What changes are made to a birth certificate after an adoption?

UPDATED: Jul 22, 2023Fact Checked

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UPDATED: Jul 22, 2023

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UPDATED: Jul 22, 2023Fact Checked

When a child is adopted, the child’s birth certificate will be changed to reflect that information. The nature of the changes and how they are made may depend on the state in which the child and adoptive parents reside. In many cases, the original birth certificate may be kept and sealed after an adoption and a new birth certificate may be created.

How is a birth certificate changed after an adoption?

After a child is adopted, most states will perform a similar procedure as follows:

  • If the child is from a foreign country, the parents will file the adoption papers from that country in their local jurisdiction when they arrive home. The papers will be handled by the district court to complete a certificate of adoption.
  • The same will be true of a child adopted within the US. The adoption certificate will be created by the parents’ district court based on those papers, regardless of their point of origin.
  • After the adoption is finalized and the certificate of adoption is completed by the district court, it will be mailed by the court to the local State Department of Health to be processed by the Registrar.
  • The adoption certificate will be used by the Registrar to create a new birth record. This will list the new adopted information, i.e. the names and information of the adoptive parent(s) as the legal parents of the child. The child’s birth date and other details may or may not remain as listed, depending on the circumstances of the birth. Information about the biological parents will be removed from the official record, and the new information regarding the adoptive parents will officially replace the original birth records, if any. The original records will be sealed and filed in confidentiality, only to be released under specific court orders in rare situations.

To ensure that all steps are completed smoothly, an adoption lawyer should be consulted during the process.

Case Studies: Changes to Birth Certificates After Adoption

Case Study 1: The Sealed Birth Certificate

Sarah and David, a couple from California, eagerly welcomed a newborn baby girl named Emily into their family through adoption. Once the adoption was finalized, the state of California sealed Emily’s original birth certificate, safeguarding her biological parents’ identities. As a result, a new birth certificate was issued, which listed Sarah and David as Emily’s legal parents.

The sealed birth certificate was kept confidential and could only be accessed under specific circumstances, such as court orders or by Emily herself once she reached a certain age. This process ensured that Emily’s privacy and the security of her adoption were protected while legally recognizing Sarah and David as her parents.

Case Study 2: Amended Birth Certificate

John and Lisa, a couple from New York, embarked on the adoption journey of a six-year-old boy named Michael. As the adoption process progressed, it became necessary to amend Michael’s birth certificate to reflect his new legal status. The original birth certificate, which listed his biological parents, was replaced with an amended version that now displayed John and Lisa as Michael’s adoptive parents.

This change in the birth certificate provided legal documentation of the transfer of parental rights from his biological parents to John and Lisa. The amended birth certificate served as a crucial piece of evidence for Michael’s identity and his relationship with his adoptive parents.

Case Study 3: Dual Birth Certificates

James and Maria, a couple from Texas, embarked on an international adoption journey to bring a child into their loving home. Upon completing the adoption process, they found themselves in possession of two birth certificates for their adopted child. The original birth certificate, issued by the child’s home country, remained intact and was retained for historical and cultural reasons.

However, to ensure legal recognition in Texas and provide official documentation, a new birth certificate was issued in the state. This new birth certificate acknowledged James and Maria as the child’s legal parents and was essential for various purposes such as enrolling the child in school, obtaining healthcare, and asserting parental rights within the jurisdiction.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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