Congratulations! You have your new baby in your arms — there are only a few steps left. One of the last things to do is amend your little one’s birth certificate.
Amending a birth certificate after adoption in Texas is a crucial step in finalizing the adoption process. This amendment confirms the child’s new identity in the eyes of the law and includes the adoptive parents’ names, accurately reflecting their status as a family.
For adoptive families, it represents the official recognition of their new family structure. While the process may seem complex, it is manageable with good advice.
Understanding the Texas adoption birth certificate amendment process is essential after finalization. Don’t navigate this journey alone: Our newborn adoption agency in Texas is here for you!
Angel Adoption has guided hundreds of Texas families to successful adoptions over the past 27 years. Contact our experts today for personalized guidance. We would be honored to be part of your family’s story.
Understanding Original vs. Amended Birth Certificates in Texas
The Texas adoption birth certificate amendment creates a new legal document; it replaces the original with one that includes the adoptive parents’ names instead of the birth parents’ names.
In Texas, all adoption records are sealed after the adoption is granted in order to protect the child’s privacy. Access to the original certificate is restricted.
To request a sealed adoption record, people must go through the Texas Department of State Health Services and fill out an application, along with several other identifying steps. The Vital Statistics Section (VSS) will only release the record when ordered to do so by the court. Texas-born adoptees cannot access these files until they turn 18 without petitioning the court.
The amended certificate, however, is accessible to the adoptive parents (and the child when they reach adulthood). Texas Vital Statistics is very protective of children’s information in adoption cases.
When to Start the Amendment Process
Timing is important when initiating the Texas adoption birth certificate amendment. Ideally, the process should begin shortly after the adoption is finalized. The amendment application can typically be submitted once the final Decree of Adoption is issued.
To file a new birth certificate, adoptive parents fill out a Certificate of Adoption (VS-160), which is certified by the district clerk’s office. You’ll also need to submit a certified copy of the final Decree of Adoption, plus the court order, and pay the associated processing fees.
When completed by mail, this process takes about six to eight weeks, but this can vary depending on the county. Any incorrect records will be rejected, which can add to the processing timeline.
Some counties may have specific requirements or face internal delays, so it’s important to check local guidelines. You can monitor the status of your pending application with the Vital Statistics Office or by calling 1-888-963-7111.
Required Documentation for the Amendment
Gathering the proper documentation is the first step in Texas to an adoption birth certificate amendment.
Necessary documents can include:
- Final Decree of Adoption: Available from the court handling the adoption.
- Application for Birth Certificate Amendment: Obtainable from Texas Vital Statistics.
- Adoptive Parents’ Identification: Proof of identity for the adoptive parent(s).
- Child’s Original Birth Certificate: Obtainable from the county where the child was born.
You’ll need at least two certified copies of each document (one for submission and one for your records). Non-certified copies won’t be accepted. Common errors include missing signatures, incomplete forms, and submitting uncertified documents.
Completing Form VS-160: Application for New Birth Certificate
To complete the VS-160 form, follow these step-by-step instructions:
- Personal Information: Fill in the adoptive parents’ and child’s details in Sections 1 through 3. You’ll be asked about your child’s name, date of birth, sex, and birthplace. Section 2 asks for the information to be added to the new birth certificate.
- Signature and Notarization: A signature is required after filling out Sections 1 and 2. The adoptive parent(s) must sign, or it won’t be processed. (The notary public’s signature, seal, or stamp must be in Section 7.)
- Attorney or Placing Agency: If you have one, list your adoption attorney of record’s name, phone number, and address. If you worked with an adoption agency, include their information.
- Proof of Court Certification: Only the clerk of the court can fill this out (prior to the adoption).
- Identification: Include your contact info and your relationship with the individual named on the birth certificate. This should take six to eight weeks, but special circumstances may alter the Texas adoption birth certificate amendment process.
To make this process easier, talk to your adoption attorney. They can help handle complex amendments, provide guidance, and offer important assistance.
Special Situations: Interstate, International, and Adult Adoptions
To welcome children born outside Texas into your home, you might need additional documentation — such as the out-of-state adoption decree and proof of the child’s birth. International adoptions require a foreign adoption decree and potentially a translation of documents.
Adult adoption birth certificate amendments involve a slightly different process and may require additional steps. To adopt a legal adult, families must file an Original Petition for Adoption of an Adult and gather proof of identity, like a driver’s license. These files are also sealed.
For all the cases above, extra documentation may be a necessary bridge to cross on your adoption journey, such as proof of residency or a foreign adoption report.
After Submission: What to Expect
Once submitted, the Texas adoption birth certificate amendment typically takes six to eight weeks to process. When the new birth certificate is issued, the Vital Statistics Office will send you two certified copies. If your new documents are delayed or inaccurate, the government will reach out to you about what to fix — an adoption agency can help with this step of the adoption process.
Ordering Additional Copies and Long-Term Management
You can order additional copies of the amended birth certificate from Texas Vital Statistics for a small fee.
Many adoptive parents keep at least three certified copies — one for personal records, one for legal matters, and one for your child’s future use. Store these documents securely in a fireproof and waterproof safe. Your child may need this birth certificate to apply for a driver’s license, passport, school, and more.
Wrapping Up on the Texas Adoption Birth Certificate Amendment
Completing your Texas adoption birth certificate amendment is a significant milestone in your adoption journey.
While this process can have its challenges, it is manageable. For parents going through this multi-step checklist, it’s important to stay organized and ask for help from the experts when you need it.
Your adoption journey deserves the guidance of true experts. Angel Adoption has helped hundreds of Texas families successfully build their forever families over the past 27 years. Our experienced team understands the unique challenges and opportunities of Texas adoptions.
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