I know that the correct answer is “Ask your attorney”, and we will, but I’m curious about your answers as well.
My daughter was married, had a child with her husband, and divorced. She is now married to a different guy. The new husband has adopted the child from the previous relationship. This adoption was completed yesterday. The child at issue is just over two years old.
The child was born in Colorado. My daughter’s divorce was heard in Kansas. The adoption also took place in Kansas because that is where her ex-husband still lives. My daughter, new son-in-law, and grandson all live in Texas. The new son-in-law has never lived in Kansas or Colorado (not that it matters).
My question: How does my daughter get a revised birth certificate showing the new father?
Interesting background: This daughter was the subject of the same sort of adoption. I married her mom and adopted her a few years later. However, all events and hearings took place in Texas. The State of Texas issued a new birth certificate with my name listed as the father. All records regarding the previous father have been sealed. In my grandson’s case, how can a Kansas court order the State of Colorado to do anything? How does Kansas require Colorado to issue a new birth certificate? Does the new birth certificate come from Kansas? If so, then my grandson has two valid birth certificates. Can’t this be a problem later in life? Can Kansas require that Colorado seal its original birth records in this case?
I know how this works in Texas since I have done it. How does it work when multiple states are involved? This cannot be an unusual situation. Surely there is a process for this.
Before I called an attorney, I’d call the office in the county in Colorado where he was born, that deals with issuing copies of birth certificates, and ask about getting a revised one with the new information-- heck, you may even be able to Google up the answer. Start with the department of health and human services, or whatever issues birth certificates for the county where your grandson was born.
It may be as simple as sending them copies (probably notarized) of the adoption paperwork, and a copy of his original birth certificate, along with a letter explaining what you want. You may need to send something to show they are in Texas, like a copy of their lease, to demonstrate why they can’t do this in person, and copies of driver’s licenses, or something-- I’m guessing based on paperwork that’s been necessary for me to get documents from out of state, albeit, not this particular document.
You may find that Colorado has a process in place for doing this, and may even have a form to download.
“Full faith and credit” - If Colorado would issue a revised birth certificate following an adoption effected in Colorado, then they have to do the same following an adoption effected in any other state of the Union. It shouldn’t be a drama; just a question of filing the right paperwork.
(The thing is, though, I don’t know whether Colorada does issue altered birth certificates after adoption. Is this a universal practice in the US?)
Biological parent is not always the same thing as legal parents. Your birth certificate is a legal document that states your date of birth and your legal parents names. It does not say that you came out of X’s vagina nine months after Y had sex with X.
Colorado does this, as does Utah. Both of my sons are adopted. One was born in Utah and the other was born in Colorado. You will need to file paperwork with the correct agency. We hired an atterny to do the job. We got to go before a Judge for the final leg of that jouney. The revised birth certificates were just minor paperwork as I recall.