Overview
Original Birth Certificates. Kansas is an Unrestricted State. Kansas-born adult adopted people have always had an unrestricted right to obtain their own original birth certificates upon request. The Kansas Department of Public health requires a notarized letter to request the record, and the cost is $20.00.
Court Records. Court records are sealed and unavailable except to the parties in interest and their attorneys or upon release by court order. A party in interest does not include birthparents and generally does not include the adopted person.
Identifying Information. Kansas law does not directly address the release of identifying information other than through release of the adopted person’s own original birth certificate. Birthparents and adult adopted people, however, may seek information and contact through the Kansas Department for Children and Families, which acts as an intermediary in such cases.
Descendant Rights. Descendants of a Kansas-born adopted person do not have a specific right to request the adopted person’s original birth record. A court order is required, though if the adoptee is deceased it is likely granted.
Adult Adoption. Kansas law provides for the adoption of adults. Consent of the person being adopted is required, and notice to the adoptee’s current parents may be required. If notice is not given to the prior parents, a copy of the adoption decree must be sent to the former parents.
Kansas Law: Vital Records and Birth Certificates
Relevant parts of Kansas vital records law. The entire Kansas vital records statute is available here, under Chapter 65, Article 24.
65-2411. Children of unknown parentage; report to state registrar
(a) Whoever assumes the custody of a child of unknown parentage shall immediately report to the state registrar in writing: (1) The date and place of finding or assumption of custody; (2) sex, color or race and approximate age of child; (3) name and address of the person or institution with whom the child has been placed for care; and (4) name given to the child by the finder or custodian.
(b) The place where the child of unknown parentage was found or custody assumed shall be known as the place of birth and the date of birth shall be determined by approximation.
(c) The report shall constitute the certificate of birth.
(d) If the child is identified and a regular certificate of birth is found or obtained, the report shall be sealed and filed and may be opened only by court order.
65-2423. Adoption cases; birth certificate requirements
(a) In cases of adoption the state registrar upon receipt of a certified decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, and the report of adoption form shall prepare a supplementary certificate or abstract in the new name of the adopted person and seal and file the original certificate of birth with such certified copy or abstract attached thereto. Such sealed documents may be opened by the state registrar only upon the demand of the adopted person if of legal age or by an order of court. Upon receipt of a certified copy of a court order of annulment of adoption the state registrar shall restore the original certificate to its original place in the files.
(b) For any child born in a foreign country but adopted in Kansas or born and adopted in a foreign country and such adoption is filed and entered pursuant to K.S.A. 59-2144, and amendments thereto, the state registrar, upon request, shall complete and register a birth certificate upon receipt of a certified copy of the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, the report of adoption form and proof of the date and place of the child’s birth. The certificate shall show the new name of the child as specified in the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, and such further information concerning the adopting parents as may be necessary to complete the birth certificate. The certificate shall show the true country of birth and the date of birth of the child. The certificate shall state the following: “This certificate is issued pursuant to subsection (b) of K.S.A. 65-2423, and amendments thereto.”
Kansas Law: Adoption and Court Records
Relevant portions of Kansas adoption law related to court records. The entire Kansas adoption statute is available here, under Chapter 59, Article 21.
59-2119. Report of adoption
The district court shall report the adoption to the state registrar of vital statistics.
59-2122. Files and records of adoption
(a) The files and records of the court in adoption proceedings shall not be open to inspection or copy by persons other than the parties in interest and their attorneys, representatives of the Kansas department for children and families, and the commission on judicial performance in the discharge of the commission’s duties pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto, except upon an order of the court expressly permitting the same. As used in this section, “parties in interest” shall not include genetic parents once a decree of adoption is entered.
(b) The Kansas department for children and families may contact the adoptive parents of the minor child or the adopted adult at the request of the genetic parents in the event of a health or medical need. The Kansas department for children and families may contact the adopted adult at the request of the genetic parents for any reason. Identifying information shall not be shared with the genetic parents without the permission of the adoptive parents of the minor child or the adopted adult. The Kansas department for children and families may contact the genetic parents at the request of the adoptive parents of the minor child or the adopted adult in the event of a health or medical need. The Kansas department for children and families may contact the genetic parents at the request of the adopted adult for any reason.
59-2130. Independent and agency adoptions; background information on adoptee and parents; filing; disclosure
(a) The following information shall be filed with the petition in an independent or agency adoption:
(1) A complete written genetic, medical and social history of the child and the parents;
(2) the names, dates of birth, addresses, telephone numbers, and social security numbers of each of the child’s parents, if known;
(3) any hospital records pertaining to the child or a properly executed authorization for release of those records; and
(4) the child’s birth verification, which shall include the date, time and place of birth and the name of the attending physician.
(b) The genetic, medical and social history required by this section shall be in conformity with the rules and regulations adopted by the secretary for children and families and on forms provided by the secretary.
(c) If any information required to be filed under this section is not available, an affidavit explaining the reasons why it is not available shall be filed with the petition for adoption.
(d) The secretary for children and families shall adopt rules and regulations establishing procedures for updating a child’s genetic, medical and social history if new information becomes known at a later date. The agency or person conducting the investigation under K.S.A. 59-2132, and amendments thereto, shall advise in writing each of the child’s biological parents, if known, of those procedures.
(e) Any employee or agent of the Kansas department for children and families, a child-placing agency or a district court who intentionally destroys any information required to be filed under this section is guilty of a class C misdemeanor.
Kansas Law: Adoption Generally
Relevant portions of Kansas adoption law. The entire Kansas adoption statute is available here, under Chapter 59, Article 21.
59-2112. Definitions
As used in K.S.A. 59-2111 through 59-2143:
(a) ”Adult adoption” means the adoption of an individual who has attained the age of majority;
(b) ”agency adoption” means the adoption of a minor child where an agency has the authority to consent to the adoption;
(c) ”independent adoption” means the adoption of a minor child where the child’s parent or parents, legal guardian or nonagency person in loco parentis has the authority to consent to the adoption; but does not include a stepparent adoption;
(d) ”stepparent adoption” means the adoption of a minor child by the spouse of a parent with the consent of that parent;
(e) ”residence of a child” and “place where a child resides” means:
(1) The residence of the child’s mother if the child’s parents are not married;
(2) the residence of the child’s father, if the father has custody and the child’s parents are not married;
(3) the residence of the child’s father if the child’s parents are married; or
(4) the residence of the child’s mother if the child’s parents are married, but the child’s mother has established a separate, legal residence and the child resides with the mother;
(f) ”agency” means any public or private entity organized pursuant to Kansas law, or organized pursuant to the laws of the jurisdiction where located, having for its purpose the care and maintenance of children, being authorized to place children for adoption, consent to the adoption and to stand in loco parentis to such children until they are adopted or reach majority; and
(g) ”person in loco parentis” means an individual or organization vested with the right to consent to the adoption of a child pursuant to relinquishment or an order or judgment by a district court of competent jurisdiction.
59-2113. Who may adopt
Any adult, or husband and wife jointly, may adopt any minor or adult as their child in the manner provided in K.S.A. 59-2111 through 59-2143, except that one spouse cannot do so without the consent of the other.
59-2114. Written consent required; acknowledgment; revocability of consent, when
(a) Consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If consent is acknowledged before a judge of a court of record, it shall be the duty of the court to inform the consenting person of the legal consequences of the consent. A consent is final when executed, unless the consenting party, prior to final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party.
(b) Consent in all cases shall have been executed not more than six months prior to the date the petition for adoption is filed.
59-2115. Consent or relinquishment; minor parent
Minority of a parent shall not invalidate a parent’s consent or relinquishment, except that a minor parent shall have the advice of independent legal counsel as to the consequences of the consent or relinquishment prior to its execution. The attorney providing independent legal advice to the minor parent shall be present at the execution of the consent or relinquishment. Unless the minor parent is otherwise represented by independent legal counsel, the petitioner or child placing agency shall provide independent legal counsel to the minor parent at such petitioner’s or child placing agency’s sole expense.
59-2116. Same; time of execution
(a) A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child. Any consent or relinquishment given by the mother before 12 hours after the birth of a child is voidable, prior to the final decree of adoption.
(b) A consent or relinquishment may be given by any father or possible father any time after the birth of a child. A consent may be given by any father or possible father before the birth of the child only if he has the advice of independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice shall be present at the execution of the consent.
59-2117. Same; execution and acknowledgment outside of state, in foreign country or by person in military service
(a) A consent or relinquishment, or document that is the functional equivalent of a Kansas consent or relinquishment, is valid if executed and acknowledged outside of this state or in a foreign country either in accordance with the law of this state or in accordance with the law of the place where executed.
(b) If the person signing a consent or relinquishment is in the military service of the United States, the execution of the consent or relinquishment may be acknowledged before a commissioned officer and the signature of the officer shall be verified or acknowledged before a notary public or by such other procedure as is then in effect for such division or branch of the armed forces.
59-2118. Effect of adoption; name; rights of child, parents
(a) Any person adopted as provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, shall assume the surname of the petitioner or petitioners for adoption, except that the court in its discretion may permit a different surname when requested by the petitioner or petitioners. When requested by the petitioner or petitioners, the court, in its discretion, may change the given name or names of the person adopted.
(b) When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent. The adoptive parent shall be entitled to exercise all the rights of a birth parent and be subject to all the liabilities of that relationship. Upon adoption, all the rights of birth parents to the adopted person, including their right to inherit from or through the person, shall cease, except the rights of a birth parent who is the spouse of the adopting parent. An adoption shall not terminate the right of the child to inherit from or through the birth parent.
59-2124. Relinquishment of child to agency
(a) Any parent or parents or person in loco parentis may relinquish a child to an agency, and if the agency accepts the relinquishment in writing, the agency shall stand in loco parentis to the child and shall have and possess over the child all rights of a parent or legal guardian, including the power to place the child for adoption and give consent thereto.
(b) All relinquishments to an agency under K.S.A. 59-2111 through 59-2143, and amendments thereto, shall be deemed sufficient if in substantial compliance with the form for relinquishment set forth by the judicial council, and shall be executed by: (1) Both parents of the child; (2) one parent, if the other parent is deceased or the other parent’s relinquishment is found unnecessary under K.S.A. 59-2136, and amendments thereto; or (3) a person in loco parentis.
(c) The relinquishment shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the relinquishment is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the relinquishing person of the consequences of the relinquishment.
(d) Except as otherwise provided, in all cases where a parent or personin loco parentis has relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, all the rights of the parent or person in loco parentis shall be terminated, including the right to receive notice in a subsequent adoption proceeding involving the child. If a parent has relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, based on a belief that the child’s other parent would relinquish the child to the agency, and such other parent does not relinquish such child to the agency, the rights of such parent who has relinquished a child to the agency shall not be terminated. Upon such relinquishment, all the rights of birth parents to such child, including their right to inherit from or through such child, shall cease.
(e) A parent’s relinquishment of a child shall not terminate the right of the child to inherit from or through such parent.
59-2129. Consent
(a) Consent to an independent adoption shall be given by:
(1) The living parents of the child; or
(2) one of the parents of the child, if the other’s consent is found unnecessary under K.S.A. 59-2136, and amendments thereto; or
(3) the legal guardian of the child, if both parents are dead or if their consent is found to be unnecessary under K.S.A. 59-2136, and amendments thereto; or
(4) the court entering an order under K.S.A. 2014 Supp. 38-2270, and amendments thereto; and
(5) the judge of any court having jurisdiction over the child pursuant to the revised Kansas code for care of children, if parental rights have not been terminated; and
(6) the child sought to be adopted, if over 14 years of age and of sound intellect.
(b) Consent to an agency adoption shall be given by:
(1) The authorized representative of the agency having authority to consent to the adoption of the child; and
(2) the child sought to be adopted, if over 14 years of age and of sound intellect.
(c) The provisions of subsection (a) shall apply to consent in a stepparent adoption, except that subsections (a)(3) and (4) shall not apply.
(d) A consent given by a parent, legal guardian or agency shall be deemed sufficient if in substantial compliance with the form for consent set forth by the judicial council.
(e) A consent given by a legal guardian, judge or agency shall set forth the authority to execute the consent and shall be accompanied by documents supporting that authority.
59-2135. Same; information to be provided to Kansas Department for Children and Families
The clerk of each district court shall provide a copy of the decree of adoption, a copy of the report of adoption required in K.S.A. 59-2119, and amendments thereto, and a copy of the information required in K.S.A. 59-2130, and amendments thereto, pertaining to any adoption of a minor to the secretary for children and families. All information pertaining to adoptions of minors required to be provided to the secretary for children and families shall be maintained by the secretary and shall be subject to disclosure to the same extent as files and records of the court under K.S.A. 59-2122, and amendments thereto.
Relevant Kansas Law: Adult Adoption
Relevant parts of Kansas adoption law related to adult adoption. The entire Kansas adult adoption statute is available here, under Chapter 59, Article 21.
59-2137. Application of K.S.A. 59-2138 through 59-2142
In addition to those requirements, where applicable, as set out in the provisions of K.S.A. 59-2111 through 59-2124, K.S.A. 59-2138 through 59-2142 shall apply to adult adoptions.
59-2138. Venue
Venue shall be in the county in which the petitioner or the adult to be adopted resides.
59-2139. Petition
(a) A petition for adult adoption shall be filed by the person desiring to adopt the adult and shall state:
(1) The name, residence and address of the petitioner;
(2) the name, residence, address and date of birth of the adult to be adopted;
(3) whether the petitioner or adult to be adopted is married and if so, the name, residence and address of the spouse;
(4) the facts showing the reasons for the adoption;
(5) whether one or both of the parents of the adult to be adopted are living and the name, residence and address of those living so far as known to the petitioner or the adult to be adopted; and
(6) whether or not any change of name is requested.
(b) The written consents required by K.S.A. 59-2140, and amendments thereto, and the accounting required by K.S.A. 59-2121 shall be filed with the petition for adoption.
59-2140. Consent
Before any adult is adopted consent to the adoption shall be given by:
(a) The adult subject of the adoption or the legal guardian of a disabled adult subject of adoption; and
(b) the spouse of the petitioner or the spouse’s legal guardian if a disabled person.
59-2141. Notice and hearing
(a) The court, by order, shall fix a time and place for hearing on the petition. The hearing may be with or without notice as the court shall direct and the court may hear the petition forthwith.
(b) The court may order that notice of the hearing be given to the parents of the adult subject of the adoption and shall require notice, unless waived, to any consenting party.
59-2142. Copy of decree to former parent
The petitioner or attorney for the petitioner, if a decree of adoption is entered, shall mail a certified copy of the decree to the former parent of the adult adoptee, if the parent has had no notice of the proceeding and, with reasonable diligence, can be located for service by first-class mail. The petitioner or the attorney shall file proof of mailing with the court or shall file an affidavit setting forth the reasons for noncompliance if the reasons are not evident from the verified pleadings on file. Failure to give the notice required by this section shall not invalidate the adoption.
Kansas Law: Intercountry Adoption
Relevant portions of Kansas adoption law related to intercountry adoption. The entire Kansas adult adoption statute is available here, under Chapter 59, Article 21.
59-2144. Foreign adoption; filing documents with the clerk of the district court; birth certificate
(a) When a Kansas resident adopts a child in a foreign country in accordance with the laws of the foreign country pertaining to relinquishment, termination of parental rights and consent to the adoption, the decree of adoption or a similar document or documents which evidences finalization of the adoption in the foreign country, and evidence of lawful admission into the United States, when filed with and entered in the records of the clerk of the district court of any county in this state, has the same force and effect as if the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, was granted in accordance with the provisions of the Kansas adoption and relinquishment act.
(b) When such decree or document is filed and entered, the adoptive parent or parents may request a birth certificate pursuant to K.S.A. 65-2423, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas adoption and relinquishment act.
Lisa Barron says
I don’t think you can help me since you practice law in Minnesota, I will give this a try anyway. I wanted to Vacation/Annul my adoption in order to get a copy or reinstate my deceased Birth parents listed back on my birth certificate and remove my deceased adopted parents. I wanted to get my original birth certificate back since I took my birth name back after my divorce. I was born and raised in Kansas and adopted in my teens when I did not agree to it. My birth dad gave permission to his sister and husband to change my last name in order to keep my birth mother away in their bitter divorce. I live in Pennsylvania now and I’m running into road blocks saying I cannot obtain my original birth certificate with my birth parents listed.
Gregory D. Luce says
Your birth and adoption was in Kansas? While Kansas seals a birth certificate when a new one is issued after adoption, the original is always available to the adoptee once he or she turns 18. But am I hearing that you want your original reinstated as the only birth certificate? It’s a tough legal fight to annul an adoption in any state, and it’s a legal avenue that will take a lawyer to figure out what’s best to do so in Kansas. One alternative could be a name change to your original name.
Rachida Djebel (née Averill) says
Good morning Greg.
First I must tell you that I love this site for its clarity and citing of state’s’ law concerning adoptees. You have done and are doing a grand service to the adoptee in search.
In professional life I am a regulatory consultant so am used to almost any regulation known to mankind… almost. I understand that Kansas is ‘unrestricted’ regarding an adoptee’s access to his/her own adoptee adoption file and OBC—which is terrific! However wonderful that may be, there are cases when the adoptee has died and his/her child(ren) wish to have the un-redacted certificate, not the amended one.
In private life I try to help adoptees obtain documents and give them ways to do that. Your site is a huge asset! Currently I have a friend who is the daughter of an adoptee born in Kansas who is deceased. The deceased was adopted in Missouri. She has applied to KS for the birth certificate of her mom-who for years did not know of KS open access for adoptees, but receives only the redacted/amended version rather than the original, leading me to believe that KS & MO must have some agreement and share amended/redacted certificates … Of course I could very well be wrong.
My knowledge based on being an adoptee who retrieved her own OBC despite the draconian Dickensian laws of Nebraska is that where there is a will, there is a way. (My case was complicated in that I was not born in NE and was not aware of that fact until I applied for a US passport and was refused, which spurred my determination to find that OBC… and I did!)
My thoughts are that a petition to the court by the daughter might produce the desired results, with of course adequate documentation to prove relationship. I know that in the case of the adoption file she would most likely fall under the category of ‘person of interest’.
What would be your counsel? I, and my friend, would very much appreciate any nuggets of wisdom you may have for us. She wants to keep the promise she made to her mother I and I want to help her fulfill that promise.
Thank you in advance for your assistance with this matter.
Rachida Djebel
Gregory D. Luce says
Thanks so much, Rachida, for the comments.
And, yes, you are spot on: your friend would need to petition the court in Kansas for release of her mother’s OBC. I’ve been approached by a number of descendants of adoptees whose parents were born in Kansas. The courts have told them that a petition is necessary. I tell folks to contact the court in the county where the person was born and ask if they have procedures for petitioning the court for the records, if any, and for an order to release the OBC. Given the fact that Kansas is an unrestricted state for the adult adoptee, I’d be surprised if the OBC is not released by court order to the adult son or daughter of the adoptee, so long—as you say—the relationship to the adoptee is shown and that you also provide a death certificate showing that the adoptee is deceased. It probably would not hurt to provide a copy of the amended certificate of the adoptee in the filing just to provide the full picture. I have very generic and simple forms I use here in Minnesota that you could likely use as a template if that’s worthwhile. Feel free to contact me by email at [email protected].
If you pursue this, I’d love to know what you find out and what the court may decide or tells your friend what to do. Good luck and thanks for your advocacy and for your obvious perseverance.
Rachida Djebel (née Averill) says
Hello, Greg.
Thank yo so very much for confirming that I am on the right path and for the offer of reviewing your template for petitioning the court which I have sent an email for. I have advised my friend we will need her mother’s death certificate, her birth certificate (to prove relationship) and the amended birth certificate. I’ve also advise her to contact the county court of adoption for advice regarding the petition.
I will indeed keep you advised as to how this plays out.. I am a believer in sharing information and experience…. all we who are adopted—whether domestic or international—are pretty much in the same boat.. often that is often too rocky and sea-sickness producing.
I fought for my own rights for over 50 decades.. and will continue to do what I can for our cause.
Gregory D. Luce says
No problem. And, by the way, love the typo of 50 decades. It does feel like 500 years sometimes. 🙂
Rachida Djebel (née Averill) says
It was indeed a typo.. how about five? And actually now into 7 as I am still pushing for access to my sister… who is if alive 71 this year and I am 73 in the first week of April 🙂 sometimes it feels like a million years.. but I persist…
Korissa Thomas says
hello, hoping maybe you can help me shed some light on all of the discrepencies that I’ve discovered during my adoption records search. Kansas recently updated their laws about drivers licensing and therefore were required to show an original birth certificate with the state seal on it. Copies will not be accepted. For adoptees, we need our original PLUS the amended, proving that we were adopted and are now living by this name. No big deal, right? Wrong. I am 30 years old and just found out that not only was my adoption not legal in the state I was born in…. but my name isnt even correct. Oh, not to mention the fact that my birth state thinks I’m a missing person (Im not, for the record… just some slacker misfiling paperwork years ago…. clearly because HIS life wasn’t being questioned. *sigh*)
and Kansas (my adopted state) is being so cryptic with me…. Get this…
The copies I have of the adoption (which are old tattered pages that don’t look legit but supposedly they are)… are literally the only documents that exist. Court Clerk informed me that the microfilm and all records of my adoption were destroyed in a natural disaster…. which isnt possible because we havent had a disaster that would come even close to record ruining…. so I tracked down the attorney that handled my adoption 30 years ago… by a stroke of luck he was still practicing… so I sat down with him… he was extremely uptight and vague with every answer. Kept telling me that he doesnt remember that far back… but even if he did, he isnt able to give me the answers to my questions. Funny, because he recalled a few insignificant minor details that nobody would have any business remembering unless there was something BIGGER behind it all…. OH YEAH, and did I mention that my birth father was never notified of my adoption or even my existence, even though my adoption papers state that he was notified via publication? Lie. There was no publication made anywhere in the US, lawyer verified that. I dont know, but as of right now, the name Ive used for 30 years is suddenly an “alias,” all my records vanished into thin air, Tennessee thinks I am a missing child, my adopted dad is so confused and angry because he knows this is all a huge screw up, technically… I was never adopted, I vanished into thin air, and I legally do not exist…. my dad is helping me fight just to be able to exist once again. heeelllppppp
Jessica M says
Hey Greg!
I was adopted at birth in Kansas. The adoption was arranged prior to my birth. I want to request my original birth certificate. I know who my birth mother and have had contact with her over the last 13 years. She however will not tell me who my birth father is (if she even knows).
I was born in 1983 so my question pretty much is if she would have been required to put a Father’s name down on my original birth certificate. I have the information I need to request the original but I assume if she won’t tell me who he is I doubt she would put it on the original birth certificate unless she legally had to do it.
All I’m after really is family medical history for my son’s benefit in the future as I am more than happy with the family I was given and don’t want or need anything from anyone.
If you would know any information on this it would be greatly appreciated!
Kalyn Fuller says
I was adopted at newborn and I don’t know my birth mothers name and my dad’s name was not on the birth certificate And I am trying to get my birth certificate before I was adopted I was born in 1980 in Barton County the birth records were sealed cause it was a private adoption and I want my birth certificate before adoption for my health history cause I have seizures that have caused me to be on disability and I also want them for my 14 years old daughter so she can know her health history all I know about my birth mom is that she was 13 when she had me she was catholic and native American and my mom that adopted me said that I am 25 percent native American but wouldn’t tell me anything else and this is very important to me I want to know what I have to do to get it
Ashley Tokoi says
I have a child living with me whose mom died and she was adopted by a less than ideal step parent. She has filed for emancipation but would like her BC amended to remove said step parent and return her mom back to the document. Is this possible?
Gregory D. Luce says
Yes, it’s possible, but it can be very complicated. There are generally two ways to do this: 1) you can get the agreement of the adoptive parent to annul or vacate the adoption and restore the original birth certificate; or 2) seek a court order that would amend or restore the birth certificate back to its original but it would not otherwise change the adoption or vacate it. Both would require court involvement, and typically it would be in the county where the adoption occurred.
It’s a complicated process, primarily because there is very little law to guide attorneys and the court. Because of this, it’s impossible to predict if these efforts would be successful.