§ 3-802. Issuance of new, amended birth certificate

(a) Except as otherwise provided in subsection (d) of this section, upon receipt of a report of adoption prepared pursuant to subsection 3-801(a) of this title, a report of adoption prepared in accordance with the law of another state or country, a certified copy of a decree of adoption together with information necessary to identify the adoptee‘s original birth certificate and to issue a new certificate, or a report of an amended adoption prepared pursuant to subsection 3-801(b) of this title, the State Registrar shall either:

(1) for an adoptee born in this State, update the Statewide Registration System in accordance with the decree and furnish a certified copy of a new birth certificate to the adoptive parent and to an adoptee who is 14 years of age or older;

(2) for an adoptee born in another state, forward a certified copy of the report of adoption to the appropriate office of the state of birth;

(3) for an adoptee adopted in this State who was born outside the United States and was not a citizen of the United States at the time of birth, create and register in the Statewide Registration System a “certificate of live birth for a foreign born child” upon request and in the form specified in 18 V.S.A. § 5078a and furnish a certified copy of the certificate to the adoptive parent and to an adoptee who is 14 years of age or older;

(4) for an adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the adoptive parent of the procedure for obtaining a revised birth certificate through the U.S. Department of State; or

(5) in the case of an amended decree of adoption, either update the Statewide Registration System in accordance with the decree and follow the procedure in subdivision (a)(1) or (3) of this section or follow the procedure in subdivision (2) or (4) of this section.

(b) Unless otherwise specified by the court, a new birth certificate or certificate of live birth for a foreign born child issued pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant to subdivision (a)(5) of this section shall:

(1) be signed by the State Registrar;

(2) include the date, time, and place of birth of the adoptee;

(3) substitute the name of the adoptive parent for the name of the person listed as the adoptee’s parent on the original birth certificate;

(4) [Repealed.]

(5) contain any other information prescribed by the State Registrar.

(c) In the case of birth certificates registered prior to July 1, 2019 that are to be replaced or amended pursuant to subdivision (a)(1) or (5) of this section, the State Registrar shall notify the town clerk or clerks with custody of the certificate, who shall substitute the new or amended birth certificate for the original birth certificate. Except as otherwise provided in this title, the original certificate and all copies of the certificate in the files shall be sealed and shall not be subject to inspection or copying until 99 years after the adoptee’s date of birth.

(d) If the court, the adoptive parent, or an adoptee who is 14 years of age or older requests that a new or amended birth certificate not be issued, the State Registrar shall not issue a new or amended certificate for an adoptee pursuant to subsection (a) of this section. Nonetheless, for an adoptee born in another state, the State Registrar shall forward a certified copy of the report of adoption or of an amended decree of adoption to the appropriate office in the adoptee’s state of birth.

(e) Upon receipt of a report that an adoption has been set aside, the State Registrar shall:

(1) for a person born in this State for whom a new birth certificate was issued, update the Statewide Registration System to reflect the original birth certificate data and, in the case of an original birth certificate registered prior to July 1, 2019, notify the town clerk or clerks with custody of the certificate, who shall seal any new or amended birth certificate issued pursuant to subsection (a) of this section, restore the original, update indexes as directed by the State Registrar, and not allow inspection or copying of the sealed certificate except upon court order or as otherwise provided in this title;

(2) for a person born in another state, forward the report to the appropriate office in the state of birth;

(3) for an adoptee born outside the United States who was not a citizen of the United States at the time of birth for whom a certificate of live birth for a foreign born child was issued, update the Statewide Registration System to reflect that the adoption was set aside; or

(4) for a former adoptee born outside the United States who was a citizen of the United States at the time of birth, notify the person who is granted legal custody of a former adoptee after an adoption is set aside of the procedure for obtaining an original birth certificate through the U.S. Department of State.

(f) Upon request by a person who was listed as a parent on an adoptee’s original birth certificate and who furnishes appropriate proof of the person’s identity, the State Registrar shall give the person a noncertified copy of the original birth certificate. (Added 1995, No. 161 (Adj. Sess.), § 1; amended 2017, No. 46, § 29, eff. July 1, 2019; 2018, No. 11 (Sp. Sess.), § I.10, eff. July 1, 2019; 2021, No. 100 (Adj. Sess.), § 2, eff. July 1, 2023.)