My brother and his present girlfriend have been reunited with there "birthdaughter" who is 23 yrs old now -she was given up for adoption in 1985. Due to personal issues the mother of the child did not include my brothers name on the birth certificate and told him about the baby "after" she was given up for adoption. Now that they have been reunited with there daughter -Both she and her "birth" Mother want to change the original birth certificate that says "father unknown" to include my brothers name.

I have 2 questions to anyone that would know - 1. The baby was born in the State of NY in 1985 and living in NJ - When they petition a court either in NY or NJ - Will my brother and his "daughter" be required by Law to have a DNA test in order to add his name on the birth certificate? and 2. Even though she was legally adopted Who is the one that has to petition the court to add his name on the original birth certificate and because she was born in the State of NY-does it have to be petitioned here?

It has to be changed ( if he could be) in the original state.

The child was legally adopted, there is no birth certificate with the original mothers name that is a legal certificate. The adopted parents have the "real" birth certificate with their names on it.

So basically this is a mute issue, since the original birth certificate is void.

The other thing about this that stuck me as odd is that if the birth mother knew who the birth father was and he wasn't involved in the adoption process, she could be in trouble because an adoption cannot proceed without both parent's consent. I've no idea what the SOL is on this, but it's a can of worms that I would avoid opening.

The other thing about this that stuck me as odd is that if the birth mother knew who the birth father was and he wasn't involved in the adoption process, she could be in trouble because an adoption cannot proceed without both parent's consent. I've no idea what the SOL is on this, but it's a can of worms that I would avoid opening.

Although this statement is true under normal conditions many states are involved in " drop off " laws where if a child is turned over to a hospital or firehouse or someplace safe they don't really have to answer questions they take the child and adopt them out. Most laws that involve that are newer laws on the books but there is a chance something simaler could have taken place here.

http://www.csmonitor.com/2003/0724/p14s02-lifp.html