Ohio Rev. Code » Chapter 3705
Ohio Revised Code

Ohio Rev. Code § 3705.12 (2026)

Issuance of new or foreign birth record after adoption - access to original record, adoption file

✓ current as of May 2026
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Effective:
March 20, 2015
Latest Legislation:
Senate Bill 23 - 130th General Assembly
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Upon receipt of the items sent by a probate court pursuant to section 3107.19 of the Revised Code concerning the adoption of a child born in this state whose adoption was decreed on or after January 1, 1964, the department of health shall issue, unless otherwise requested by the adoptive parents, a new birth record using the child's adopted name and the names of and data concerning the adoptive parents. The new birth record shall have the same overall appearance as the record that would have been issued under section 3705.09 of the Revised Code if the adopted child had been born to the adoptive parents. Where handwriting is required to effect that appearance, the department shall supply the handwriting.

Upon the issuance of the new birth record, the original birth record shall cease to be a public record. The index references to the original birth record, including references that were not a public record under this section as it existed prior to the effective date of this amendment, are a public record under section 149.43 of the Revised Code. The department shall place the original birth record and the items sent by the probate court pursuant to section 3107.19 of the Revised Code in an adoption file and seal the file. The contents of the adoption file are not a public record and shall be available only in accordance with section 3705.126 of the Revised Code. For the purposes of sections 149.43 and 1347.08 of the Revised Code, the contents of the adoption file include any contact preference form, biological parent's name redaction request form, or social and medical history accepted and maintained by the department.

The department of health shall promptly forward a copy of the new birth record to the local registrar of vital statistics of the district in which the birth occurred. The local registrar shall file a copy of the new birth record along with and in the same manner as the other copies of birth records in the possession of the local registrar. All copies of the original birth record and all other papers, documents, and index references pertaining to the original birth record in the possession of the local registrar or the probate court shall be destroyed, except that the probate court shall retain permanently in the file of the adoption proceedings information that is necessary to enable the court to identify both the child's original birth record and the child's new birth record.
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1992–2024 · leading case: In re Application for Corr. of Birth Record of Adelaide, 2024 Ohio 5393 (Ohio 2024).
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In re Application for Corr. of Birth Record of Adelaide, 2024 Ohio 5393 (Ohio 2024). · cites it 5× “at ¶ 41; R.C. 3705.12 (new birth record issued for an adopted child); R.”
Henry v. Himes, 14 F. Supp. 3d 1036 (S.D. Ohio 2014). · cites it 2× “12(A) and (B), upon receipt of a decree of adoption of an Ohio-born child, issued with due process by the court of another state, "the department of health shall issue, unless otherwise requested by the adoptive parents, a new birth record using the child’s adopted name and the…”
In re Application for Corr. of Birth Record of Adelaide, 2022 Ohio 2053 (Ohio Ct. App. 2022). · cites it 2× “R.C. 3705.12 also allows the amendment of a birth record when an adoption has occurred allowing the child’s adopted name and the information concerning the adoptive parents to be issued in the new birth record.”
In re Application for Corr. of Birth Record of Adelaide, 2024 Ohio 5393 (Ohio 2024). · cites it 10× “at ¶ 41; R.C. 3705.12 (new birth record issued for an adopted child); R.”
Sefcik v. Mouyos, 869 N.E.2d 105 (Ohio Ct. App. 2007). “” R.C. 3705.12(A)(5). {¶ 17} Although Jonathan successfully sought to have his name changed in 1989, Jonathan argues that this change does not account for his most recent birth certificate.”
Grothouse v. Ohio Dep't of Health, 608 N.E.2d 1183 (Ohio Ct. App. 1992). · cites it 4× “The statutory channels of R.C. 3705.12 through which the birth records navigated did not provide for any communication between appellants and ODH.”
Ohio Rev. Code § 3705.12(A): 1 case
Henry v. Himes, 14 F. Supp. 3d 1036 (S.D. Ohio 2014). “12(A) and (B), upon receipt of a decree of adoption of an Ohio-born child, issued with due process by the court of another state, "the department of health shall issue, unless otherwise requested by the adoptive parents, a new birth record using the child’s adopted name and the…”
Ohio Rev. Code § 3705.12(A)(1): 1 case
Grothouse v. Ohio Dep't of Health, 608 N.E.2d 1183 (Ohio Ct. App. 1992). “The statutory channels of R.C. 3705.12 through which the birth records navigated did not provide for any communication between appellants and ODH.”
Ohio Rev. Code § 3705.12(A)(3): 1 case
Grothouse v. Ohio Dep't of Health, 608 N.E.2d 1183 (Ohio Ct. App. 1992). “The statutory channels of R.C. 3705.12 through which the birth records navigated did not provide for any communication between appellants and ODH.”
Ohio Rev. Code § 3705.12(A)(5): 1 case
Sefcik v. Mouyos, 869 N.E.2d 105 (Ohio Ct. App. 2007). “” R.C. 3705.12(A)(5). {¶ 17} Although Jonathan successfully sought to have his name changed in 1989, Jonathan argues that this change does not account for his most recent birth certificate.”
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