What legal actions are needed to adopt a child and update the birth certificate?

Full question:

I'm married and my husband wants to adopt a child. What legal actions would need to be done to add parents' name on the adopted child's birth certificate? Would the original birth certificate be replaced by a new birth certificate?

  • Category: Adoption
  • Date:
  • State: Oklahoma

Answer:

Yes, you will receive a new birth certificate after the adoption. In Oklahoma, the State Commissioner of Health will create a new certificate when they receive an adoption certificate or a certified copy of the adoption decree, along with information to identify the original birth certificate.

To establish a new certificate, you must also submit a request along with any required evidence proving legitimation or paternity. According to Oklahoma law (Okla. Stat. tit. 10, § 1-316), when a new certificate is issued:

  • The original certificate of birth will be replaced and will not be amended or inspected, except by court order.
  • If the adoption is annulled, the original birth certificate will be restored and may be amended as per the law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If the biological father is not listed on the birth certificate, your husband can still adopt your child. You may need to terminate the biological father's parental rights, which can be done through a court process. Once this is completed, your husband can proceed with the adoption. After the adoption is finalized, a new birth certificate will be issued with your husband's name as the legal parent. It's advisable to consult with a family law attorney to navigate this process effectively.