Question Presented
Is there sufficient evidence presented to change the foreign-born adoptees’ dates
of birth?
Short Answer
Yes. Washington State law allowed the court to change the foreign-born adoptees’ dates
of birth through court order upon a clear showing of error in the original documents.
Based on the information provided, that standard is met.
Background
Washington State residents S~ and K~ (“Parents”) adopted four Ethiopian-born children
in Ethiopia on an unknown date. The children, B~ (f/k/a B~ and B~, S2~(f/k/a S2~ and
S2~), C~ (f/k/a C~ and C~), and K2~ (f/k/a K2~ and K2~) (collectively, “Children”),
are residents of the State of Washington. In 2008, the Children received Social Security
cards. On March XX, 2012, a Washington State Superior Court judge issued a re-adoption
decree, changing the Children’s names and dates of birth. On March XX, 2012, the Washington
State Department of Health issued birth certificates for the Children with information
consistent with the re-adoption decree. On May XX, 2013, the Parents applied for name
and date of birth changes for their Children to reflect the Children’s names and dates
of birth in the State court order and birth certificates. The Parents provided a letter
explaining that the dates of birth listed in the documents provided in connection
with the original Social Security card applications were incorrect.
Discussion
Social Security Regulations require an individual requesting a change in the personal
identifying information (e.g., date of birth) previously submitted in connection with
a Social Security Number (SSN) application to submit documentary evidence that the
Commissioner of Social Security regards as convincing. See 20 C.F.R. §§ 422.107(a), (b), 422.110. For foreign-born adoptees, the Accuracy for
Adoptees Act requires that Federal agency documents reflect the child’s name and date
of birth as shown on a State court order or State vital records document issued by
the child’s State of residence after the child has been adopted or re-adopted in that
State. See Pub. L. No. 113-74, 127 Stat. 1212 (amending Section 320 of the Immigration and Nationality
Act, 8 U.S.C. § 1431(c)). Emergency Message 14023 (EM-14023) provides instructions
for processing SSN applications affected by the Accuracy for Adoptees Act.
Emergency Message 14023
Pursuant to EM-14023, when a document issued by a State is presented as evidence to
establish a date of birth different from what is shown on the child’s other evidence
of age documents, the Regional Chief Counsel opinion should provide the following
information:
1) whether the State has the authority under state law to change a foreign-born individual’s
date of birth through a state court order;
2) the State legal requirements to change a date of birth;
3) whether the court order needs to list the supporting documentation of the change
of date of birth on the state court order;
4) if the State has the authority to change a date of birth, the documents the State
issues as proof of the change of date of birth; and
5) whether the State issues a Certificate of Foreign Birth, Certificate of Birth Abroad,
or other Bureau of Vital Statistics (BVS) document as proof of change of date of birth.
If the State issues the document under a different title, identify the name of the
document.
See EM-14023.F.1.
Washington Law
To provide the information required under EM-14023, we looked to Washington adoption
law because the documents presented as evidence of dates of birth are a Washington
State re-adoption decree and Washington State birth certificates, and the Children
are residents of the State of Washington. See 8 U.S.C. § 1431(c).
1) whether the State has the authority under State law to change a foreign-born individual’s
date of birth through a court order.
Under Section 26.33.250 of the Revised Code of Washington (RCW), Washington State
Superior courts have the authority to change a foreign-born individual’s date of birth
through a decree of adoption or re-adoption.
2) what are the State legal requirements to change a date of birth.
To change a foreign-born individual’s date of birth through a decree of adoption or
re-adoption, Washington State law requires “a clear showing that the information in
the original record is erroneous.” RCW § 26.33.250(2). Thus, unless the Court is satisfied
that there has been a clear showing that the information in the original record is
erroneous, the Court must enter into the decree the date of birth exactly as it appears
on that original record.
3) whether the court order needs to list the supporting documentation of the change
of date of birth on the State court order.
No. The court order does not need to list the supporting documentation. RCW § 26.33.250.
Furthermore, once the decree issues, all of the supporting documentation will be placed
under seal. RCW § 26.33.330(1).
4) what are the documents the State issues as proof of the change of date of birth.
The State court will issue a decree after the child has been adopted or re-adopted,
ordering a change of date of birth. RCW § 26.33.250. The state registrar of vital
statistics, acting under the authority of the Department of Health, will issue a new
certificate of birth reflecting the information contained in the decree. RCW § 26.33.290(3).
5) whether the State issues a Certificate of Foreign Birth, Certificate of Birth Abroad,
or other BVS document as proof of change of date of birth. If the state issues the
document under a different title, identify the name of the document.
As noted, the State of Washington issues a certificate of birth. “Unless the court
orders otherwise, the certificate of birth shall have the same overall appearance
as the certificate which would have been issued if the adopted child had been born
in the state of Washington.” RCW § 70.58.210(2).
Analysis
The documents presented are sufficient evidence to change the Children’s dates of
birth. The Washington State Superior Court had the authority to change the Children’s
dates of birth in a decree of re-adoption upon “a clear showing that the information
in the original record is erroneous.” RCW § 26.33.250(2). According to the letter
submitted by the Parents, the dates of birth listed in the records originally provided
to the Agency were incorrect. The Washington State Superior Court altered the Children’s
dates of birth in the decree of re-adoption. The registrar of vital statistics had
the authority to issue new birth certificates reflecting the information contained
in that decree. Pursuant to the Accuracy for Adoptees Act, Agency documents should
reflect the Children’s dates of birth as shown on these State-issued records.
Conclusion
It is our opinion that the Agency may rely on the documents presented as evidence
to establish different dates of birth.