Amending birth certificates

Why do they change the date of birth? How much of a time period can the y change? Also, will the ammended birth certificate state where they were really born? Or can the adopting parents put a different state as their birth state? Thanks to anyone who has any answers to these questions!:)

So in essence, now the BC is amended based on antiquated laws that are in effect perpetrating a kind of legal fraud by showing the child was actually birthed by the adoptive parents. This is absolutely crazy to me. I'm wondering if I have to do this to my soon to be adopted daughter.

Yes, all states do this - it's part of the process of adopting - you'll finalize, then submit the paperwork to amend the certificate (or your attorney will).Lisa, as far as your questions go - it would depend on any number of factors - some professionals are more well known for making changes (major ones) to the information, while others made none, beyond changing the parents information.

CaddoRose, You are correct it is legal fraud, the term is actually legal fiction... Once the court 'seals' the orginal birth certificate your child will never be able to access their original birth certificate...not even when they are a senior citizen and all possibility of the birth parents being alive is gone. Dpen recently created the following thread about the article (also posted) written by a former judge from NJ on how wrong it is. [URL="http://forums.adoption.com/media-adoptees/359040-due-process.html"]http://forums.adoption.com/media-adoptees/359040-due-process.html[/URL] I have no knowledge of what the adoptive parents can do to change it but I do know that adoptive parents hold the key to change the system. It took a court order for me to receive my original birth certificate and trust me that very few judges will allow it to happen. Adoptees are not well served by the current process, any other individual can access their original birth certificate upon request. Adoptees are denied that for LIFE. If adoptive parents cannot change the system they should at least consider keeping a copy for their child. Kind regards,Dickons

Dickons: we are adopting from foster care and have a semi-open adoption agreement. 4 visits a year with Mom and regular pics and updates to both Mom and Dad. I would like to see if in the future we can have visits with Dad. Both parents voluntarily terminated and both have some MR, so nothing bad happened to DD, they just can't take care of her. It's actually very sad to me. I will make sure I have a copy of the original BC and all other legal papers we can have so our daughter will always have that info. No one knows what will happen in the future, but so far, Mom hasn't shown for the visits and it's possible we could lose touch with her and Dad(they are not together). I'm astounded by all of this as I never really thought about this aspect of it before and I don't like it at all. I can understand needing to protect children adopted from foster care from bad situations and bad parents, but there should be an option for those of us who don't want to hide anything.

Unfortunately until someone comes up with a new type of certificate that satisfies all or they start requiring different documents for things we need a b/c for, I don't see a change happening for this process.What I personally would like to see is everyone (bio or adopted) receive a Live Birth certificate that simply lists the state, time, and date of birth on it. That document would then be used to satisfy all legal requirements. When I think about it, does the driver's license office REALLY need to know your parent's names when you have to prove you are old enough for a license? Then they would issue another certificate that is for family records or just personal use that has the parents names on it. If bio, just list the names. If adopted, list "Biological/Birth Parent - xx names" and then underneath that list "Adoptive Parents - xx names" with the date, state & judge of adoption finalization. While I don't like the amended b/c having my name on it and my age at the time of their birth, where I lived when they were born (which is not the same city they were born in...how confusing is that!?), I do appreciate having something I can use for legal purposes without invading my kids' privacy. No adoptee should have to have the big adopted stamp on their forehead to get a driver's license or whatever. Lots of issues regarding the changes and yet in so many discussions I've participated in, I've not ever seen a uniformed agreement amongst anyone. So really...how does one get things changed? kwim?On the separate issue of open records available to adoptees, that one simply needs to just change. It's ridiculous that an adoptee cannot obtain their own information just like anyone else can.

CaddoRose, There are negatives in adoption, it's a fact and there are many positives in adoption, that's a fact. But in today's world of open adoptions etc it seems incredibly silly to seal records... Crick, You are right, there is no agreement on what should be or shouldn't be on birth certificates but at least they could allow adults who were adopted to access their own records... I also agree that there should be and there are states that offer it, simply a live birth certificate that simply lists 'relevant to others' info. I do stand by my statement that change can come if adoptive parents stand up and say - this is wrong on behalf of their child. Kind regards,Dickons

Thank you for your response Brandy. This is crazy! I agree that it is wrong. I believe that once someone is grown, they should be able to have access to thier records. And I also believe that changes to birthdates and birth states should not be allowed. Wow, I have learned so much poking around on these forums. I thought all records were available to all when adoptee turned 18. Shows how little I knew!

My birthcertificate is sort of a "mixed- breed" of the truth and fiction.My parent's names are my adoptive parent's names, obviously. Which also includes their dates' of birth, etc.But my BIRTH CITY is the same. It says Dallas,which is funny because my father was born in Brooklyn, my mother was born in Palermo (Sicily)and they lived together in Brooklyn.Out of the blue, so it would seem to an outsider, they went to Dallas to have a baby. My birth date and time are also accurate. The only thing changed is the parent's names. I know my birthparents personally, I've been in reunion.But recently I had to send in proof of my biology- in an attempt to connect with another sibling of mine who was adopted. Proving you are your birthparents biological child with an amended birth certificate is NOT easy. I had to find my old hospital records, as well as the TPR papers and other court documents to connect all the pieces. There was not ONE piece of paper where my birthmothers name and my adoptive name were on the same piece of paper. I did successfully prove it- but it was in a strange, roundabout way. Open records would have saved me weeks of planning.

Proving citizenship for SOME Texas adoptees has also proven to be a nightmare. I've been fighting for 4 years to get a Passport - so far, no go. Texas can't explain why my birth certificate is being rejected by the Federal Government and the Feds don't feel they owe me any explanation at this point.My most recent communication indicated that I needed a DNA test to prove parentage from my parents...but my parents and I don't share DNA - and those I do share DNA with aren't legally related to me, so they have no baring on my status. Catch 22.At this point, I can only hope and pray they don’t declare me an illegal immigrant – even though I was born in the State of Texas. I’m not sure where they’d send me…?

Wow, Brandy and Amanda. Just Wow!!! What a crazy situation. Now I'm thinking about what kind of document I can get from our lawyer that at least shows the actual birth parents names and our names as well. Something maybe? This is all so insane to me since I tend toward thinking very logically and none of the changing of BCs seems to be logical. I think my teeth are starting to itch over this and my brain is going on overload! I never really thought about all the legal documents that went with an adoption, but now I do. I understand how this whole changing thing got started, but I'm not getting why this archaic practice is still continuing, other than it is still law and until enough people lobby to change the law, it will just keep going on and on. What is the benefit of having a BC with all this false information? Aren't there other documents that show the child is adopted by us and the name changed?

I am now in the beginning stages of being licensed to adopt from foster care. I know when the time comes, I will want my child's birth certificate amended simply because I don't want to have to keep explaining my relationship to him/her. Having to pull out adoption papers everytime I show his/her birth certificate (school registration, travel, getting first driver's license, etc.) just to prove I'm the mother is not appealing to me. I also understand why many adoptees would be upset not being able to access their original birth information, but what about the rights of the birth parents who gave the child up thinking that they would remain anonymous? Since I have become interested in adoption, I have had many discussions with a co-worker who gave up a baby for adoption 40 years ago. On many occasions, she has stated to me that she hopes her daughter has had a happy life, but she in no way ever wishes to be contacted by her. She has even stated that if at the time she had thought the records could ever be unsealed, she would have chosen abortion over adoption. How many other birth parents might feel the same way? I hate to think of even one baby being put to death rather than adopted out because the birth parents feared someday being revealed.

Longingtobemom, You have talked to 1 birth mother...not much to base your facts on when you stop and think about the 6 Million or more adoptees currently living in the USA and how many of those adoptees are now grandparents. Having access to our information does not necessarily mean a stampede on birth mothers. It means we have the same exact access to our personal information that is granted to non-adoptees. Why should someone in the 70's or 80's still not have access? What all birth parents should be willing to do is to provide a medical health history to their children upon request. When was the last time you went to the doctor and filled out the medical history form? Could you? If you were adopted then the answer is no and even if you have something from your adoption papers it is out of date and probably irrelevant. Mine which I only obtained after a court order said "Mother in excellent health, Father in good health". Not diabetes runs in the family, early breast cancer, heart disease, kidney issues, demetia, parkinsons, mental health issues, SIDS, and the list goes on. Kind regards,Dickons

Ah yes…the old and time honored, “protect the birth parent’s privacy” argument. IMO the rights of the very, very small percentage of people like the one you describe, should not trump the right of the adoptee, who had NO choice in the decision to be placed, to obtain his/her legal original documents. Women who chose to place their children for adoption are not feeble-minded and weak. If they don’t choose to have contact with the adult children they placed then they can refuse contact. It’s that simple. To deny thousands of adult’s access to their full identity based on that argument is a smoke screen. I won’t get into your statements on abortion, because I’m tired of barking up that particular tree. Caddo, thanks for posting this thread. I’ve been thinking about this for quite some time. I understand that under current law birth certificates are needed for many things…from joining little league and starting kindergarten to obtaining a driver’s license and a passport. The intertwining of our laws is so complicated when it comes to this issue. Having said that, I don’t believe those reasons are good enough ones for the government to continue to perpetuate the legal fraud of false documents - there has to be a solution that will serve everyone! Dickons, as always, excellent post.

I think there are two different issues....should adoptees be able to have their OBCs....absolutely. Dh and I laugh that adoptees are treated like serial killers in this regard. My DH finally got his OBC....it was a very emotional day for him. His birth mom has kept he and his adoption "a secret" from the rest of her family to this day, 43 years later. My DH has no intentions of violating her request for privacy. He's not out to "stalk" her (in the least). But he also says that he would not want to have to present an "adoption certificate" to the little league coach, the boy scout troop leader, etc. He is a very private person. Unfortunately there's no sort of standard "identification card" that lists ages, parents, etc., that is used by everybody. So I don't know what the real answer is until birth certificates stop being used as sort of the "primary identification" mechanism.