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Need help with birth certificate amendment process in NYC


Our child was born in New York City, and the adoption was finalized in Massachusetts. 

We are trying to get the birth certificate through the NYC Department of Health and Mental Hygiene, Corrections Unit.  They returned our check, and said we had the wrong application. Without a new birth certificate, we cannot apply for SS#, passport, etc.

Has anyone in Massachusetts (Suffolk County) adopted out of NYC, and had success in getting their names added to the birth certificate?

Any help and/or ideas would be greatly appreciated.  The adoption agency and their attorney here in MA have not been helpful…  Thank you.

Replies

Very vague writing - other states specify that the adoption court order is sent to state Vital records and if not born in that state, Vital Records from the adoption state forwards info to the birth state requesting an amended birth certificate as per the adoption order.  It obviously takes more time.  Ask the court the adoption took place in if it is done that way by Vital Records and who your should call to follow up on whether New York has done there part.

(DO keep a copy of the Original Birth Certificate for your child, New York is a closed state and at this point there is no way for them to obtain it.)

“Section 6A: Certificates of adoption

Section 6A. The court shall forthwith, following the making of a decree of adoption, issue to the petitioner, or petitioners, a certificate of adoption setting forth all the facts relating to the adopting parent, or parents, as appearing in the statement required to be filed by section six, the name of, and all other facts relating to, the person adopted, as appearing in any copy of birth record or decree of adoption filed as required by said section, the name of the court making such decree and the date thereof, and, if such decree authorizes a change in the name of the person adopted, his name as so changed; provided, that if such person has been born out of wedlock, the name, or names, of, and all other facts relating to, his natural parent, or parents, shall be omitted from such certificate.
Certificates under this section shall be made on forms furnished by the commissioner of public health, and shall provide for the indicating thereon by the adopting parent, or parents, as to whether or not a correction of the record of the birth of the person adopted is desired; and, in case such desire is so indicated, the court shall forthwith send a certified copy of such certificate to the clerk of the city or town where such person was born.
If either of the parents who have adopted a child so request, the register of probate shall issue a special certificate of adoption upon which the original or prior name of the child and the names of its natural parents shall not appear.”
https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter210/Section6A

Posted by Toa on Mar 24, 2018 at 2:22pm

“Without a new birth certificate, we cannot apply for SS#, passport, etc.” That is not true and if you have not yet gotten the revised birth certificate do not do it!  You don’t need it to get a SS#, the child probably already has one and if they don’t you just need to provide their original bith certificate and your adoption decree.  Same with passport.  Don’t alter the name first middle or last and don’t alter that birth certificate..  Once you do that the child is stripped of all their legal rights and will no longer have a medically accurate birth record or be able to access his relatives birth marriage and death certificates if he wants.  he won’t be able to sponsor a foreign born sibling for citizenship as an adult or claim a disabled sibling on his tax return as a dependent.  He won’t be able to take berevement leave if one of his relatives passes away.  Worst of all he will be forced legally to pretend to be someone else’s child for the rest of his life just in order to get fed the first 18 years of his life.  Don’t alter his identity at all he will thank you for it.  You have your adoption order adoption decree to prove who you are and why you, and not his parents named on the certificate are acting on his behalf. He does not need a new birth certificate to identify him, he’s fine just as he is.  It’s you that needs the adoption decree to prove who you are in relation to him in order to make decisions for him.  If one day he needs to prove he is your adoptive child for inheritance purposes for instance he can present the adoption decree with his birth certificate.  Please be aware of his rights as an individual and don’t look at adoption as an oportunity to recycle or repurpose someone else’s child let him just be himself love him for who he is.  I’ll provide you links to social security and travel.gov that prove you don’t need a modified birth cert with your name on it.  Adoptive parents only do that to take ownership and it ruins the adopted person’s life.
https://www.ssa.gov/ssnumber/ss5doc.htm

Posted by girlengineer on May 05, 2019 at 4:03am

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