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Amended Birth Certificate
A term used to refer to the new birth certificate that is issued for an adopted child after an adoption becomes final, which shows the new name of the adopted child and the adoptive parents as the parents of the child, as though they are its biological parents. This new birth certificate is placed in the public records in place of the child's original birth certificate. The original birth certificate is then stored in a separate secure location that is not accessible to the public, and may be viewed only by court order.
Question: I am an adoptee in Michigan. My amended birth certificate gives my adoptive parents names of course? but I am curious about one thing- would the birth county and city be the actual place I was born, or would that have been amended for some reason? There is no hospital listed either- is this the norm on an amended certificate?
Answer: Yes your adoptive parents could of changed the city and state.
With no hospital listed that's probably what they did.
They could also change the date of birth.
When we adopted our youngest we were told that we could change everything.
Name - date of birth - place of birth - and time
Question: How can i physically tell the difference between an original birth certificate and an amended one? I think i may be adopted, but my parents said that isn't true because they showed me my birth certificate. however i read up on amended birth certificates and i need to know if there are any differences on an amended birth certificate vs. an original. is there anything different on it that i can spot so i know if i am really adopted? does it look different, is the format different, any additional information that may be added?
Answer: I was adopted and my original certified birth certificate mentions nothing to that fact.
We adopted my daughter, her original certified birth certificate mentions nothing to that fact.
So, the answer is, no. Typically not.
A birth certificate is a legal document that simply states you were born. It doesn't necessarily give information about genetically based relationships. Only legal ones.
Question: what are the benefits of an amended birth certificate? often on this board, we discuss the "cons" of amended birth certificates; yet i'd really like to know what many view as benefits of this practice. it continues to happen, despite attempts at reform, so i'd assume there's benefit. right?
Answer: This is one of the most misunderstood areas of adoption today
When the laws were enacted to issue amended birth certificates for adopted children and seal the original (mostly in the 1930s) it was an attempt to protect the child from the stigma of illegitimacy. ILLEGITIMATE was rubber-stamped across birth certificates and caused some very real social problems for those possessing them
This is 2010. There is NO benefit to falsifying adoptees' birth certificates in the present day. Indeed, I believe that the USA is the only Country to do so - it's just shocking
Question: Is it possible to have the incorrect state of birth listed on a amended birth certificate? If so,does anyone have a good website where I can read more about this? Or do you personally know of a situation where this has happened?
I've read a couple cases where the dates,times and counties were documented incorrectly. I know that this was common practice in the BSE time frame. Does this continue to be practiced now? (Wrong times,dates and counties/states)
I'm asking because I think I may be one of those cases in the 70's. (Newborn adoption)
Answer: no
Question: How does one get a birth certificate amended for a child born in Germany to military parents? Paternity was not established until in the U.S. ALL legal forms given at time of birth have "N/A" for fathers name. I want to get the fathers name on birth certificate and other legal forms.
Answer: You need to consult with a lawyer.
Question: How do I get a birth certificate amended for a child born in Florida? Not on original certificate, mother had live-in boyfriend sign the original document, but he was not the father. Not yet had paternity done, but child has all of my family's characteristics. Both sides have noted that fact and said that we need to save paternity money and use it for child's well-being. Amended document required for new hire insurance, child has been covered on previous employers insurance plan...Thanks
Answer: 382.016 Amendment of records.--The department, upon receipt of the fee prescribed in s. 382.0255; documentary evidence, as specified by rule, of any misstatement, error, or omission occurring in any birth, death, or fetal death record; and an affidavit setting forth the changes to be made, shall amend or replace the original certificate as necessary.
(1) CERTIFICATE OF LIVE BIRTH AMENDMENT.--
(a) Until a child's first birthday, the child's given name or surname may be amended upon receipt of the fees prescribed in s. 382.0255 and an affidavit signed by each parent named on the original birth certificate or by the registrant's guardian. If both parents are named on the certificate but both are not willing or available to sign the affidavit, the registrant's name may only be amended by court order.
(b) Upon written request and receipt of an affidavit, a notarized voluntary acknowledgment of paternity signed by the mother and father acknowledging the paternity of a registrant born out of wedlock, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), together with sufficient information to identify the original certificate of live birth, the department shall prepare a new birth certificate, which shall bear the same file number as the original birth certificate. The names and identifying information of the parents shall be entered as of the date of the registrant's birth. The surname of the registrant may be changed from that shown on the original birth certificate at the request of the mother and father of the registrant, or the registrant if of legal age. If the mother and father marry each other at any time after the registrant's birth, the department shall, upon the request of the mother and father or registrant if of legal age and proof of the marriage, amend the certificate with regard to the parents' marital status as though the parents were married at the time of birth. The department shall substitute the new certificate of birth for the original certificate on file. All copies of the original certificate of live birth in the custody of a local registrar or other state custodian of vital records shall be forwarded to the State Registrar. Thereafter, when a certified copy of the certificate of birth or portion thereof is issued, it shall be a copy of the new certificate of birth or portion thereof, except when a court order requires issuance of a certified copy of the original certificate of birth. Except for a birth certificate on which a father is listed pursuant to an affidavit, a notarized voluntary acknowledgment of paternity signed by the mother and father acknowledging the paternity of a registrant born out of wedlock, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), the department shall place the original certificate of birth and all papers pertaining thereto under seal, not to be broken except by order of a court of competent jurisdiction or as otherwise provided by law.
(c) If a father's name is listed on the birth certificate, the birth certificate may only be amended to remove the father's name or to add a different father's name upon court order. If a change in the registrant's surname is also desired, such change must be included in the court order or the name must be changed pursuant to s. 68.07.
(d) For a child born in this state whose paternity is established in another state, the department shall amend the child's birth certificate to include the name of the father upon receipt of:
1. A certified copy of an acknowledgment of paternity, final judgment, or judicial or administrative order from another state that determines the child's paternity; or
2. A noncertified copy of an acknowledgment of paternity, final judgment, or judicial or administrative order from another state that determines the child's paternity when provided with an affidavit or written declaration from the Department of Revenue that states the document was provided by or obtained from another state's Title IV-D program.
The department may not amend a child's birth certificate to include the name of the child's father if paternity was established by adoption and the father 1would not be eligible to adopt under the laws of this state.
(e) The Department of Revenue shall develop written educational materials for use and distribution by the Department of Children and Family Services, Department of Corrections, Department of Education, Department of Health, and Department of Juvenile Justice that describe how paternity is established and the benefits of establishing paternity. The Department of Children and Family Services, Department of Corrections, Department of Education, Department of Health, and Department of Juvenile Justice shall make the materials available to individuals to whom services are provided and are encouraged to provide additional education on how paternity is established and the benefits of establishing paternity.
(2) CERTIFICATE OF DEATH AMENDMENTS.--Except for a misspelling or an omission on a death certificate with regard to the name of the surviving spouse, the department may not change the name of a surviving spouse on the certificate except by order of a court of competent jurisdiction.
History.--ss. 1, 2, 3, ch. 24114, 1947; s. 120, ch. 77-147; s. 14, ch. 87-387; s. 99, ch. 97-237; s. 19, ch. 99-397; s. 11, ch. 2001-53; s. 3, ch. 2004-34; s. 9, ch. 2004-334; ss. 17, 18, 19, ch. 2005-39; ss. 6, 7, ch. 2005-82.
1Note.--As enacted by s. 18, ch. 2005-39. The s. 7, ch. 2005-82, version used "is not eligible" instead of "would not be eligible."
Note.--Former s. 382.49.
Question: an amended birth certificate? i am in the county of orange, in california. i had my name legally changed and then sent in the form for an amended birth certificate. is there a way to track the status on this?
Answer: Obama did that in Hawaii, check with him.
Question: How could a birth certificate be amended without the person's consent? When I was 12 I was adopted by a stepparent but no amendment of my birth certificate was ordered. A year ago an online search showed my birth certificate was still in my birth name. Now suddenly my name is coming up in the online birth index with the adoptive name instead of the birth name without any notice to me or consent by me. What law would allow this?
Answer: Hi Solitude,
Even though you were not involved in a traditional infant adoption, you are still a victim of the closed adoption record laws. Decisions are made for minor children and they have no say in what their name will become if their parents or the state decide to arrange an adoption on their behalf.
I understand your frustration. No adoptee consents to having their name changed yet it happens extensively. I have known many adoptees of stepparents, who discover for the first time when as adults, they attempt to obtain a record of their own birth and they are legally unable to do so. Even when they already know the factual information contained on it. All they are legally entitled to is an amended birth certificate stating that their name has been changed, their stepparent gave birth to them, and their natural parent is rewritten out of history. This is NOT just the law until you turn 18. This law is PERMANENT for anyone involved in an adoption for their entire adult lives, short of a court order by a judge.
You ask what law would allow this? This is adoption law in the U.S. today. Every state but 6 currently permit this to continue. Amended birth certificate laws were originally implemented after WWII to address the stigma that society placed on single parenthood at that time. Society has since evolved, yet the practice of altering & sealing birth certificates continues. It is archaic, it is wrong, & it is unfair to adult citizens.
If you would like to help restore rights to adoptees, please join us in a demonstration for adoptee rights at the National Conference of State Legislature’s Annual Meeting in New Orleans, LA, on Tuesday July 22th, 2008. See link below for further details.
Thanks for asking, & I wish you good luck.
julie j
reunited adoptee
Question: I have a nevada birth certificate trying to get the original not amended? A lady told me that you can match your birth certificate with the public records dept that theres a number on each. I was born in Nevada and adopted in Sacramento county in california. the birth certificate was issued an amended copy on sacramento county. Do I have to go to nevada to match up the records or can I go to public records for Sacramento County?
Answer: There isnt going to be any number to match up
Question: My adopted boyfriend has been getting the run around, about getting his AMENDED birth certificate.? My boyfriend was adopted from a foreign country when he was a baby. He grew up going back and forth between his adopted parents in north carolina and his birth parents in his home country. His adoption was never a secret to him and he knows about both families/cultures/etc.
This is our problem: He was going to a private school and dropped out when he turned of age. They would not give him any of his documents, just an old I.D. This was 3 years ago and the I.D. has since been broken and is no longer useable.
I ordered his amended birth certificate from vitalcheck.com. First, they sent me a letter saying that his birth never happened. However, upon further inspection the website had searched the WRONG NAME. I was furious as I has already spend $65 (a ridiculous amount, mine is only $15). My mother called for us (as were both busy with school/work) she talked to a lady and she said that they do not do foreign birth certificates and that were going to have to call homeland security. The lady sent us a certificate of foreign birth, but that cannot be used as proof of citizenship.
What do I do now? He cannot even get a license because he has no proof of citizenship. He can also not get his social security card or an I.D.
I came here to ask if I really do have to go through homeland security. His adoption was finalized and he has an amended birth certificate with two american citizens as parents on it.
I believe that they thought that we were trying to get his REAL birth certificate or that we were trying to gain information on his adoption. They acted really shaddy. North Carolina Department of Vital Records even hung up on him!
They are giving us the run around. Who do I need to call and what do I need to say to get this done? and is this discrimination? It sure does feel like it to us.
I asked this here in hopes that an adopteee who experienced this could help us out. Thanks for your time.
His adoptive mother does not want to help us with the financial aspect of ordering his birth certificate. She had sent him copies, but they're no good because they must have the seal on them to be used as official documents. He has a social security number and has had a passport before so I believe that he is a naturalized citizen.
Answer: Yes adoptees are discriminated against when trying to access their own documentation
Perhaps his parents didn't file the paperwork properly at the time of the adoption and that needs to be taken care of now
In one well-known case, John Gaul was adopted by a Florida family at the age of four. Though born in Thailand, he speaks no Thai, has no Thai relatives, knows nothing of Thai culture and had never been back to Thailand until the federal government deported him last year as a criminal alien at the age of 25. The Gauls had obtained an American birth certificate for John shortly after adopting him, and didn't realize until he applied for a passport at age 17 that he had never been naturalized. They immediately filed the papers, but due to INS delays his application wasn't processed before he turned 18. An immigration judge ruled that the agency had taken too long to process the application, but that the 1996 law allowed him no discretion to halt the deportation.
“In another recent instance, Joao Herbert, a 22-year-old Ohioan adopted as a young boy from Brazil, was ordered deported because he had sold 7.5 ounces of marijuana while in his teens. It was his first criminal offense, for which he was sentenced only to probation and community treatment. But because he had never been naturalized, he was considered an aggravated felon subject to deportation. He has been in detention for a year-and-a-half because the Brazilians consider his adoption irrevocable and refuse to accept him. Were they to do so, it is unclear how he would manage. H knows no one in his native country and no longer understands his native tongue.
Question: How to obtain a copy of an original birth certificate? I was adopted, and after all adoptions are finalized, the state issues a new birth certificate with the adoptive parents names on it instead of the birth parents. I think they call this an amended birth certificate? Anyway, I know that the state holds on to a copy of the old one, and I'm wondering if there is a way for me to get that.
Answer: You want the city and county of where the old certificate is. So Google that plus something like Vital Statistics or Recorder's Office or Birth Records.
Every state and county has a different name but all allow you to pay a small fee and send for one through the mail.
Question: What is the best way to satisfy Real ID requirements without a valid birth certificate? I have several friends who are black market adoptees. They were born in the US and given to another set of parents without any paperwork or the paperwork (Amended Birth Certificate, Order of Adoption) is fraudulent. They are now adults, and although they have SSNs and photo IDs, it is becoming increasingly difficult for them to get passports, renew their DLs or apply for a DL in a different state. Simply put, they can't prove who they are and when and where they were born.
Answer: They need to consult attorneys who specialize in family law.
Question: Do you support natural families access to the adoptees amended birth certificates? There is also little talk in the online communities about wether or not the parents who surrendered their child to adoption should have access to their( the adoptees ) records, i'm curious what the community here believes. Do you feel that natural parents who have lost a child to adoption should be able to access the adoptees sealed, and amended birth certificates regardless of the age of the adoptee?
Answer: I absolutely and unequivocally support the right of the natural mother to the full and equal access to the amended birth certificate. It is unconscionable that a woman be held to an agreement made under extreme stress and without the benefit of unbiased legal representation. Women who were forced to surrender their infants should have the same access to identifying information enjoyed by the people who benefited from those losses and have often had much of the identifying information on hand to control at their whim. Equal justice under the law pertains to the arena of adoption as well as other areas.
Most women who surrendered their infants during the EMS/BSE walked away with nothing, not a slip of paper, a copy of the agreement or a picture, nothing, to testify to the events that scarred their psyches forever. Even murderers, rapists and pedophiles get a fair hearing and parole reviews. Women who surrender are forever consigned to a living death. It is inhumane and a violation of human and civil rights.
Sandra L. Young
Senior Mother
SMAAC
ETA: I am sorry that credit issues are a problem. I don't really think tho that bad credit should trump human and civil rights. Sure it is a hassle, but that is what you agree to when you take on another's child. I cannot agree that credit issues are that common and there are other ways to handle those problems. Sorry if you don't agree. Some people have ex spouses that are less than ideal. Life happens. People change. Obviously I am not speaking of actual physical danger.
Question: How do you amend a birth certificate in the Philippines? A child born in the Philippines was adopted by a U.S. family and needs their last name changed. How do you go about amending birth certificates in the Philippines?
Answer: The name of the child at birth is their name and will appear on the birth certificate. To amend Civil Registrar documents or to change a family name in the Philippines you need to get a Judicial Review, ie go to court with evidence of why the name should be changed. The exception is under RA9048 where small clerical errors or first name only, can be corrected, but evidence of other documents is required to show the error.
Since it is likely that the family in the US is also of Filipino origin, it seems that they might be trying to change the name so the child appears to be a natural child of the adopted parents. Of course this is illegal in both countries.
Should this not be the case, I do happen to know a very honest Attorney in the Philippines. I can give you his email on request. Of course he would need more details but I am sure he could help and it would not cost much. I am European and have worked with him before and he will not charge you just for giving a bit of email advice.
You could also try the Civil Registrar where the child was born, to ask advice, but in my experience they are not too dependable with things that are not run of the mill. All documents that are with the local Civil Registrar are sent to the NSO in Manila to be scanned into the NSO database. They are printed out on Security Paper, SECPA. All NSO documents in the Phils need to be Red Ribbon authenticated by the DFA OCA in Manila or an overseas embassy, before they are accepted as genuine overseas. I have said this in case someone suggests to go the fake route. Not wise. All the above can be done by a reliable agency or attorney.
You will get lots of advice, but not a lot of good advice.
Let me know if I can help further or you need the email.
Question: applying for amended birth certificate andSSN ? I was born in nyc but my birth certificate has errors on both mines and my moms last name. My moms going to New york in july to get our things fixed she'll be there for five days.We live in Toronto, Canada. Will i get a new ssn when i get my birth certificate fixed or will i just get a new card with the right spelling? And what about the passport when i get the birth certificate will i still have to put the same number in the application even though on the card it has the wrong spelling or will they update my ssn so when i put my number on the passport application everything matches?
Answer: Once you get your birth certificate corrected, you will get a new birth certificate. You will have to use that birth certificate to apply for a social security card. Nothing is done automatically. Your passport will show whatever name is on your driver license or government-issued ID card, which is usually the same as what's on your birth certificate.
Question: need amended birth certificate for child born outside u.s. on military base with wrong date on it? wrong birthdate listed and not noticed until ss # didn't match
Answer: contact the base hospital in which the child was born. You may need witnesses, fyi
Question: Amended NYC birth certificate? Why is it when they amend a NYC birth certificate,they cross over the wrong info? looks messy..i am trying to get them to remove the wrong middle name from mothers maiden name on my son's birth cert cos its wrong and I dont want to go through court to replace it with the right one and they said all they could do is cross over it to amend it. It wont change my sons info only mine to remove the middle name completely from birth mothers maiden name. But the line over it will look so messy!
Answer: They do that on purpose, that way there is an official record of prior names that people can refer to if necessary. For example, a criminal wouldn't be able to change his name and cover up his past because the old name would still show. Who cares if it looks messy? It's a legal document, not a framed display for your wall.
Question: How do you get a seal birth certificate, Unsealed? My wife and I were working on a family tree for our kids. We know who here Mom and Dad are. But when her mom and Dad split, Mom got Married and the new dad adopted and had the birth certificate amended and seal, She can get a copy of the 2nd birth certificate but can not get a copy of the first. We understand why it was seal, but why can't she get the first copy. It is her birth certificate. Thanks and any help will be appreciated.
Answer: Check with the County Courthouse or the Hospital where the 2nd certificate was sealed. See if they can give you any information. You will probably have to end up talking to Legal Aid or a Judge to see if there's any legal way to get this done without it costing an arm and a leg.
Or since you know who her Dad is, perhaps check with some of his side of the family. A close relative (sister) or someone might just have a copy in some papers lying around somewhere, or perhaps an old baby book or family Bible.
Question: Can I add my mother's maiden name to my name by amending my birth certificate? On my birth certificate my name is Boy Of Vasquez, and so my name was later amended to Ryan, and it seems to be pretty official. I was wondering if I could use the same process to add my mother's maiden name into my name.
Answer: No.
While they are allowed to amend a birth certificate to add a name (instead of calling you BOY) you can not use it as a means of changing your name.
You will have to go to the county court house where you live and apply for a name change. Then once that is done, you use that document to get the name changed on all the other documents.
Question: Getting the amended birth certificate? I adopted my step daughter a year and a half ago and we have never gotten her amended BC. It's mostly because the idea of getting it makes me feel like a hypocrit. However we need it for her SSI. Social security is demnding we get a copy of her LEGAL BC and like it or not, her legal BC is the amended one.
So how do I go about getting it? I never even bothered to ask when she was adopted.
(oh and I DO have two copies of her original BC; one for her and one for her first mom)
Answer: Too funny because hubby and i were looking into it too. We did get a letter when the adoption became legal, but kind of put it off, half because we don't believe in ammended BC's and half because we procastinate on stuff. Now we have to get it for ID purposes for the schools.
For us we have to take the adoption decree, and there is a form from Vital Statistics to fill out, and a fee to pay. It woudl depend where you are, so contact your local Vital Stats folks and they will walk you through it.
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