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Adoption Appeal

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dvance

Junior Member
What is the name of your state? Colorado Adoption took place in Utah

My husband was adopted in 1973 by his mother's 4th husband. They are no longer married and for personal reasons my husband has gone to court in Colorado and changed his name back to his birth name. He has tried to obtain a copy of his original birth certificate from the state of Nevada (where he was born) but the records have been sealed. How do we appeal the adoption that took place in 1973 in Utah?
 


S

seniorjudge

Guest
Q: How do we appeal the adoption that took place in 1973 in Utah?

A: You cannot. If he wants to change his name, the court will give him an order that the state issuing his bc will have to honor.
 

dvance

Junior Member
Name change

He had his name legally changed in Colorado in 1998. When application for his birth certificate was submitted to Nevada, that paperwork was also sent. They refused application for the "original" birth certificate stating it had been sealed per the adoption. Only birth certificate on file reflects the adopted name. When I spoke to Nevada records clerk, she stated he would have to appeal the adoption in the state it was conducted, win and then supply Nevada with that documentation. ???????
 

nextwife

Senior Member
He can't "appeal " the adoption. First, there is no LEGAL basis you have stated to invalidate the adoption. Not liking one's parent, for whatever reason, even if it's a doozy, is not LEGAL grounds to overturn an adoption. Biokids get stuck being the children of people they don't like, also. It is not a legal reason to change their birth record.

Of course, if biodad is alive and wants to adopt him and legally re-assume his parental role, he can adopt him even though he is an adult. However, that would remove mom as his legal parent, as it would make dad his only parent.
 

LdiJ

Senior Member
dvance said:
He had his name legally changed in Colorado in 1998. When application for his birth certificate was submitted to Nevada, that paperwork was also sent. They refused application for the "original" birth certificate stating it had been sealed per the adoption. Only birth certificate on file reflects the adopted name. When I spoke to Nevada records clerk, she stated he would have to appeal the adoption in the state it was conducted, win and then supply Nevada with that documentation. ???????
I think you are over-worried about the original birth certificate. What needs to happen is that the current, legal birth certificate needs to be changed to reflect his legal name. He doesn't have to appeal the adoption to do that. He just needs to present the court orders for the name change to the proper department.
 
S

seniorjudge

Guest
LdiJ said:
I think you are over-worried about the original birth certificate. What needs to happen is that the current, legal birth certificate needs to be changed to reflect his legal name. He doesn't have to appeal the adoption to do that. He just needs to present the court orders for the name change to the proper department.
I think that's the problem; they cannot get Nevada to change the birth certificate:

He had his name legally changed in Colorado in 1998. When application for his birth certificate was submitted to Nevada, that paperwork was also sent. They refused application for the "original" birth certificate stating it had been sealed per the adoption. Only birth certificate on file reflects the adopted name. When I spoke to Nevada records clerk, she stated he would have to appeal the adoption in the state it was conducted, win and then supply Nevada with that documentation. ???????
 

rmet4nzkx

Senior Member
They will have to first amend the adoption in Utah, then Nevada can add the amemdment to the birth certificate on file, otherwise you could have two separate people using the same ID. He, may as many women do, have to repeatedly state all last names used on various applications. There is no requirement to change or amend the BC and the "original" is not changed anyway. The name change is sufficient.
 

dvance

Junior Member
"Real" Parents

nextwife said:
He can't "appeal " the adoption. First, there is no LEGAL basis you have stated to invalidate the adoption. Not liking one's parent, for whatever reason, even if it's a doozy, is not LEGAL grounds to overturn an adoption. Biokids get stuck being the children of people they don't like, also. It is not a legal reason to change their birth record.

Of course, if biodad is alive and wants to adopt him and legally re-assume his parental role, he can adopt him even though he is an adult. However, that would remove mom as his legal parent, as it would make dad his only parent.
I was not trying to offend adoptive parents or the love they show children not their own. The "doozy" in this case - the adoptive father is only 11 years older than my husband. To date, the adoptive father has divorced the mother and is now married to his daughter-in-law (my husband's ex-wife). Together, they have been raising the three children from her first marriage to my husband. Legally my husband probably does not have a "right" to appeal the adoption. That is not the issue or goal here. He needs to have a copy of his birth certificate - one that states his legal name. He changed his name LEGALLY in 1998 but cannot get a copy of a birth certificate that states his legal name.
 
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dvance

Junior Member
Order

seniorjudge said:
Q: How do we appeal the adoption that took place in 1973 in Utah?

A: You cannot. If he wants to change his name, the court will give him an order that the state issuing his bc will have to honor.
Would I apply for that order in the court where his name was changed? I have a copy of the proceedings for the name change. We tried sending it to Nevada when we applied for the birth certificate. They rejected the application stating the records for that name had been sealed.
 

dvance

Junior Member
You read it!!!

seniorjudge said:
I think that's the problem; they cannot get Nevada to change the birth certificate. :) EXACTLY !!!!!! :) That has been the problem all along. Nevada sends me back to Utah.

He had his name legally changed in Colorado in 1998. When application for his birth certificate was submitted to Nevada, that paperwork was also sent. They refused application for the "original" birth certificate stating it had been sealed per the adoption. Only birth certificate on file reflects the adopted name. When I spoke to Nevada records clerk, she stated he would have to appeal the adoption in the state it was conducted, win and then supply Nevada with that documentation. ???????
:) EXACTLY !!!!!! :) That has been the problem all along. Nevad sends me back to Utah.
 

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