Once an Arkansas adoption is finalized, the court sends an order to the Department of Health. The State Registrar of Vital Records issues a new birth certificate for the child, showing the adoptive parents as the parents. If the child’s name is changed, that change is reflected in the new birth certificate. Original birth certificates for adopted kids are sealed and kept in the registrar’s files, but are replaced for all regular uses by the new birth certificate.
Can the family keep the old birth certificate?
The court, the adoptive parents, or the person being adopted can specifically ask the vital records office not to make a new birth certificate. The old birth certificate will, in that case, remain in force and the family can keep it. Unless these individuals make that request, the registrar will issue a new birth certificate with the new information.
The original birth certificate is sealed and filed. It is not available to anyone without a court order.
Can the adopted child see the original birth certificate?
Once they are 18 years old, adopted people can request their original birth certificate. In Arkansas, birth parents can keep their identifying information private. The adoptee can see the birth certificate, but not the names of the birth parents. Birth parents can also say ahead of time whether they want future contact with a relinquished child or not.
Work-arounds are possible. For example, in a case of a medical emergency or some other extreme need, the birth mom’s name could be given to a third party, who can contact her and ask permission to share contact details or identifying information. However, even with access to an original birth certificate, the information may be unknown or not provided.
There is controversy right now over whether adult adoptees should be able to see their original birth certificates or even adoption records nd files. Arkansas Is a partial access state, but the laws can change over time. A child adopted now could have different options at are 18.
Are birth certificates for adopted children proof of citizenship?
In a sense, yes. That is, the new birth certificate will show where the child was born. In the United States, and other countries with birthright citizenship, being born in a country confers citizenship. If the birth certificate says Kyle Smith was born in Fayetteville, Arkansas, then it proves that Kyle is a U.S. citizen.
In cases of international adoption, it’s more complicated. The new birth certificate will still show place of birth, but not all countries have birthright citizenship. If Kyle was born in China, that doesn’t mean he’s a Chinese citizen. His Arkansas birth certificate will say that it is not proof of U.S. citizenship. Once he is naturalized, he will have a Certificate of Citizenship which will prove U.S. citizenship. Getting the new certificate for adopted children does not mean that the child is a U.S. citizen.
Adoption law is complicated. Your Arkansas adoption lawyer can help sort it out. Heimer Law specializes in adoption.
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