Where should I file if the birth and adoption were in one county and state, but we now live in another state? – North Carolina

Short Answer

Under North Carolina law, a court in the state (and usually the county) that has the adoption and vital records typically has authority to order a correction to an adopted child’s birth certificate, even if the family now lives elsewhere. In many cases, that means filing a special proceeding with the clerk of superior court where the adoption was entered or where the child’s birth record is kept, then having that order sent to the state vital records office that issued the certificate. Exact venue can vary when the birth or adoption occurred outside North Carolina, so careful review of both states’ rules is important.

Understanding the Problem

The question here is: when an adopted child’s birth date is wrong on the birth certificate, and the child was born and adopted in one state and county but the family now resides in another state, which court and county have authority to order that correction? This comes up often where a child was born on a military base, adopted in the same or another state, and the adoption records and original birth certificate are sealed. Vital records may advise that a court order is required, while the local register of deeds or county office says it cannot access the amended or original certificate. The core issue is which North Carolina court, if any, can issue an order that the original issuing state’s vital records office will honor, and how venue and jurisdiction work when different states and counties are involved.

Apply the Law

North Carolina separates two questions: which court has power (jurisdiction) over adoption and vital records issues, and which county is the proper place (venue) to file. For adoptions, the clerk of superior court hears special proceedings under the adoption statutes. For vital records, the State Registrar and the statutes governing correction and amendment of birth certificates control when and how a new or corrected certificate can be issued, and when a court order is needed. When a birth or adoption occurred in another state, North Carolina courts are generally limited to issuing orders that can be transmitted to, and accepted by, the other state’s vital records office, if that state’s law allows it.

Key Requirements

Court of competent jurisdiction: A North Carolina clerk of superior court, or in some situations a district or superior court judge, must have legal authority over the type of order requested (for example, a judgment finding correct facts of birth or clarifying prior adoption findings).
Proper venue: The petition or special proceeding is usually filed either where the adoptee or petitioner currently resides, where the adoption proceeding was held, or where state law says birth-related special proceedings must be filed.
Link to the State Registrar or issuing state: Any order that changes or clarifies facts on a birth certificate must be in a form that the State Registrar (if the birth was in North Carolina) or the other state’s vital records office will accept as authority to amend the certificate.

What the Statutes Say

N.C. Gen. Stat. § 130A-106 (Establishing fact of birth) – allows a person born in North Carolina without a recorded certificate to petition the clerk of superior court in the county of residence or birth to judicially establish date, place, and parentage.
N.C. Gen. Stat. § 130A-118 (Amendment of birth certificates) – governs how the State Registrar amends or creates new birth certificates, including when a court judgment, order, or decree provides different or additional information about parentage or other facts.
N.C. Gen. Stat. ch. 48 (Adoption) – places adoption jurisdiction in the clerk of superior court and provides that adoption decrees and related reports go to the State Registrar, who maintains sealed adoption-related birth records.

Analysis

Apply the Rule to the Facts: The facts describe a child born on a military base with an adoption completed in one state, with that state’s vital records now stating that a court order is required before correcting the birth date. Under North Carolina law, if the child was born and adopted entirely in another state, the primary authority to correct the certificate stays with that state’s courts and vital records office. A North Carolina clerk of superior court may, however, be able to enter an order confirming the correct date of birth or clarifying adoption details if North Carolina now has jurisdiction over the adoptee or the adoptive parent, but that order still must be accepted by the original state’s vital records according to that state’s rules. When the child was actually born in North Carolina or when North Carolina issued the current certificate of identification, a petition or special proceeding in a North Carolina county tied either to the child’s birth, abandonment, or current residence can give the clerk authority to find the facts and forward an order to the State Registrar.

Process & Timing

Who files: Typically an adoptive parent or the adoptee (if an adult). Where: If the child was born in North Carolina, a verified petition to establish or correct facts of birth usually goes to the clerk of superior court in the county of the petitioner’s legal residence or the North Carolina county of birth. If the birth and adoption were in another state, a petition to correct the certificate is normally filed in that original state’s court of competent jurisdiction as defined by that state’s adoption or vital records laws. What: A special proceeding or motion seeking a judgment establishing or correcting the facts of birth, supported by evidence (such as medical records, military base records, or adoption files). When: There is often no strict statute of limitations for correcting a vital error like a birth date, but filing soon after discovering the error makes it easier to gather records.
The clerk or judge reviews the petition, sets a hearing date, and takes sworn testimony or documentary evidence to confirm the correct date of birth and any other disputed facts. Timeframes vary by county, but a hearing is often scheduled within several weeks to a few months, depending on the court’s calendar and how quickly records can be obtained from the military base, the adoption court, or the prior state.
After the hearing, the court enters a written order or judgment stating the correct birth information or clarifying adoption-related findings. The clerk then certifies and sends that order to the State Registrar if North Carolina issued the record, or to the appropriate official in the state that issued the existing birth certificate, so that office can amend the record according to its procedures. The final outcome is a corrected or newly issued certificate reflecting the accurate birth date.

Exceptions & Pitfalls

When the birth and adoption were both in another state, that state’s law usually controls how and where to correct the certificate; filing only in a North Carolina county may not give the needed authority to change another state’s record.
Sealed adoption records create confusion; the register of deeds may not have access, and only the State Registrar or a court order can open or use those records. Petitions should clearly reference the adoption file, case number (if known), and the need for limited access to verify the correct birth date.
Vital records offices often reject court orders that are vague or do not clearly direct what change to make. The order should state the exact incorrect and correct information so the State Registrar or other state’s vital records can amend the certificate without guessing.

Conclusion

For an adopted child whose birth and adoption occurred in one state and county, the court of that state—often the same county where the adoption was finalized or where the birth record is held—usually has primary authority to order a correction to the birth certificate, even if the family now lives in North Carolina. When North Carolina issued the current certificate or identification record, a special proceeding with the clerk of superior court in a county authorized by statute, followed by certified transmission of the order to the State Registrar or other state’s vital records, is the key next step.

Talk to a Family Law Attorney

If a child’s adopted birth certificate has the wrong birth date and multiple agencies are pointing to each other, our firm has experienced attorneys who can help determine the proper court and state to file in and work with vital records to seek a correction. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.