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Family Forum / Parenting / Adoption / July 2007amending birth certs
OK, the reasons for this question are complicated, but I am an adult adoptee. I am seeking dual citizenship and the adoption is causing a problem with this. It won't block it, but it does make it quite a bit more complicated because I am seeking citizenship through my birth family. The consulate actually advised me to circumvent the issue by having the name changed on the original birth certificate. They suggested that my birth mother could ask for an amendment. I was born in California, I went through the court process and got copies of the original sealed birth certificate. The state says that the amendment process could be used to fill in blanks, and sure enough the name is left blank on the original birth cert. So it seems it may be an option, if my birth mother attempts this. Aside from all the other issues surrounding name change [which to be honest, I am nearly certain I won't even attempt it] I believe the california webpage detailing birth cert amendments does NOT apply to original sealed birth certs. But since several of the consulate people are suggesting this, I wanted to know if it were even possible. I don't think it is, but I thought I would ask on a forum where some of you might know... Can an original sealed California birth cert be amended? Even by the biological mother? thanks, dave On Jul 14, 10:46 am, rtdav...@yahoo.com wrote: > OK, the reasons for this question are complicated, but I am an adult > adoptee. I am seeking dual citizenship and the adoption is causing a [quoted text clipped - 24 lines] > thanks, > dave I asked this same question to the State of California myself. I don't recall the name of the agency, but I was told, no, I cannot change the sealed certificate. In my case, I was seeing if I could become a member of my Birthfather's Indian tribe. I'm currently his only son and he really wanted me to become enrolled as a member. When I got the OBC, of course, his name wasn't on it. B-mom left his name off of it. We have had the DNA test and he definitely is my b-dad, though. Since there isn't any father's name on the birth certificate, we just fill out an easy form, have both parents sign and VOILA! he's on there. EXCEPT as an adoptee, I can't do that. I was told that the sealed record CANNOT be changed. I haven't actually tried it, but It seems that this would be a good test case to see if the State could be forced to add my b-dad's name to the sealed record. They do it for non- adoptees, so why not for me? And I also have the Federal Indian Child Welfare Act that is supposed to help keep Indian children from being removed from their culture as well as help to re-unite families broken up by adoption. If I was wealthy, I might try the fight to get his name on my OBC. > I asked this same question to the State of California myself. I don't > recall the name of the agency, but I was told, no, I cannot change the > sealed certificate. As the adoptees, i would expect we couldn't do it, but I wonder if the birth mother would have the option? she may have to go through a court order to do this, I'm not sure. I guess I'm going to have to call the state..... never any fun.... and ask if this is even legally possible to do. thanks for the input. >> I asked this same question to the State of California myself. I don't >> recall the name of the agency, but I was told, no, I cannot change the [quoted text clipped - 3 lines] > birth mother would have the option? > she may have to go through a court order to do this, I'm not sure. I don't know about a change of obs, but I know in Ohio fro what I gather, if a father is added to the bc or a child is legitimized, it has to go through Children's Services, a DNA test, and a court order. Marley > I guess I'm going to have to call the state..... never any fun.... and > ask if this is even legally possible to do. > thanks for the input. On Jul 17, 10:13 am, "Marley Greiner" <maddogmar...@worldnet.att.net> wrote: > <rtdav...@yahoo.com> wrote in message > [quoted text clipped - 19 lines] > > - Show quoted text - Having talked to 2 separate people in Sacramento, the consensus is that there is no procedure for legally amending the original. I suppose it may be possible to make a legal case, and set a precedent, but for now, basically, it looks like amending original birth certs is not an option. by the way Marley, I believe that the procedure is more or less the same for amending non-sealed birth certs here in Cali. The state details what kind of things can be added amended, but there is a procedure for adjudication of parentage. > On Jul 17, 10:13 am, "Marley Greiner" <maddogmar...@worldnet.att.net> > wrote: [quoted text clipped - 29 lines] > but for now, basically, it looks like amending original birth certs is > not an option. I agree with you but it could be interesting to make precedent. But don't you know you are an immaciulate conception? > by the way Marley, I believe that the procedure is more or less the > same for amending non-sealed birth certs here in Cali. The state > details what kind of things can be added amended, but there is a > procedure for adjudication of parentage. I know there's been a move from the feds for several years now for women to put the father on the bc. Without it, it's very difficult to collect aid. I knew this guy when I lived in Eugene who had 2 kids with the same woman. They had a very rocky relationship (I have no idea why they had anything to do with each other--it was very bad), but were always together,. He spent a lot of time with the older kid (the other was born around the time I left), spent a lot of money on them, and handed over more cash for what I thought were unreasonable demands. She refused to put him on the bcs of their kids because it would "embarrass" her parents. Of course, her parents knew he was the father, so what's the deal? I find it disturbing that she'd prefer to have her kids listed as a "bastards" than reveal his name. Or maybe she was embarrassed that she was sleeping with him? Marley On Jul 19, 10:50 pm, "Marley Greiner" <maddogmar...@worldnet.att.net> wrote: > <rtdav...@yahoo.com> wrote in message > [quoted text clipped - 58 lines] > > - Show quoted text - It appears that if you were NOT adopted and you can get BOTH parents to sign a Declaration of Paternity, then the birthfather can be ADDED to the birth certificate, as long as no other father is listed. Unfortunately, since your OBC is sealed, it isn't an option. I was told that the sealed certificate can't be amended by someone in the office of Amended Records (916)557-6075. |
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