HHS refuses to ammend birth certificate

[CMSC]

What is the name of your state? NE


I was going to place my child up for adoption 6 years ago, but due to issues with the adoptive parents I ended up getting my son back after 1 month and they no longer wanted to go thru with the adoption.
I've finally gotten around to ammending his birth certificate to reflect the name I gave him 6 years ago. However, HHS is refusing to ammend it, even though I have a court order for the name change. They claim the hospital put in my file that "mom is thinking about placing child up for adoption". They say the only way to ammend it is for them to get proof I have the child. They had absolutely no problem sending me copies of the original birth certificate (which, if he had been adopted I would not have been allowed access too). Their idea or proof is a statement from the hospital that I left with my son the day he was born or a letter from the adoptive families attorney stating the adoption disrupted. The hospital refuses stating there is nothing in my record and they don't have anyone who remembers if I left with him or not. The adoptive family's attorney refuses to help me at all.

So here's my question. My name is on the birth certificate, no relinquishment was ever filed with HHS and I have had my son with me since he was 1 month old. With a court order does HHS have to comply to the ammendment order? Any suggestions on how to get them to do that?

Thanks!

 

[LdiJ]

What is the name of your state? NE


I was going to place my child up for adoption 6 years ago, but due to issues with the adoptive parents I ended up getting my son back after 1 month and they no longer wanted to go thru with the adoption.
I've finally gotten around to ammending his birth certificate to reflect the name I gave him 6 years ago. However, HHS is refusing to ammend it, even though I have a court order for the name change. They claim the hospital put in my file that "mom is thinking about placing child up for adoption". They say the only way to ammend it is for them to get proof I have the child. They had absolutely no problem sending me copies of the original birth certificate (which, if he had been adopted I would not have been allowed access too). Their idea or proof is a statement from the hospital that I left with my son the day he was born or a letter from the adoptive families attorney stating the adoption disrupted. The hospital refuses stating there is nothing in my record and they don't have anyone who remembers if I left with him or not. The adoptive family's attorney refuses to help me at all.

So here's my question. My name is on the birth certificate, no relinquishment was ever filed with HHS and I have had my son with me since he was 1 month old. With a court order does HHS have to comply to the ammendment order? Any suggestions on how to get them to do that?

Thanks!

Hon, if this is really what is going on, I think that you need an attorney to deal with HHS. It makes absolutely no sense that they are taking this stance based upon a hospital statement that you were thinking about placing the child for adoption.

 

[CMSC]

Hon, if this is really what is going on, I think that you need an attorney to deal with HHS. It makes absolutely no sense that they are taking this stance based upon a hospital statement that you were thinking about placing the child for adoption.

This is very much what is going on. You are correct it makes no sense so you can see my obvious frustration. I specifically asked them if any relinquishment papers were filed and they said no. I've spoken to a couple of attorneys in the area who say they can't help since they weren't involved in the adoption or termination of the adoption. I have paperwork from 6 years ago where we (the adoptive parents and I) agreed mutually to hault the adoption process but HHS says those papers aren't good enough because they weren't notarized.