Other countries such as New Zealand, Australia, United Kingdom, USA and Ireland allow corrections on the birth registrations of adoptees.
New Zealand also allows adoptees to replace the names of the adoptive parents with the names of the original parents on the amended post-adoption birth registration.
The UK allows the father’s name to be added on the original birth registration of an adoptee who is still a minor (child) for the sake of their family history.
Here is some information on that.
New Zealand
When it comes to allowing adoptees to update their records, New Zealand is light-years ahead of everyone else.
Adding the original father’s name onto the original birth registration of the Adoptee
Adult adoptees can add the original father’s name onto their original birth registration. There is no time limit – this can be done even decades later.
From the New Zealand Government web site;
“If you are a birth father, we will need to confirm that you are named on the original birth registration of your birth tamaiti or on the adoption records held by Oranga Tamariki.
If you are not named, you can apply to Births, Deaths and Marriages to have your name added to the pre-adoptive birth registration. We’ll explain this procedure to you.” https://www.orangatamariki.govt.nz/adoption/finding-your-birth-family/birth-parent
Information from New Zealand Child, Youth and Family Service;
“If the name of one or both of your birth parents is not recorded on your original birth registration, but you can find out who they are, their details can be added to the registration entry. This is usually done with the consent of the particular parent. You should contact the Central Registry of Births, Deaths and Marriages for further information about this process.” https://www.familydoctor.co.nz/categories/personal-and-social-issues/adult-adoption-information-for-new-zealand
Change of the names of adoptive parent’s names to original parent’s names on post-adoption birth registration
A law was passed to allow an adoptee to replace the names of her adoptive parents to the names of her original parents on her post-adoption amended birth registration. The law is known as “Annie Oxborough Birth Parents Registration Bill”.
https://www.legislation.govt.nz/bill/private/2023/0244/latest/LMS829070.html
Australia
Adding the original father’s name onto the original birth registration of the Adoptee
After a tribunal ruling, adoptees are now allowed to have the father’s name put onto their original birth registrations, even if the father is deceased.
A New South Wales tribunal ruled in the adoptee’s favour and against the Registrar of Births, Deaths and Marriages, setting a precedent for anyone else who finds themselves in the same situation.
The tribunal ruled the adoptee should be allowed to have his father listed on his original birth certificate, despite not having direct DNA evidence to support it.
The registrar argued that it needed documentary evidence — such as a paternity test conducted by a laboratory accredited by the National Association of Testing Authorities (NATA) — in order to have a parent’s details added to a birth certificate.
Unable to comply with this because his father was already deceased, Mr. Capomolla Moore gathered samples from numerous family members using an at-home DNA service.
In the end, the tribunal ruled that those, together with his mother’s statutory declarations, were sufficient evidence to warrant the register being changed.
https://www.abc.net.au/news/2023-08-06/man-wins-six-year-legal-fight-for-birth-certificate/102678250
Victoria, Australia – form to add father’s name
Only a consent form is required to add the father’s name to the original birth registration. https://www.bdm.vic.gov.au/statement-add-a-parent-to-a-birth-certificate
United Kingdom
Adding the original father’s name onto the original birth registration of the Adoptee
In the UK, the original father’s name can be added to the original birth registration of an adult adoptee by going through the court. Adult adoptees can bring an application to correct historical records on their original birth certificates to add to that document the name and identity of their birth father in order to complete their birth history. Reregistration of birth involves an amendment to an original birth certificate without erasing the original entry. The amendment takes the form of either additional words included on the certificate or a note in the margin.
There is no time limit.
https://www.fjg.co.uk/blog/declaration-of-parentage-adult-adoptees/#:~:text=The%20court%20granted%20the%20applications,names%20of%20their%20birth%20fathers.
Here is more information on that.
“The Court considered Section 55A of the Family Law Act 1986, Section 14A of the Births and Deaths Registration Act 1953 and Part 1 of the Adoption and Children Act 200 and granted a Declaration of Parentage to each applicant. In addition, the Court ordered the Registrar General to be notified of the declarations so that the original birth certificates can be amended to include the name of the birth fathers.”
The fathers were deceased in the above cases.
https://greene-greene.com/knowledge/insights-and-opinion/can-you-amend-an-adults-birth-certificate-to-reflect-biological-fathers-name/
Another case in the UK in which the adult adoptee had the father’s name added to the original birth registration. DNA from half-siblings was used as evidence as the father was deceased. The court hearing only took 10 minutes and the judge even had pictures taken of this important event.
https://greene-greene.com/for-individuals/family-relationships/case-study-familylaw/
Adding the father’s name to help adoptees to claim dual nationality
This legal ruling highlights the importance of resolving questions about an individual’s parentage and the life-long significance that this has emotionally, psychologically, socially and legally. The grant of declarations of parentage to legally recognise the applicant women’s birth fathers and rectify their original birth certificates to add the name of their biological or birth father despite their adoption as babies resolved fundamental aspects of their identity. In doing so it: answered long-held questions about their birth fathers, opened the door to obtaining dual citizenship, clarified family ancestry and lineage for Ms L and Ms M and their children and grandchildren, met the public interest in accurately recording their status in properly maintained records and helped them reconnect with their birth families. https://louisaghevaertassociates.co.uk/declaration-of-parentage-confirming-family-ancestry-and-biological-parentage-following-adoption/
Adding the father’s name to the original birth registration of an Adoptee who is a Minor (Child)
The UK can add the original father’s name to the original birth registration of an adoptee who is a minor (under the age of majority). https://www.trinitychambers.com/h-v-an-adoption-agency-declaration-of-parentage-following-adoption-2020-ewfc-74/
Here is the judgement in full https://www.bailii.org/ew/cases/EWFC/HCJ/2020/74.html
USA
Each state has its own laws with regards to adoption records.
Looking in Ontario is gradually adding each state as information is found.
It is taking some time to gather this information.
Iowa
Adding the original father’s name onto the original birth registration of the Adoptee
In Iowa, a new state law will let adults (including adoptees) apply for a birth certificate that includes the name of a biological parent if that name was omitted from the original document.
This law was introduced to give adoptees the ability to add that missing information onto their original birth certificate.
Ireland
Ireland corrects errors and restores omissions on the original birth registrations of adoptees. They put in the father’s name if it is missing. They have taken into account that birth registrations were tampered with and information is missing. They even have taken into account that some of the birth registrations are missing and they ask people to contact them about this.
Ireland also accepts that some of the birth registrations were outright illegal.https://www.birthinfo.ie/what-options-do-i-have/access-my-birth-information/illegal-birth-registration
Response from Benny O Loughlin, Assistant Registrar General of Ireland
(who kindly clarified the situation with regards to the correction of the original birth registrations of adoptees)
“If an adoptee receives their pre-adoption original birth registration and finds there are mistakes and omissions in it, can the adoptee correct it?..Yes
Can the adoptee add the father’s name if it is missing if the adoptee has the consent of both mother and father, or DNA from relatives if the father is deceased? Yes.
In Ireland, the birth registration of an adoptee is not treated any differently than other birth registrations in the register of births. Any changes to a birth registration can be made by providing evidence to the General Register Office, and if sufficient evidence is provided to our office to show that there is an error in the birth registration or an omission such as father’s name, it can be amended.
The difficulties an adopted person had in locating their birth certificate were in not being able to provide enough information (such as mother’s maiden name) to locate it. Their birth registration is not hidden from them, its more that it is extremely difficult to locate without the birth mother or father details.”
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