San Marcos, CA asked in Family Law and Adoption for California

Q: I adopted my son in 2004 and everything was approved and signed by the judge and then we never got a birth certificate.

Now he is 23 and trying to get a passport and we have ourselves in a pickle and not sure who to talk to. I went to the county building in Hemet CA which is where the adoption took place. What are our choices for resolution at this point. My son said they are telling him it has been too long but we still have copies of the paper work.

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1 Lawyer Answer
James L. Arrasmith
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  • Family Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Since every case can be unique, it's advisable to consult with an attorney or a legal professional who specializes in adoption law for accurate advice.

Here are a few steps you can consider taking to address the issue with your son's missing birth certificate:

Contact the adoption agency or attorney: Reach out to the adoption agency or attorney who handled the adoption in 2004. They may be able to provide assistance or guidance on obtaining the birth certificate. They should have a copy of the adoption records and can help you understand the process.

Contact the county vital records office: In California, birth certificates are typically issued by the County Recorder's Office or the Vital Records Office. Contact the office in the county where the adoption took place (Hemet, in your case) and explain the situation. They may have a process for obtaining a birth certificate for an adopted child.

Consult with an adoption attorney: If the previous steps don't yield satisfactory results, consider consulting with an attorney who specializes in adoption law. They can review your case, advise you on the best course of action, and help navigate any legal complexities.

Gather relevant documents: Make sure to gather all the paperwork you have related to the adoption, including the copies of the adoption paperwork you mentioned. These documents can be useful in demonstrating the legitimacy of the adoption and may be required during the process of obtaining the birth certificate.

Explore alternative options: If all else fails and you're unable to obtain a birth certificate, you might consider alternative documents that can be used as proof of identity. This could include obtaining a court order stating that the birth certificate is missing or applying for a delayed birth certificate.

Remember, the laws and processes surrounding birth certificates and adoptions can vary by jurisdiction, so it's crucial to consult with professionals who are knowledgeable about the specific laws and regulations in California. They will be better equipped to guide you through the appropriate legal steps to resolve this issue.

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