Wisconsin readers may be surprised to learn that some parents of adopted children born internationally are given inaccurate birth dates for their children. In some cases, the dates are off by a number of years. Parents with children that are found to be a different age than the date listed on their birth certificates may encounter a host of complications including confusion over which grade to place them in school. As children grow older, conflicting birth dates can create significant problems for adoptees including allegations of identity fraud and issues with school placement.
It can be difficult to resolve the issue because, although there is a state court process in place that will allow a family to request an amended birth date, federal agencies currently do not accept the changes. Adoptive parents can present state courts with educational dental and medical evidence to support the amended dates request, but this leaves the children with conflicting federal and state records.
The Accuracy for Adoptees Act, which is currently awaiting a signature from President Barack Obama, seeks to require federal agencies to accept state-court determined birth dates. The act was introduced into legislation in October and received support from both Republican and Democratic lawmakers. Congress approved the bill just in time for the holiday break.
The process of adopting a child internationally can be very complex as it is subject to state and federal laws and regulations as well as the laws and regulations in the child’s birth country. An attorney with experience in family law may be able to assist prospective adoptive parents to avoid legal entanglements and help ensure a smooth and accurate adoption process.
Source: USA Today, “Law aims to address adoptees’ birth date problems“, Kim Mulford, January 14, 2014