Tag Archive for: adoption decree

Obtaining a New Birth Certificate After Adoption

After your adoption hearing, you will still need to take a few steps to obtain a new birth certificate. A Certificate of Adoption is forwarded by the court to Vital Records to alert them the adoption was finalized. You would then contact Vital Records with a request for a new birth certificate and submit the applicable fee. Pennsylvania presently charges $20 for a new birth certificate, unless you are a military member, in which case the fee can be waived. The adoptive parents’ names and child’s name after adoption should be included in the application for birth certificate. The completed application, ID and payment would then go to Vital Records.

Processing times for receipt of the new birth certificate vary. The average time for adoptions is currently five (5) weeks. These steps are for a child born in Pennsylvania. If the child was born in another state, the Certificate of Adoption would be forwarded to Vital Records in the state where the child was born. You would need to follow that state’s procedures for obtaining a new birth certificate. For additional information on requesting a new birth certificate through Pennsylvania visit: https://www.health.pa.gov/topics/certificates/Pages/Birth-Certificates.aspx

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Finality of Adoption

Adoptions are permanent, so prospective adoptive parents should understand exactly what they are taking on before beginning the process. Adoption will establish all the legal rights, duties and responsibilities as exist for natural born children. Those rights and duties include, but are not limited to, the right of the child to inherit through you and your family, the legal obligation to financially support the child, the right of the child to seek support from you, the principle that these rights and duties would continue if you and your spouse separate or divorce as well as if the child develops any physical, psychological problems or becomes ill or disabled for any reason in the future.

At the final adoption hearing, your attorney and/or the Judge will confirm whether you understand the legal consequence of finalizing the adoption matter. You will also need to submit any additional documentation required by law that has not already been filed with the court. For example, certification of service for any interested parties, original birth certificate, background checks for prospective parents, home study report or Act 101 notices. The hearing is intended to be a happy occasion. Other family members and friends can attend along with the prospective adoptee and parents. The Judge presiding over the case will often allow for pictures at the conclusion of the proceedings.

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Adoption Hearing

One of the final steps in the adoption process is the adoption hearing. The hearing is often ceremonial in nature. It is common for family and friends to attend along with the prospective adoptee parents. The adoptee(s) must be present as well. At the hearing, the Petitioners should be prepared to show all legal requirements for an adoption have been met. Any documents that were attached to your original petition or subsequently filed with the court should already be in the court file (i.e. original birth certificate, background checks, home study report.) Additional requirements may include service on the opposing party in which case you should be sure to have valid proof of service with you for your hearing.

As adoption is permanent, there are some questions to make sure the prospective adoptive parents understand exactly what they are taking on. For example, prospective parents will be asked if they understand the adoption confers all the legal rights and duties between a parent and child that the law provides for natural born children. Those rights and duties include, but are not limited to, the right of the child to inherit through you and your family, the legal obligation to financially support the child, the right of the child to seek support from you, the principle that these rights and duties would continue if you and your spouse separate or divorce as well as if the child develops any physical, psychological problems or becomes ill or disabled for any reason in the future.

The Judge presiding over the case will often allow for pictures at the conclusion of the proceedings. As a family member or friend, you can bring gifts or card however, the court has a strict no balloon policy. After receiving the final decree of adoption, you can follow up with getting a new birth certificate for the adoptee.

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