What Is And Is Not

My nearly 6 year old (in my care since she was 6 months of age, came to us from foster care) emotionally shared the other day that she’s embarrassed being seen with my husband and I at school drop off/pick up because she’s aware it’s making her different from the other children who have their birth parents pick them up and how she wishes her Mum could come to pick up sometimes (her Mum passed away tragically two years ago so it’s literally impossible).

There is no real clear physical difference between us – so it’s really just that she knows we aren’t her birth parents and she grieves what could have been. I told her I understood why she feels sad about that, that it makes sense she’d love her Mum to come and that I’m really sorry I can’t make that happen. I also pointed out other children wouldn’t know (for the most part) that we aren’t her birth parents because we’ve been private about her story (however, she recently shared with her class that she had scattered her Mums ashes). There are other kids who could be in the same situation as her and she wouldn’t know.

She’s really dislikes having a different surname than us because “you’re my parents and you’re my family, so why can’t I have the same name?”, even though we’ve never made an issue of it and we tell her how much we love her name and that families don’t require the same last names as each other. She has been asking for the last few weeks, can she please change her surname to our surname at school/extra curricular activities. She’s started calling herself and her little sister (who is her biological sister but also has a different surname, not the same as hers) *their names* with our surname.

One of my big hesitancies is the future her, looking back on her work/awards and seeing a name she might not identify with anymore and being upset we allowed her to use a different name. We are foster parents who became guardians but we specifically didn’t pursue adoption because of what we learned about the feelings of adult adoptees.

One suggestion was to hyphenate her surname with the guardian’s surname, not legally but just on paper, so she can see you are listening to her feelings, without changing anything legally. The guardian liked the suggestion – that way she doesn’t have to feel like it has to be one way or the other, either this part of my family or that part of my family. The guardian said “I definitely have no intention of changing her name legally, that’s something she can navigate once she’s an adult. But just socially, maybe hyphenating could be the solution.

Another suggested – could you explain to her that the surname was one of her first gifts from her mother ? Explain to her that there are some kids whose moms have gotten remarried and her kids don’t share her new last name. And even though it isn’t the same situation as she is in because her mom is no longer here like the other kids, it is similar with the last name situation. The reply was – I did try telling her how kids have different last names to their Mum’s sometimes because of marriage and such but she was like “but you and Dad have the same last name so that’s not the same thing.”

One answers from experience – This is tricky. I was given the choice to keep my last name or change it, and I kept it. There were so many times in school when I wished I just had the same last name as my adoptive family. It would have erased so many questions I didn’t want to answer. I’m 42 now and I’m 100% glad I kept it. I didn’t even fully let it go when I got married. On the other hand, my biological sister was all too happy to shed that last name when she got married (at 8 years older than me, she was 18 when we went to our adoptive family. So I don’t think changing to her last name was ever brought up). Our last name came from the guy who abused us. All that to say, I don’t think there is a concrete right or wrong answer here. *I* would say keep her last name but see if the school will just call her by yours, sort of like a nick-name? My sister on the other hand would say let her change it. Hugs to you as you try to navigate this.

Another shares – I have two last names and I say them proudly. Would she be willing to make a final decision after a bit more contemplation? Have her practice saying and writing the new name combo – you can call her anything for now. She might find just being able to say her new name and know that maybe one day she will legally be both names. The guardian answers – I’ve responded to her saying “let’s keep chatting and thinking about it, so we make the best decision for you” and she seems okay with it thus far.

Another opinion was – I would honor her desire and let her change her name. I think you can do that and let her know if she ever changes her mind and wants to change it back, you’ll support her no questions asked. Or if it’s possible to change it with school and such without doing the full legal piece, maybe that could be a good compromise. I was under guardianship as well until adulthood, and I always struggled as a child with feeling like I didn’t truly belong and the uncertainty about where I’d spend the entirety of my childhood was deeply unsettling. I was under familial guardianship, so I was with family, but I just always felt like I was an add on, not a core part of the family. To this day, it’s something I still feel in my core when I’m with my family and I’m 37. I can understand why having a different name could exacerbate that feeling for her. Part of it is just inescapably that our childhood was different and more traumatic than those around us and even the best support systems simply cannot undo that. And that’s hard to understand as a kid and it leaves lasting changes to one’s brain. And for me at least, the uncertainty about whether I’d be able to finish out a school year, let alone all of K-12 in the home I was in, was always hanging over me. It just didn’t feel permanent (though it did turn out to be). There are SO few things that are in our control when we are kids, and the lack of control over any aspect of our lives can be overwhelming.

A school staff member noted that – our school has “legal” name and “preferred” name. “Preferred ” name can be changed at any time without any documentation, it shows up on attendance and display but all legal documents show their legal names. She even adds that – I did this as a child until I was legally able to make the decision to formally change my name.

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.

Back To School Tips

From an adoptive parent – just a brief reminder to people raising other people’s children and preparing for back-to-school. A lot of educators are well-meaning but not adoption-competent. Elementary school teachers will often do Mother’s and Father’s Day crafts, middle and high school teachers will tell kids it’s rude to refer to their parents by their first names.

The child’s classroom teacher or school counselor, depending on grade level, may benefit from a brief rundown on honest adoption language. Kids adopted at an older age, often don’t share their adoptive parents’ surnames. These young people may refer to their adoptive parents by first name or even a nickname. (Another one shared how she became “Banana” due to giving the fruit to her young charge.) Many do not keep their foster care or adoption status a secret from their peers. This mom found a heads up + “please don’t tell them they’re lucky” to be highly beneficial. For Americans, note that 504’s / IEP’a / BIP’s should be written from an adoption or foster care trauma-informed perspective.

A trauma-informed plan would take into account that your child may not react the same as other children to classroom management styles, classroom discipline, etc. (Of course not every child is 504 or IEP eligible, in that case you can just talk to the teacher.) Here are some examples: No isolation as discipline including closed lunch, being sent to the hallway etc, minimize interactions with teachers / staff who have triggering characteristics, no timed tests, big clock in view at all times during tests, preferential seating, excused from certain assignments or alternate assignments (lots of triggers in middle and high school ELA assignments), no taking contraband from student unless it poses an immediate safety risk, instead have parent come to take it. It all really depends on the child’s needs to begin with.

IEP refers to Individual Educational Program. Here’s one resource – LINK> Trauma-Informed Practices: Considerations for the IEP Meeting. Another adoptive parent added – In first grade, we asked for access to a calm/sensory space whenever needed, access to noise reducing headphones as needed, access to food/snacks as needed.

Yet another adoptive parent writes – I have written into their IEPs that, when confronted directly about something, they will lie. Connection and safety have to be established first, prior to discussing a situation with them. If a teacher skips this step, then I will advocate for my kid that an honest response cannot be expected. However, in response to this a former foster care youth noted – There just has to be a better way. If my teachers didn’t believe me I would have gone hungry some days. If they hadn’t believed me I wouldn’t have spoken about my sexual assault. If my teachers hadn’t believed me they would have failed me. If they hadn’t believed me the kids in my classes would know just by the nuances they threw that they weren’t listening or giving me the time of day.

Parental Death Then What

Sadly, it happens. Parents die and something must be arranged for the ongoing care and healthy development of a child. A lot of make suggestions in our wills or trust regarding our minor children but few think it out from the perspective that the adoption community can bring to the issue. Today’s stories and insights highlight the issues.

I am looking for resources about adoption following death of a parent or parents, NOT adoption due to a lack of support for birth parents. Attachment trauma is a given. Actively honoring the memory of the late parent(s) is a high priority, as is pursuing therapy for all parties. The children know their own stories, have access to their family health history, and retain their birth names. Beyond this, I would like to better understand adoption vs. legal guardianship in the context of parental death.

My sister died, leaving my niece behind. My parents already had guardianship before she passed, but also go full custody as well after. but they are currently pursuing adoption strictly for the legal assurances it gives us. They are in their 70’s and although in excellent health, you never know. If they adopt her, they can “leave her to me” for lack of a better term. With the current arraignment, I would have to totally start over from square one. But they aren’t trying to adopt her in the traditional sense. They don’t want to be called mom/dad, etc. it’s just for custody/legal purposes.

I was orphaned at age 7 when my mother died in a car accident. Legal Guardianship made college paperwork a nightmare, it made school field trips/enrollments and passports and traveling across borders immensely difficult. One time, I had a border patrol agent insinuate my grandfather was trafficking me despite our last names matching on our passports and his drivers license. My mother did not allow my stepfather to adopt me despite him coming into my life when I was 1. I am grateful she didn’t.

Adoptee who was adopted due to the death of a parent. Please do not steal their last name. My name being changed stole my connection to my deceased dad and I still resent it decades later. My last name was all I had of his and it was changed, even though my adoptive parents knew how I felt about it

Guardianship is will be heavily state dependent because states are so different with respect to family law. It could largely depend on the specifics of the court order. A guardianship order for a child who has no legal or living parents would have to ensure the guardians have the same rights and responsibilities as parents, including the ability to sign for a passport / take children out of country. One problem you could run into with guardianship would be – if you did have to immigrate to another country – the children would likely not be eligible on your visa. Only legally adopt if that’s the only option.

Best to not change the birth certificates, refer to yourself as “mom/dad” and do maintain relationships with extended family. Consider long term security in terms of custody (including if you were to die and future guardianship decisions), medical decision-making rights, access to IDs/passports, and so on. Legal guardianship can be tricky to navigate. An informed attorney is a must. As far as I know, there is not currently any state that allows the original birth certificate to remain intact with the finalization of an adoption. Hence the growing interest in guardianships. In some states, children under legal guardianship do not get all the benefits that foster and adoptive children do (example: free college tuition).

Here was a good example of how to talk to people at the child(ren)’s school – always introduce your title – grandma/grandpa, aunt/uncle, etc. Let them call you by your real name/ title (Aunt Carla, Grandma, etc.) rather than Mom. That will require some effort upfront on your part with teachers and so forth. Reach out to their teachers before the start of the school year and introduce yourself – Hi, John and I are Jane’s Aunt and Uncle. I know most kids live with parents but Jane‘s parents are deceased. It’s a tough subject for her – of course – and I know you would want a head’s up so that you can use inclusive language for the students’ families. I think it is important to take the lead with all those kinds of introductions, so the burden to explain does not fall on the child(ren).