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  1. #1
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    Default Adopt My Own Child After I Have a Legal Name Change

    My question involves adoption law for the State of: Idaho
    I have gone through a legal change of name and gender, and wish this to be reflected on my childrens birth certificates. The issue is that Idaho doesn't allow name changes except for the child, or process of adoption.

    So my question is, can I adopt my own children in order to update myself as the second mother and change my name on their certificates?

  2. #2
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    Apr 2019
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    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Quote Quoting Natb
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    My question involves adoption law for the State of: Idaho
    I have gone through a legal change of name and gender, and wish this to be reflected on my childrens birth certificates. The issue is that Idaho doesn't allow name changes except for the child, or process of adoption.

    So my question is, can I adopt my own children in order to update myself as the second mother and change my name on their certificates?
    No, because that would mean you were adopting the children from yourself...which is not legally possible. How old are the children?

  3. #3
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    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Quote Quoting Natb
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    So my question is, can I adopt my own children in order to update myself as the second mother and change my name on their certificates?
    No. Adoption is not what you need here. Adoption is the process of becoming the legal parent to the child. You are already the legal parent of the child, so an adoption would not change your legal relationship to the child. Since you are already legally their parent the adoption process would not change anything for you and the court would dismiss it. Besides, adoption wouldn't change the notation of your gender on the kid's birth certificate.

    You can get the kid's names changed by going through the court name change process. That part isn't a problem, so long as both parents agree. And at least prior to July 1 you could get your gender changed on your own birth certificate simply by contacting the Idaho Office of Vital Records. State law now prohibits that (though legal challenges are pending) but perhaps the Office would still amend your children's records to reflect a change for you as their mother instead of father. If you've not asked the Office about that, give that a try. If they won't do that, consult a family law attorney to see if you have any other recourse.

    It may be that you'll be unable to amend their birth certificates. They are a record of how things were at the time of birth. At the time, you were their father. But while you undoubtedly would like old records updated to be consistent who you now are, those old records don't define who you are and they certainly don't affect your relationship with your children. Don't let whatever those old records say get you down.

  4. #4
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    Jul 2018
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    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Quote Quoting Natb
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    So my question is, can I adopt my own children
    No.

    As far as the birth certificate, if it identifies you as the child's father, that's accurate, and there's no conceivable reason to change it. Does it actually say "Father: John Smith, Male"? I doubt it. The point of the birth certificate is to identify the woman out of whose vagina the child emerged into the world. Your gender change doesn't suddenly make you a "mother" in terms of the child's birth.

    All that said, you can consult with a local attorney to see if someone wants to try and make new law (assuming you're willing to pay the necessary fees).

  5. #5
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    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Father is in reference to a male parent. I am not a male parent. Mother/father are not strictly the only parents allowed. Last year a woman in a same sex relationship won a case against the state to allow her to be on the birth certificate. Mother/mother is not unheard of. Mother on a birth certificate does not always equate to giving birth, especially when considering legal adoption.

  6. #6
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    Oct 2006
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    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Quote Quoting Natb
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    Father is in reference to a male parent. I am not a male parent. Mother/father are not strictly the only parents allowed. Last year a woman in a same sex relationship won a case against the state to allow her to be on the birth certificate. Mother/mother is not unheard of. Mother on a birth certificate does not always equate to giving birth, especially when considering legal adoption.
    When your child was born you were the child's biological father. That has not changed. Your gender has changed. Not what existed when the child was born. You can certainly try to challenge existing law..and try to make landmark decisions. However the reality of things is that you were male when the children were born.

  7. #7
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    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Quote Quoting Natb
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    Father is in reference to a male parent. I am not a male parent.
    By this logic, after you die, the birth certificate should be changed to reflect your death. The point of the birth certificate is to provide a record regarding the birth of the child, and the fact remains that the child was born as a result of your sperm merging with the mother's egg. That makes you the father.

    Do you also want to go back and force your elementary school to reissue your report cards to identify you as "F" rather than "M"?

    SMH

  8. #8
    Join Date
    Apr 2019
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    119

    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Quote Quoting Natb
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    Father is in reference to a male parent. I am not a male parent. Mother/father are not strictly the only parents allowed. Last year a woman in a same sex relationship won a case against the state to allow her to be on the birth certificate. Mother/mother is not unheard of. Mother on a birth certificate does not always equate to giving birth, especially when considering legal adoption.
    An adoption, with the exception of step-parent adoption, takes away the parental rights of BOTH parents. It is absurd to think one can adopt their own biological and legal child(ren). BUT! Even IF one could do such a thing, the mother would have to give up her parental rights and that is unlikely to happen.

    You never did answer the question of the childrens age. How old are the children?

  9. #9
    Join Date
    Aug 2020
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    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Quote Quoting pg1067
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    By this logic, after you die, the birth certificate should be changed to reflect your death. The point of the birth certificate is to provide a record regarding the birth of the child, and the fact remains that the child was born as a result of your sperm merging with the mother's egg. That makes you the father.

    Do you also want to go back and force your elementary school to reissue your report cards to identify you as "F" rather than "M"?

    SMH
    You are making an assumption because I am listed as father that means I provided sperm. I have been through a step child adoption already. So the record from the point in time has already been modified. I referenced that a case was won last year two list two women, the mothers of a child in Idaho. My change of gender and name was done legally. Death is another legal process which that would simply state my passing and is its own document. I donít believe mocking me is in order here on a forum for legal advice.

  10. #10
    Join Date
    Feb 2020
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    681

    Default Re: Adopt My Own Child After I Have a Legal Name Change

    Quote Quoting Natb
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    You are making an assumption because I am listed as father that means I provided sperm. I have been through a step child adoption already. So the record from the point in time has already been modified. I referenced that a case was won last year two list two women, the mothers of a child in Idaho. My change of gender and name was done legally. Death is another legal process which that would simply state my passing and is its own document. I donít believe mocking me is in order here on a forum for legal advice.
    Oh, he is all about mocking people here...and he calls himself a lawyer too.

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