Adoption question...?

Question

We have a question about adoption. My partner found her birth father, she knew who he was, but it took her 23 years to find him and get in contact with him. She was adopted by her stepfather when she was a child. Here's the deal...she was adopted in Louisiana, she was born in California. Apparently the law in california says you have to announce it in a newspaper. Well her mom admitted that she put it in a newspaper that she knew he wouldn't read and she sent notification to an address she knew wasn't his. So, now that she's contacted her birth father, he seems really upset now and is saying that the adoption wasn't legal. Is he correct? She does want to change her name back to her birth fathers name, but she needs a birth certificate with his name on it. Will we be able to get that original certificate even if it was a closed adoption?

Answer 1

From my experience in Australia she can change her name back via deed poll AND access her original birth certificate but that birth certificate will be stamped with "NOT FOR OFFICIAL USE". She would be required to use her adoptive birth certificate (which will always be the legal documentation of her birth now, her original is null & void from the date the adoption went through).

We have freedom of information laws which have been passed to allow access to information such as original birth certificates etc. If you are in the US I believe only six states have open records so it may be a bit more difficult.

Good luck for your partner.

Answer 2

There are many reasons a person might want to change their name.

In most cases a person can change their name whenever they like and it is a fairly simple matter to do so.  

However, a person is not allowed to change their name to avoid legal actions, debts, and certain other obligations.  Nor can a person change their name to defraud another person or violate a trademark.

Answer 3

How old is the adoptee?

It would depend on the state as to whether original records are open - check here for US state details -

http://adopteerights.net/nulliusfilius/?...

It would also depend if her mother put her fathers name actually on the birth certificate.

In Australia - in the 60's when I was born - the social workers knew who my father was - as my mother had told them - and his name is in the social worker documents - but they didn't put the fathers name on the OBC unless they were married. (mine weren't)

If she wants to now take her bio father's name once more - she can just change her name through local government departments (if she's an adult) - or her bio father can adopt her again!!

I'm unsure of the exact way to do those things - as I'm in OZ - but I hope it helps a little.

If the adoption was actually illegal - and it's way in the past - you may not be able to do anything about it now - without a heap of money and time (through lawyers) - as not many people really care much about unsavory adoption practices - sadly.

Good luck.

Answer 4

what poss said.  also, in cali, you likely won't be able to get the original BC.

but, she can just go downtown and change her name.

Answer 5

If she is over 23 she can change her name to whatever she likes.