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hocuspocusme, USA Legal
Category: Family Law
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How do I get a birth record unsealed in the state of California

Customer Question

How do I get a birth record unsealed in the state of California? It is for my son and he is 41 years old and unable to get a passport (it expired) or duplicate social security card.
Submitted: 7 years ago.
Category: Family Law
Expert:  hocuspocusme replied 7 years ago.
Is he adopted?
Customer: replied 7 years ago.
No. He is my natural child.
Customer: replied 7 years ago.
When he was born, his father was not around. I was 19 and in a home for unwed mothers. He was born in Cedars-Sinai Hospital (then it was called cedars of lebanon. I never married his father and he passed away last year. I married a man named John Henry Knight when my son turned 10 months. He told me to call and change the father's name because he didn't want my son's father's name on the birth certificate and even though he isn't my son's father, I did it. We then divorced within 9 months. It's been a mess ever since.
Customer: replied 7 years ago.
p.s. I never signed anything. Just made a phone call.
Expert:  hocuspocusme replied 7 years ago.
Sorry I lost internet connection, bear with me. I need to know why vital statistics said that the record is sealed? This is not normal procedure.
Customer: replied 7 years ago.
My son tried he said they didn't give a reason.
Expert:  hocuspocusme replied 7 years ago.
You will have to file a "Petition to Have Birth Records Unsealed". Normally you lists why the records are sealed and why you want them unsealed. For this particular motion you will list the reason as "unknown" but will have to show proof that your son went to vital statistics and was denied access to the records.

After the judge orders the records to be unsealed then you will take the order to vital statistics and the records will be released.

You can make this motion yourself.

Let me find a sample motion for you. Give me a few minutes.
hocuspocusme and 7 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Waiting for the sample motion, but THANK YOU so much. Is it possible for me to go in and ask for the certificate myself or does he have to do it?
Customer: replied 7 years ago.
Am I logged out?
Expert:  hocuspocusme replied 7 years ago.
That would be the simplest way, but I thought you already said he tried to obtain the certificate and was denied. I do not see why the certificate is sealed in the first place. If you have to file a petition it will look as such: Petitioner                    (Name the District court number) His name                      County of >>>>>>>>>>> v. Defendant Vital Statistics Office (Name the County) "Petition to Unseal Birth Records" I Petitioner moves the court to unseal the birth record of (name) who was born on >>>>>>>>>> to the parents of >>>>>>>>>>>>>>>>>> born on >>>>>>>>>>>>>>>>> in the city and state of >>>>>>>>>>>>>>>>>. Petitioner is domiciled in the city and state of >>>>>>>>>>>>>>. II Petitioner attempted to obtain a birth record from the Office of Vital Statistics in >>>>>>>>> County, CA on >>>>>>>>>> and was refused by >>>>>>>>>>>> on (date). No reason was given. See attachment 1 for proof of application of birth record. III Petitioner is in need of birth record for purposes of obtaining a US passport and duplicate Social Security card. He is unable to obtain such documents without a certified birth certificate. IV.   Petitioner prays that the honorable judge finds in his favor and grants an order in his favor on this >>>>>>>> date of 2009.   ORDER It is hereby granted on this >>>>>>>>>>> day of >>>>>>>> that >>>>>>>>> is granted the above petition. Signed by honorable judge>>>>>>>>>>>> Tell your son to make a formal statement to attach with the petition stating that all of the statements in the petition are true and tot he best of his knowledge and sign it in front of an officer of the court. This is an affidavit. File it with the exhibit 1 and file with petition.    

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