Do we need abosolute need the birth certificate to be amended prior to new adoption?

Question

We are adopting a kid that already went through a step parent adoption but his birth certificate wasn't amended in new york city because they need proof of paternity even though the court had verified it prior to issuing the final step parent adoption oder. Now we want to adopt this kid and wonder if we will have hard time amending his birth certificate and if we absolute need the birth cerficate to be amended to reflect the step parent adoption before we proceed for our adoption.

Answer 1

"...a kid"?  "...this kid"?

Sorry but I find myself wishing this adoption does not go through.

Answer 2

Yes b/c you have to have something showing that you are legally the child's parents.  I would hange on the original or at least file away a copy.

Answer 3

As long as you have a certified copy of the prior court order and it is part of your paperwork for the newest adopton, all should be okay.

To be certain, ask the clerk of the judge who will be hearing your case to make sure you have all the necessary paperwork.

Answer 4

This is something that should be discussed with an attorney.  Some states give the adoptive parents or the adopted person the option of NOT having an amended birth certificate made, as this is not a required document to prove that the person adopting has actually adopted and become the legal parent.  Having adopted the child is proof of this, and can be verified with the order of adoption.  

Some states also will accept an affidavit from the mother stating that the father's identity cannot readily be verified.

Because there are a variety of laws in a variety of states, it really makes sense to check with legal counsel to be certain of the laws in your state.  If it's in NYC, the law may differ from the state itself.