I am looking for some help/direction on how to get a court order to restore my original certificate of birth. I was adopted by my step-father within 9 mos of my fathers death. My mother approved it with good intentions. I am really not looking to undo my life, just that my birth certificate show my natural fathers name. I would rather bring up the details in a court situation, but to simplify it I have not spoken to my step-father in years. It was more of a marriage/family idea. My sister has spoken with my step-father and knows my intentions are just to change my birth certificate. He has accepted the idea.
I was daddy's little girl and he was given custody of me in 1970. How many single fathers were there then? He died in a boathing accident in 1974. I feel only necc to honor his love with this change. Plus my family, my father, my life (on paper) has no connection to my real life. Strange when you look at the details. Also, I would rather my husband and sister be able to make decision on my life if I am not able, not a man that I have not spoken to in years.
With that background, do I need a lawyer? I would rather write the judge a letter and request it. It is not the money so much as I don't want to have to use the legal jargon that may make my step-father look bad, nor do I want to make it bigger than it needs to be. I know it may mean undoing an adoption legally and I know that is next an act of God to get it done after 30 years. The orginal adoption was in cook county, IL.
Thanks for your time,
Rules of the Illinois Department of Public Health
(Cite rules as follows: 2 Ill. Adm. Code 1125)
ILLINOIS VITAL RECORDS CODE
(77 ILL. ADM. CODE 500)
SECTION 500.60 COURT ORDER TO RESTORE ORIGINAL CERTIFICATE OF BIRTH
a. If a court of competent jurisdiction enters a decree or order in which it finds that it is in the best interest of a person for whom a new birth certificate has been established that his or her original birth certificate be restored, the State Registrar, upon receipt of a certified copy of such order or decree, shall restore the original Certificate of Live Birth to its place in the files, and the new certificate and evidence shall not be subject to inspection or certification, except upon order of a court of competent jurisdiction.
b. The copies of the original birth certificate shall be returned by the State Registrar to the custodians of local records who shall replace them in their official file and surrender the copy of the newly prepared birth record to the State Registrar to be sealed from inspection.
(Source: Amended at 15 Ill. Reg. 11706, effective August 1, 1991)