adoption

[bbarnett@centex]

New Mexico law 1960's

Q' If a adoption was never legally filed who is responsable for child - State-Family Wellfare-Doctor-Hospital- Birthmother even though child was signed for adoption ? Where lied the responsability for child untill adoption was finalized.

[nextwife]

Please explain the situation more thoroughly.

Was CSE involved? Were birthparent rights legally terminated?

[bbarnett@centex]

Yes I have a docoment were birth mother signed giving up parental rights.As you said my real parents picked me up straight from hospital with intentions to adopt. no agency was indicated. the lawyer involved died, paperwork never filed. to this date I have 2 birth cert. 1 by birth mother ,the other by adopted parent. I am looking for birth mother for medical reasons . I am not able to abtain alot of paper work through courts because adoption was never legal.I cant even abtain hospital log . were are my rights in this . this would fall under New Mexico law in 1960

[nextwife]

If a birth certificate was issued showing the adoptive parents, then there MUST have been a legal adoption. One cannot obtain a BC naming different parents as the legal parents unless and until a legal adoption is completed.

And please, the term "real mother" is not PC. The adoption community does not use that phrase. All parents, whether by birth or adoption, consider themselves to be "real". Adoptive parents "really" parent their children too. Please consider instead using the term "biological parent".

[bbarnett@centex]

the birth cert. issued to my parents was not abtained untill 1982 I was born in 1967, this was issued because they had a copy of a baptisim report, a letter from doctor and a letter from school. they enrolled me in school with a baptisim report also. This birth cert. is not legal. The only legal birth cert is the one from birth mother . Where are my rights. since adoption was not legal I dont even have the rights of an adopted child. Since adoption not legal if (as you refer to as real parents) died and had estate .I would not be entitled to because I was not legally theres.

[mommyof4]

Originally Posted by bbarnett@centex

the birth cert. issued to my parents was not abtained untill 1982 I was born in 1967, this was issued because they had a copy of a baptisim report, a letter from doctor and a letter from school. they enrolled me in school with a baptisim report also. This birth cert. is not legal. The only legal birth cert is the one from birth mother . Where are my rights. since adoption was not legal I dont even have the rights of an adopted child. Since adoption not legal if (as you refer to as real parents) died and had estate .I would not be entitled to because I was not legally theres.

You wouldn't be entitled to any estate, no matter the circumstances or status of your adoption.

[LdiJ]

Originally Posted by mommyof4

You wouldn't be entitled to any estate, no matter the circumstances or status of your adoption.

That's not accurate for all states...there are at least a couple where children are entitled to a percentage under state law, and a large number of others where children are entitled to a percentage if the parent dies intestate.

However, I am tempted to call "troll" on this one. What the OP describes definitely could have happened or could even happen now for very elderly Americans (getting an offical BC based on other records), but having that happen in 1982 for a child born in 1967?...that pushes my credibility envelope.

Unless of course something highly illegal happened and the second birth certificate is a complete forgery.

[bbarnett@centex]

something is verry wrong here . But I assure you the upmost truth. I was told by lawyer since adoption never filed that the birth cert. containing adoptive parents is not legal .( orig ? ) who would be responsable for child untill adoption was final . State, Doctor,Hospital, Child Services, Who?

[mommyof4]

Originally Posted by bbarnett@centex

something is verry wrong here . But I assure you the upmost truth. I was told by lawyer since adoption never filed that the birth cert. containing adoptive parents is not legal .( orig ? ) who would be responsable for child untill adoption was final . State, Doctor,Hospital, Child Services, Who?

Okay...I'll bite. What difference does who held responsibility for the child make now? You aren't a child anymore, so what are you looking for? Your adoptive family raised you and supported you, yes? Seems to me that they took on that responsibility willingly.

[bbarnett@centex]

adoptive parents raised and supported answer no . lied and abused yes , if we knew who responsable may be able to abtain valiable medical records.the laws did not protect the children back then as they do now. Your right Im not a child any more but that does not mean I do not have rights to a legal name or important medical records. If they meant to you what they do to me you would not be so quick to judge I do not have much longer . bottom line

[Gracie3787]

Originally Posted by LdiJ

That's not accurate for all states...there are at least a couple where children are entitled to a percentage under state law, and a large number of others where children are entitled to a percentage if the parent dies intestate.

I know that I'm hijacking in a way, but I'm really curious, are any of those states Georgia or Florida?

[nextwife]

Originally Posted by LdiJ

That's not accurate for all states...there are at least a couple where children are entitled to a percentage under state law, and a large number of others where children are entitled to a percentage if the parent dies intestate.

Even in those states, for the sake of clarification, any assets co-owned a certain way, with a named beneficiary or titled a certain way would not be subject to probate.

[stealth2]

Originally Posted by bbarnett@centex

adoptive parents raised and supported answer no . lied and abused yes , if we knew who responsable may be able to abtain valiable medical records.the laws did not protect the children back then as they do now. Your right Im not a child any more but that does not mean I do not have rights to a legal name or important medical records. If they meant to you what they do to me you would not be so quick to judge I do not have much longer . bottom line

I'm confused - you claim to have your original birth certificate - so you have the name of your birth mother, and the where/when of your birth. That's where you start your search, I would think.

[LdiJ]

Originally Posted by Gracie3787

I know that I'm hijacking in a way, but I'm really curious, are any of those states Georgia or Florida?

The one I remember for sure is Louisiana...and I think it has something to do with the fact that their laws are based on the Napoleonic Code, rather than English Common Law, on which the majority of the states laws are based.

[nextwife]

Originally Posted by LdiJ

The one I remember for sure is Louisiana...and I think it has something to do with the fact that their laws are based on the Napoleonic Code, rather than English Common Law, on which the majority of the states laws are based.

Personally, I don't get why adopted kids, in those states, get to inherit from TWO sets of parents, where biokids get one set. One would think it should be one or the other, but not both.