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Can I obtain my adopted Indian son's birth certificate in West Virginia?

Can I obtain my adopted Indian son's birth certificate in West Virginia?

Q: Is an adopted child a legal descendant?

Yes, an adopted child is considered a legal descendant of their adoptive parents. Once the adoption is finalized, the child has the same legal rights and status as a biological child, including inheritance rights and parental responsibilities.

Q: Are adopted children considered descendants?

Yes, adopted children are legally recognized as descendants of their adoptive parents. This means they have the same rights and responsibilities as biological children, including inheritance and familial ties.

Q: Are adopted children still considered orphans?

No, once an adoption is finalized, the child is no longer considered an orphan. An adopted child has a legal family and is no longer without parental care. The term 'orphan' typically refers to a child whose parents are deceased or unable to care for them.

Q: Are adoption records public in West Virginia?

In West Virginia, adoption records are generally sealed and not public. Access to these records is restricted to protect the privacy of the individuals involved. However, certain parties, such as the adopted person and their adoptive parents, may petition the court for access under specific circumstances.

Full question:

I adopted an Indian boy through a court in West Virginia. Can I get his birth certificate from this state or shall I get it from India?

Category: Vital Records
Date: 04/07/2025
State: West Virginia

Answer:

Yes, you can obtain your son's birth certificate in West Virginia. Since he was adopted through a court in West Virginia and was born in a foreign country, the State Registrar will prepare and register a birth certificate upon receiving the court's adoption order. This certificate will be labeled "Certificate of Foreign Birth" and will indicate the actual country of birth. It will also state that it does not serve as evidence of United States citizenship for the individual it is issued to.

To establish this certificate, the State Registrar requires:

A certificate of adoption from the court
Proof of the date and place of the child's birth
A request for the certificate from the court, the adopting parents, or the adopted person if they are eighteen or older

These procedures are outlined in West Virginia Code § 16-5-18, which details how birth certificates are established following adoption.

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

Does an adopted child get a new social security number?

Yes, when a child is adopted, they can receive a new Social Security number (SSN). The adoptive parents can apply for a new SSN for the child after the adoption is finalized. This new number is important for tax purposes and to establish the child's identity. The Social Security Administration will require documentation, such as the adoption decree, to process the request.

Can an adopted child get U.S. citizenship?

Yes, an adopted child can obtain U.S. citizenship. If the adoption is finalized and the child is under 18, they may automatically acquire citizenship under the Child Citizenship Act of 2000. The adoptive parents must file for citizenship on behalf of the child, and the process typically involves submitting the adoption decree and other relevant documents.