual has reached 21. The adult child of a deceased adopted individual may also file, but the adult child of an adoptee who is still living may not.

What happens if a birth parent does not want to be contacted in North Dakota?

It depends on what the agency finds. If a located person takes no action at all, the statute treats that silence as a refusal. If only one genetic parent is located and consents while the other cannot be found, the consenting parent's identifying information must be released. If both parents are located and only one consents, the agency cannot release anything without a court order, which it applies for and which the court must issue with conditions protecting the objecting parent's identity. Separately, subsection 24 lets an adoptee, genetic parent, or genetic sibling petition the district court directly, but the court may not order disclosure about a person who objects.

Can I get nonidentifying information without going through the whole search process?

Yes. Subsection 5 of N.D.C.C. 14-15-16 says nonidentifying information about undisclosed genetic parents, if known, must be furnished at a reasonable fee to an adopted adult upon written request, to a birth parent upon written request, or to the adoptive parents. That is a direct written request with no notification of the other party and no consent requirement.

How much does it cost to unseal an original birth certificate in North Dakota?

A specific fee for the court-order unsealing route was not published on the ND HHS Vital Records page reviewed for this article. Contact ND Vital Records or the district court directly for current cost information.