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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101939
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can an adoption be set aside and the original birth certificate

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Can an adoption be set aside and the original birth certificate corrected?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends on several factors. Can you please tell me:

1) What happened, exactly?
2) Are all parties in agreement or not?
2) When did the adoption occur?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

My daughter was born July 27, 1962. She was adopted when she was 7 or 8 years old. I am no longer married to her adoptive father. She wants her original birth certificate corrected. Her biological father lives In Arkansas. A wwII veteran. He may not be alive. I have had all courts searched for the Court Record on paternity and child support for 1962 and 1963 and nothing was found. Can the b/c be corrected?

Thank you.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.'

1) A birth certificate normally reflects either the biological parents, or, whoever was the presumed father without that presumption being challenged;

2) This birth certificate could and can only be modified upon a court's order that recognizes someone else as the father besides the name in the birth certificate;

3) Back in the 1950s and 1960s, the adoptive fathers sometimes were placed on birth certificates - this is no longer done. Nowadays, adoptive fathers simply receive a court order which then is valid ALONG with the birth certificate, i.e. the biological father's name on the certificate is OVERRIDDEN by the adoptive order. So if this was done now, this issue would never happen. But this was done back then;

4) However, it is not possible to modify a birth certificate of an adult. A birth certificate can only be modified while the child is under 18. At this point, it is too late. I am sorry. No legal method exists to adjust this.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 3 years ago.


My daughter has an ulterior motive in this. Her biological father was part Cherokee Indian and she feels she should be a part of that heritage. I am willing to spend any reasonable amount to get her b/c corrected. At the time I was under a lot of stress and put down a man's name as father when he wasn't. Do you need more information?

Wilda,

Ulterior motive or not, I am afraid my original answer stands as is. If she was born in 1962, that means the birth certificate is 50 years old. No Court is going to modify it. It has been too long. It could only have been modified while she was under 18.

I am willing to spend any reasonable amount to get her b/c corrected. At the time I was under a lot of stress and put down a man's name as father when he wasn't.

Then that man was the presumed father and once she turned 18, the matter stuck. It is no longer possible to change.

Do you need more information?

I am afraid that it is unlikely to change my answer.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 3 years ago.


Thank you very much. She seems to think it would be a simple matter to correct it. How difficult is it to get a Court Order? I could pay $200 a month for several months.

Thank you very much.

You are very welcome.

She seems to think it would be a simple matter to correct it.

No, this is wrong.

How difficult is it to get a Court Order? I could pay $200 a month for several months.

It is not a matter of difficulty. "Difficult" implies that it is possible. It is not possible to correct this original error since it has been 50 years. I am sorry. It is simply too late now...

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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