§ 32.1-261. New birth certificate established on proof of adoption,legitimation or determination of paternity.
A. The State Registrar shall establish a new certificate of birth for aperson born in this Commonwealth upon receipt of the following:
1. An adoption report as provided in § 32.1-262, a report of adoptionprepared and filed in accordance with the laws of another state or foreigncountry, or a certified copy of the decree of adoption together with theinformation necessary to identify the original certificate of birth and toestablish a new certificate of birth; except that a new certificate of birthshall not be established if so requested by the court decreeing the adoption,the adoptive parents, or the adopted person if 18 years of age or older.
2. A request that a new certificate be established and such evidence as maybe required by regulation of the Board proving that such person has beenlegitimated or that a court of the Commonwealth has, by final order,determined the paternity of such person. The request shall state that noappeal has been taken from the final order and that the time allowed toperfect an appeal has expired.
3. An order entered pursuant to subsection D of § 20-160. The order shallcontain sufficient information to identify the original certificate of birthand to establish a new certificate of birth in the names of the intendedparents.
4. A surrogate consent and report form as authorized by § 20-162. The reportshall contain sufficient information to identify the original certificate ofbirth and to establish a new certificate of birth in the names of theintended parents.
B. When a new certificate of birth is established pursuant to subsection A ofthis section, the actual place and date of birth shall be shown. It shall besubstituted for the original certificate of birth. Thereafter, the originalcertificate and the evidence of adoption, paternity or legitimation shall besealed and filed and not be subject to inspection except upon order of acourt of this Commonwealth or in accordance with § 32.1-252.
C. Upon receipt of a report of an amended decree of adoption, the certificateof birth shall be amended as provided by regulation.
D. Upon receipt of notice or decree of annulment of adoption, the originalcertificate of birth shall be restored to its place in the files and the newcertificate and evidence shall not be subject to inspection except upon orderof a court of this Commonwealth or in accordance with § 32.1-252.
E. The State Registrar shall establish and register a Virginia certificate ofbirth for a person born in a foreign country and for whom a report or finalorder of adoption has been entered in a court of this Commonwealth when theState Registrar receives an adoption report as provided in § 32.1-262 and arequest that such a certificate be established and registered; however, aVirginia certificate of birth shall not be established or registered if sorequested by the court decreeing the adoption, the adoptive parents or theadopted person if 18 years of age or older. After registration of the birthcertificate in the new name of the adopted person, the State Registrar shallseal and file the report of adoption which shall not be subject to inspectionexcept upon order of a court of this Commonwealth or in accordance with §32.1-252. The birth certificate shall show the true or probable foreigncountry of birth and shall state that the certificate is not evidence ofUnited States citizenship for the child for whom it is issued or for theadoptive parents.
F. If no certificate of birth is on file for the person for whom a newcertificate is to be established under this section, a delayed certificate ofbirth shall be filed with the State Registrar as provided in § 32.1-259 or §32.1-260 before a new certificate of birth is established, except that whenthe date and place of birth and parentage have been established in theadoption proceedings, a delayed certificate shall not be required.
(Code 1950, § 32-353.19; 1956, c. 259; 1960, c. 451; 1972, c. 823; 1977, c.531; 1979, c. 711; 1983, c. 240; 1984, c. 219; 1991, c. 600; 2003, c. 985.)
§ 32.1-261. New birth certificate established on proof of adoption,legitimation or determination of paternity.
A. The State Registrar shall establish a new certificate of birth for aperson born in this Commonwealth upon receipt of the following:
1. An adoption report as provided in § 32.1-262, a report of adoptionprepared and filed in accordance with the laws of another state or foreigncountry, or a certified copy of the decree of adoption together with theinformation necessary to identify the original certificate of birth and toestablish a new certificate of birth; except that a new certificate of birthshall not be established if so requested by the court decreeing the adoption,the adoptive parents, or the adopted person if 18 years of age or older.
2. A request that a new certificate be established and such evidence as maybe required by regulation of the Board proving that such person has beenlegitimated or that a court of the Commonwealth has, by final order,determined the paternity of such person. The request shall state that noappeal has been taken from the final order and that the time allowed toperfect an appeal has expired.
3. An order entered pursuant to subsection D of § 20-160. The order shallcontain sufficient information to identify the original certificate of birthand to establish a new certificate of birth in the names of the intendedparents.
4. A surrogate consent and report form as authorized by § 20-162. The reportshall contain sufficient information to identify the original certificate ofbirth and to establish a new certificate of birth in the names of theintended parents.
B. When a new certificate of birth is established pursuant to subsection A ofthis section, the actual place and date of birth shall be shown. It shall besubstituted for the original certificate of birth. Thereafter, the originalcertificate and the evidence of adoption, paternity or legitimation shall besealed and filed and not be subject to inspection except upon order of acourt of this Commonwealth or in accordance with § 32.1-252.
C. Upon receipt of a report of an amended decree of adoption, the certificateof birth shall be amended as provided by regulation.
D. Upon receipt of notice or decree of annulment of adoption, the originalcertificate of birth shall be restored to its place in the files and the newcertificate and evidence shall not be subject to inspection except upon orderof a court of this Commonwealth or in accordance with § 32.1-252.
E. The State Registrar shall establish and register a Virginia certificate ofbirth for a person born in a foreign country and for whom a report or finalorder of adoption has been entered in a court of this Commonwealth when theState Registrar receives an adoption report as provided in § 32.1-262 and arequest that such a certificate be established and registered; however, aVirginia certificate of birth shall not be established or registered if sorequested by the court decreeing the adoption, the adoptive parents or theadopted person if 18 years of age or older. After registration of the birthcertificate in the new name of the adopted person, the State Registrar shallseal and file the report of adoption which shall not be subject to inspectionexcept upon order of a court of this Commonwealth or in accordance with §32.1-252. The birth certificate shall show the true or probable foreigncountry of birth and shall state that the certificate is not evidence ofUnited States citizenship for the child for whom it is issued or for theadoptive parents.
F. If no certificate of birth is on file for the person for whom a newcertificate is to be established under this section, a delayed certificate ofbirth shall be filed with the State Registrar as provided in § 32.1-259 or §32.1-260 before a new certificate of birth is established, except that whenthe date and place of birth and parentage have been established in theadoption proceedings, a delayed certificate shall not be required.
(Code 1950, § 32-353.19; 1956, c. 259; 1960, c. 451; 1972, c. 823; 1977, c.531; 1979, c. 711; 1983, c. 240; 1984, c. 219; 1991, c. 600; 2003, c. 985.)
§ 32.1-261. New birth certificate established on proof of adoption,legitimation or determination of paternity.
A. The State Registrar shall establish a new certificate of birth for aperson born in this Commonwealth upon receipt of the following:
1. An adoption report as provided in § 32.1-262, a report of adoptionprepared and filed in accordance with the laws of another state or foreigncountry, or a certified copy of the decree of adoption together with theinformation necessary to identify the original certificate of birth and toestablish a new certificate of birth; except that a new certificate of birthshall not be established if so requested by the court decreeing the adoption,the adoptive parents, or the adopted person if 18 years of age or older.
2. A request that a new certificate be established and such evidence as maybe required by regulation of the Board proving that such person has beenlegitimated or that a court of the Commonwealth has, by final order,determined the paternity of such person. The request shall state that noappeal has been taken from the final order and that the time allowed toperfect an appeal has expired.
3. An order entered pursuant to subsection D of § 20-160. The order shallcontain sufficient information to identify the original certificate of birthand to establish a new certificate of birth in the names of the intendedparents.
4. A surrogate consent and report form as authorized by § 20-162. The reportshall contain sufficient information to identify the original certificate ofbirth and to establish a new certificate of birth in the names of theintended parents.
B. When a new certificate of birth is established pursuant to subsection A ofthis section, the actual place and date of birth shall be shown. It shall besubstituted for the original certificate of birth. Thereafter, the originalcertificate and the evidence of adoption, paternity or legitimation shall besealed and filed and not be subject to inspection except upon order of acourt of this Commonwealth or in accordance with § 32.1-252.
C. Upon receipt of a report of an amended decree of adoption, the certificateof birth shall be amended as provided by regulation.
D. Upon receipt of notice or decree of annulment of adoption, the originalcertificate of birth shall be restored to its place in the files and the newcertificate and evidence shall not be subject to inspection except upon orderof a court of this Commonwealth or in accordance with § 32.1-252.
E. The State Registrar shall establish and register a Virginia certificate ofbirth for a person born in a foreign country and for whom a report or finalorder of adoption has been entered in a court of this Commonwealth when theState Registrar receives an adoption report as provided in § 32.1-262 and arequest that such a certificate be established and registered; however, aVirginia certificate of birth shall not be established or registered if sorequested by the court decreeing the adoption, the adoptive parents or theadopted person if 18 years of age or older. After registration of the birthcertificate in the new name of the adopted person, the State Registrar shallseal and file the report of adoption which shall not be subject to inspectionexcept upon order of a court of this Commonwealth or in accordance with §32.1-252. The birth certificate shall show the true or probable foreigncountry of birth and shall state that the certificate is not evidence ofUnited States citizenship for the child for whom it is issued or for theadoptive parents.
F. If no certificate of birth is on file for the person for whom a newcertificate is to be established under this section, a delayed certificate ofbirth shall be filed with the State Registrar as provided in § 32.1-259 or §32.1-260 before a new certificate of birth is established, except that whenthe date and place of birth and parentage have been established in theadoption proceedings, a delayed certificate shall not be required.
(Code 1950, § 32-353.19; 1956, c. 259; 1960, c. 451; 1972, c. 823; 1977, c.531; 1979, c. 711; 1983, c. 240; 1984, c. 219; 1991, c. 600; 2003, c. 985.)
