Virginia: Access to OBCs and Non-ID
VIRGINIA
DENIES UNRESTRICTED ACCESS TO OBC (Court order required)
Who May Access Information
Citation: Ann. Code §§ 63.2-1246; 63.2-1247
Non-identifying information may be disclosed to:
• The adopted person who is age 18 or older
• The licensed or authorized child-placing agencies providing services to the child
• The adoptive parents
Identifying information may be released to:
• The adopted person who is age 21 or older
• The birth parents
• An adult birth sibling
Access to Original Birth Certificate
Citation: Ann. Code § 32.1-261
Upon receipt of notice of a decision or order granting an adult adopted person access to identifying information regarding his or her birth parents from the Commissioner of Social Services or a circuit court, and proof of identification and payment, the State Registrar shall mail an adult adopted person a copy of the original certificate of birth.
Access to Non-identifying Information
Citation: Ann. Code § 63.2-1246
Non-identifying information shall not be open to inspection or be copied by anyone other than those listed above, except upon the order of a circuit court upon good cause shown.
Mutual Access to Identifying Information
Citation: Ann. Code § 63.2-1247
For adoptions finalized on or after July 1, 1994, the following requests for disclosure of identifying information are permitted in the
following circumstances:
• The adopted person who is age 21 or older may apply for information about the birth family.
• The birth parents and adult birth siblings may apply for information about the adopted person.
• When the adopted person is under age 18, the adoptive parents or other legal custodian of the child may apply for information about the birth family.
The Commissioner of Social Services shall designate the person or agency that prepared the home study to attempt to locate
and advise the person whose information is sought of the application. The designated person or agency shall report the results of
the attempt to locate and advise the adopted person to the commissioner, including the effects that disclosure of the identifying
information may have on the adopted person, the adoptive parents, and the birth family. The adopted person and the birth family
may submit to the commissioner, and the commissioner shall consider, written comments stating the effect that the disclosure of
identifying information may have upon any party. Upon a showing of good cause, the commissioner shall disclose the identifying
information. When consent of the person being sought is not obtainable due to death or mental incapacity, the circuit court may
release identifying information to the person making the request. In making this decision, the circuit court shall consider the needs
and concerns of all persons involved.
In parental placement adoptions, where the consent to the adoption was executed on or after July 1, 1994, the entire adoption
record shall be open to the adoptive parents, the adopted person who is age 18 or older, and the birth parent who executed a written consent.
Where the Information Can Be Located
Virginia Department of Social Services, Adoption Unit