Tag: Adoption Decree

Opt Out

Understanding that it is not always easy or uncomplicated, still from a reform point of view – this is the best thing you can do. At least, do your best to attempt to opt out of revising a child’s birth certificate (and you may get some serious push back from the powers that be).

Regarding the amending of birth certificates as part of adoption – many states have laws that say the birth certificate will be changed if requested by the adopter – California is one example. Of course, I would prefer that you don’t adopt a child at all. As an adoptive parent, you should not destroy another human beings legal kinship through you falsification of their birth certificate. In many states, it is a choice, not a mandate. If you are hell bent on adopting, despite the fact that guardianship is the more respectful way to provide care to another person’s child, the least you can do is specifically request the original birth certificate is not altered. Inform the judge that you will identify yourself and your authority over the child by showing a copy of your adoption decree and that the child will identify themselves with a copy of their unaltered birth certificate.

Please OPT OUT of birth certificate revision – if your state allows the option. If your state does not allow it – submit a request to the judge to opt out anyway, since you obviously have all the control as the adoptive parent anyway. Also OPT OUT of adoption and into guardianship. The only ethical choice is really guardianship. Adoption without birth certificate revision is just on way for you to cause less damage.

Here is one resource for you to check your state – LINK (click in title box at top) > State Codes Birth Certificate Revision.

Issues Change With The Times

Original birth certificates and name changes have been an issue for adult adoptees. Many adoptees still can not acquire their original birth certificates. My parents were adopted in the 1930s. In adulthood, both learned the names they were born as but nothing about their original families. I do have my mom’s original birth certificate which was very helpful as all she knew about her birth parents’ names was Mr and Mrs JC Moore (which reveals very little). I never could get my dad’s original birth certificate because California is one of those states that won’t release it without a court order. I did learn his birth mother’s name thanks to a handwritten note on a letter concerning the changed birth certificate in the state of Texas that his adoptive mother wrote down. Turns out she was unwed.

We still have new members come into my all things adoption group with questions pre-adoption about how to handle the birth certificate for pre-school children and name changes. In today’s modern society, most are over thinking what a more open and progressive society have made a moot point. While conservatives and evangelicals may not like these changes to marriage and family units, the changed nature of society is a positive development for adoptees.

Divorce, remarriage, blended families, single mothers and same sex partnerships, to name just a few of the complicating factors, have resulted in what once might have been a legal issue with schools and medical records, no longer matter regarding the child’s name. What does still matter is identity and true family origins. Keeping the original birth certificate intact still matters. Not sealing adoption records matters. Today, an adoption decree is all the legal documentation an adoptive parent needs to establish their responsibility to the child. A birth certificate and the child’s name no longer need to be changed. Some adoption agencies and social workers, perhaps even some legal authorities may still try to make changes a requirement but in reality, there is no longer a basis to do that.

There is one issue that did come up that could matter. That is where violence or some kind of public notoriety could follow a child throughout their life. One adoptive mother with just such an issue shared that she was able to get mentions of these events, where the child is also mentioned, removed from public access. She asked the kid’s attorney, the judge, assistant district attorney and the district attorney to send letters to the news outlets that covered the original story. They did that and it worked for this family. So, with some help, even news coverage can be buried. That said, as the child matures, they are still to be fully informed in an age appropriate way about these circumstances and if necessary, with the help of a trauma informed therapist. Never hide the truth from the child who it concerns.

One other adoptive parent of an older child mentioned that their child legally changed their name for reasons of their own. In their experience, the name change did not cause any problem with passport and Real ID, and even the change of gender did not cause a problem either. All that was needed was the proper documentation about these changes and they simply followed the rules related to those changes.