Can the birth certificate of an adoptee be restored to the original if the adoption is annulled?
Full Question:
The court annulled the adoption of my nephew. Now, can he revert to his previous name? Can the birth certificate be restored?
05/03/2017 |
Category: Vital Records ยป Birth Certif... |
State: Vermont |
#36565
Answer:
The following are the statutes in this regard:
§ 3-802. Issuance of new birth certificate
(a) Except as otherwise provided in subsection (d) of this section, upon receipt of a report of adoption prepared pursuant to section 3-801 of this title, a report of adoption prepared in accordance with the law of another state or country, a certified copy of a decree of adoption together with information necessary to identify the adoptee's original birth certificate and to issue a new certificate, or a report of an amended adoption, the supervisor of vital records shall:
(1) issue a new birth certificate for an adoptee born in this state and furnish a certified copy of the new certificate to the adoptive parent and to an adoptee who has attained 14 years of age;
(2) forward a certified copy of a report of adoption for an adoptee born in another state to the supervisor of vital records of the state of birth;
(3) issue a certificate of foreign birth for an adoptee adopted in this state and who was born outside the United States and was not a citizen of the United States at the time of birth, and furnish a certified copy of the certificate to the adoptive parent and to an adoptee who has attained 14 years of age;
(4) notify an adoptive parent of the procedure for obtaining a revised birth certificate through the United States Department of State for an adoptee born outside the United States who was a citizen of the United States at the time of birth; or
(5) in the case of an amended decree of adoption, issue an amended birth certificate according to the procedure in subdivision (a)(1) or (3) of this section or follow the procedure in subdivision (2) or (4) of this section.
(b) Unless otherwise specified by the court, a new birth certificate issued pursuant to subdivision (a)(1) or (3) or an amended certificate issued pursuant to subdivision (a)(5) of this section shall:
(1) be signed by the supervisor of vital records;
(2) include the date, time and place of birth of the adoptee;
(3) substitute the name of the adoptive parent for the name of the person listed as the adoptee's parent on the original birth certificate;
(4) include the filing date of the original birth certificate and the filing date of the new birth certificate;
(5) contain any other information prescribed by the supervisor of vital records.
(c) The supervisor of vital records, and any other custodian of such records, shall substitute the new or amended birth certificate for the original birth certificate. The original certificate and all copies of the certificate in the files shall be sealed and shall not be subject to inspection until 99 years after the adoptee's date of birth, except as provided by this title.
(d) If the court, the adoptive parent, or an adoptee who has attained 14 years of age requests that a new or amended birth certificate not be issued, the supervisor of vital records may not issue a new or amended certificate for an adoptee pursuant to subsection (a) of this section, but shall forward a certified copy of the report of adoption or of an amended decree of adoption for an adoptee who was born in another state to the appropriate office in the adoptee's state of birth.
(e) Upon receipt of a report that an adoption has been vacated, the supervisor of vital records shall:
(1) restore the original birth certificate for a person born in this state to its place in the files, seal any new or amended birth certificate issued pursuant to subsection (a) of this section, and not allow inspection of a sealed certificate except upon court order or as otherwise provided in this title;
(2) forward the report with respect to a person born in another state to the appropriate office in the state of birth; or
(3) notify the person who is granted legal custody of a former adoptee after an adoption is vacated of the procedure for obtaining an original birth certificate through the United States Department of State for a former adoptee born outside the United States who was a citizen of the United States at the time of birth.
(f) Upon request by a person who was listed as a parent on an adoptee's original birth certificate and who furnishes appropriate proof of the person's identity, the supervisor of vital records shall give the person a noncertified copy of the original birth certificate.
