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  #1  
Old 05-25-2009, 04:19 PM
ArkAyngyl ArkAyngyl is offline
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Obtaining an Adoption Decree

Hello to all,
I'm Sabrina and so glad i came across this site after tons of research on my topic and not much found on this subject. I am looking forward to interacting with the group, seems like a lot of support here from many knowledgeable folks.

My parents adopted my son back in 1982...yes I know that's a long time ago but what I would like to do is get a copy of the original adoption decree and all documents involved in the adoption.
When my parents adopted my son I never received anything in the mail about the adoption, no phone calls not anything at all. I don't even know for sure if the adoption really took place being my mother is not a truthful person.

Any help would be greatly appreciated in this matter,

Thank you,
Sabrina
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  #2  
Old 05-26-2009, 05:42 AM
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kakuehl kakuehl is offline
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I have no help to offer... I have no clue. I can tell you I have no papers from my bson's adoption in 1972. The only paper work I have is the hospital bill!

I hope someone else will have answers for you.
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  #3  
Old 05-26-2009, 06:59 AM
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When I adopted my grandson no paperwork was provided to the birthparents. The adoption papers were signed by the judge and given to my lawyer, who walked them to the clerks office, filed them, and applied for the new birth certificate. Once the clerk receives the records, they are sealed.
If your son has a new birth certificate, showing his grandmother as his "mother" then you can be certain the records were signed and filed. However, I believe it requires a judge's order to get adoption records unsealed.
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  #4  
Old 05-26-2009, 07:44 AM
jp4ga jp4ga is online now
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You should have enough information to get a copy of the BC sent to you. If his name was changed and your parents are listed as the parents you can be sure the adoption was finalized.

I do not think that bparents receive copies of the final adoption decrees or other adoption related paperwork. Also, if the adoption was closed you will not be able to get copies of this paperwork.

Is there a chance that your son has access to the paperwork?
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  #5  
Old 05-26-2009, 07:54 AM
ArkAyngyl ArkAyngyl is offline
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Quote:
Originally Posted by kakuehl
I have no help to offer... I have no clue. I can tell you I have no papers from my bson's adoption in 1972. The only paper work I have is the hospital bill!

I hope someone else will have answers for you.

Thank you Kathy for your input. I never received and papers on my sons adoption either.

Sabrina
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  #6  
Old 05-26-2009, 08:12 AM
ArkAyngyl ArkAyngyl is offline
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Quote:
Originally Posted by MamaS
When I adopted my grandson no paperwork was provided to the birthparents. The adoption papers were signed by the judge and given to my lawyer, who walked them to the clerks office, filed them, and applied for the new birth certificate. Once the clerk receives the records, they are sealed.
If your son has a new birth certificate, showing his grandmother as his "mother" then you can be certain the records were signed and filed. However, I believe it requires a judge's order to get adoption records unsealed.

Hi MamaS,
I would think that the birth parent (s) would at least receive some type of document showing they are giving up parental rights and allow the adoption. I mean it's not anyone can walk into a lawyers office or adoption agency and say I want to adopt my grandson and bam!...papers are drawn up, sign here and the child is yours.
There's got to be something the birth parents have to sign stating they are giving up thier parental rights to the child.

My plan is going to the Texas Vital Statistics to see if I can get a copy of my sons birth certificate. If my son has been adopted then I might not be able to get the birth certificate......if this is the case, then maybe the birth certificate has been change and the adoption did take place.....who knows but it's worth a try.

I am not to sure what the laws are here in Texas on adoption decrees, but I'll do more searching on this and hopefully I can get copies of the decree.

Thank for you reply,
Sabrina
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  #7  
Old 05-26-2009, 08:17 AM
ArkAyngyl ArkAyngyl is offline
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Quote:
Originally Posted by jp4ga
You should have enough information to get a copy of the BC sent to you. If his name was changed and your parents are listed as the parents you can be sure the adoption was finalized.

I do not think that bparents receive copies of the final adoption decrees or other adoption related paperwork. Also, if the adoption was closed you will not be able to get copies of this paperwork.

Is there a chance that your son has access to the paperwork?

Hi Debbie,
That's my next step to try to get a copy of my sons birth certificate at the Texas Vital Statistics. The adoption decree, I would think both parties involved in the adoption birth parents and the adoptor would get the adoption decree papers. I will find out tho.

Thanks so much for your reply,
Sabrina
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  #8  
Old 05-26-2009, 08:49 AM
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BrandyHagz BrandyHagz is offline
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The adoption decree, I would think both parties involved in the adoption birth parents and the adoptor would get the adoption decree papers. I will find out tho.

You wouldn't get a copy of the decree. Termination of Parental Rights is a separate issue in most cases (and is for sure in Texas) - your rights were terminated long before the adoption took place (in some cases, up to a year after the termination) - so at the time of the adoption, you weren't a party to the adoption – it was between the adoptive parents and the agency/attorney who was awarded temporary custody at the TPR hearing.

In Texas, the only “paperwork” you get a copy of is the copy of the Termination of Parental Rights – and only then, do you get it if you ask for a copy and the only copy you get is the copy you can ask for before it is filed with the courts.

Additionally, you’re likely not going to be able to get a copy of the child’s current and valid birth certificate, because there is no legal relationship between you and the child that would allow you to gain access to information like that, most especially if he or she is a minor.

Your child, however, can request a copy of his or her original birth certificate, provided he or she provides all of the information that would have been present on the OBC (your name, the name of the birth father, if he was listed and the place of birth/date of birth) and is over the age of 18.
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  #9  
Old 05-26-2009, 08:58 AM
ArkAyngyl ArkAyngyl is offline
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Quote:
Originally Posted by BrandyHagz
You wouldn't get a copy of the decree. Termination of Parental Rights is a separate issue in most cases (and is for sure in Texas) - your rights were terminated long before the adoption took place (in some cases, up to a year after the termination) - so at the time of the adoption, you weren't a party to the adoption – it was between the adoptive parents and the agency/attorney who was awarded temporary custody at the TPR hearing.

In Texas, the only “paperwork” you get a copy of is the copy of the Termination of Parental Rights – and only then, do you get it if you ask for a copy and the only copy you get is the copy you can ask for before it is filed with the courts.

Additionally, you’re likely not going to be able to get a copy of the child’s current and valid birth certificate, because there is no legal relationship between you and the child that would allow you to gain access to information like that, most especially if he or she is a minor.

Your child, however, can request a copy of his or her original birth certificate, provided he or she provides all of the information that would have been present on the OBC (your name, the name of the birth father, if he was listed and the place of birth/date of birth) and is over the age of 18.

Hi Brandy Hagz,
Well I just got off the phone with my lawyer and he told me I can get a copy of the adoption decree being I'm the birth parent of my son.

I don't know why I didn't contavt him before I went thu all this searching...whew what a relief!

Thanks so all who replied,
Sabrina
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  #10  
Old 05-26-2009, 09:04 AM
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Interesting, that isn't usually the case - good luck!
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Old 05-26-2009, 10:32 AM
jp4ga jp4ga is online now
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If you do get a copy do not be surprised if all of the important stuff is blacked out. I know that when we adopted our daughter that the bmom received no paperwork after her termination court date.

When I called to get an additional official copy I got a big run around. I wanted 2 copies one to keep at home in our safe and one for our bank saftey deposit box.
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  #12  
Old 05-26-2009, 12:53 PM
ArkAyngyl ArkAyngyl is offline
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Quote:
Originally Posted by jp4ga
the bmom received no paperwork after her termination court date.

When I called to get an additional official copy I got a big run around. I wanted 2 copies one to keep at home in our safe and one for our bank saftey deposit box.

Hi jp4ga,
See this is what baffles me about this whole adoption thing my parents claimed they did. For one I never got a "Termination Court Date" I didn't receive any type opf paper work what-so-ever on this adoption. Being my mother is not a truthful person I won't be suprised if this is just another lie she has had me and everyone believe over all these years.

I just want to get to the bottom of the whole ordeal even tho it's been 20 some odd years later.
It's in my lawyers hands now and we will see what he can come up with. He also said this whole story about this adoption sounds awful fishy to him and it may not have taken place...so we will see.

Thanks for your reply,
Sabrina
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  #13  
Old 05-26-2009, 12:59 PM
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BrandyHagz BrandyHagz is offline
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Sabrina,

I also placed my child for adoption in Texas - it seems odd to me that your attorney would think it would be 'fishy' for you to not get anything - because in Texas, once you've signed the papers (in front of a witness) it's done. Texas isn't a 'court state' - you don't go to court, ever, during any portion of the process. Everything that involves you is done in front of a witness and a notary…and can be done on a park bench, for all it’s worth.

I would hate to think your attorney is getting your hopes up…is this attorney well versed in matters related to adoption and family law in Texas?

I placed my daughter just 13 years ago and I walked out of the office where I signed without a single sheet of paper – I have no documents at all.

I really DO hope you get the answers your seeking – I honestly do – and if you do, I hope you’ll come back and share your process with others who might be in the same shoes as you…but your story sounds the same as many other birth parents here on the forums and in the adoption community abroad.
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  #14  
Old 05-26-2009, 01:03 PM
ArkAyngyl ArkAyngyl is offline
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Quote:
Originally Posted by BrandyHagz
because in Texas, once you've signed the papers (in front of a witness) it's done.

Hi BrandyHagz,
That's just it....I never signed any papers.
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  #15  
Old 05-26-2009, 01:43 PM
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My grandson's parents never signed any papers either. In fact, they were never served notice of TPR. It was published in the legal section of the county paper in the county in which the adoption was taking place. (Which was NOT the county where either birth parent was living at the time.) This is legal in Georgia. Your parents could have had their lawyer publish a two paragraph legal notice (with the child's and bio-parents' initials) once a week for four weeks and that serves as legal notice whether you see it or not.
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