Wrong parents on my birth certificate

Dear Mrs Macaulay,

I am now 24 years old. I grew up with the names of non-biological parents on my birth paper. I always wondered why my actual mother was not represented on my birth certificate. Based on this fact, my real father didn’t show concern or support me because I didn’t have his name on my birth paper. It has hampered my life in that I couldn’t get a passport until 18. This has caused me not to run (track)for Jamaica in my junior years. The persons represented on my birth certificate are US citizens. No real adoption was done so there is just the names on the paper. I would just like to know if anything can come out of this as I would like closure. My ‘parents’ didn’t follow through to make things legal before they left for the US.

Your situation is very interesting and I must admit that this is the first time I have ever heard anything like it. You say you grew up with these people’s names on your birth certificate as your parents but you did not say who you actually lived and grew up with.

Was it your biological mother? If so, why do you say you always wondered why your mother was not on your birth certificate as such, rather than ask her? Where is she now? Where is your biological father? Will both of them agree to help you to rectify the ill-advised entries if you make an application to have their names appear instead?

I am thinking about the possibility of you applying to the Supreme Court, seeking orders that the entries of the Americans as your parents be cancelled and replaced by those of your biological parents. Such an application would, of course, have to be supported by your own affidavit in support, wherein you would state all the facts about your birth and of the persons registered as your parents upon the report of your birth; the effect upon your life thereafter and why you wish and need to have the situation rectified and that your biological parents (named) have agreed and support your application.

Then your parents either jointly or singly, can do their affidavit(s) in support of your application, stating therein how and why the registration of the persons as your parents occurred and why the seeming plan for your adoption never occurred or was not completed before and/or after they returned to the USA, and that your mother had acted as she did because she then believed that it was in your best interests which unfortunately did not work out. She would have to explain the false registration of these persons as your parents and show that her intent was not to offend the law but to do her best at the time for you. You see, false reports relating to births offend the law and are chargeable and carry a penalty of a fine.

I am not saying that such an application will certainly succeed, as the judge who hears it will have to decide. I suggest it be to the Supreme Court because it has inherent jurisdiction, which is the power to do justice in ways not possessed by the Resident Magistrate’s court. So if there is no legislative provision which deals with your particular facts/case and there is a clear need for a rectification in the interest of justice, the Supreme Court can act and make the requisite orders sought in the application or a variation as the judge considers just.

Otherwise, you can just change your name by deed poll. This will, however, not do anything about getting the names of your registered parents deleted from your birth certificate. I believe this is what you wish. This is why I have suggested the application to the Supreme Court. Even if you are not in contact with your biological parents, you can still try this application with your affidavit in support, in which you must make the fullest disclosure that you can about all the facts, as far as you can, and an affidavit by anyone else who knows that your biological mother gave birth to you, who your father is, the date of your birth and that they know that she gave you up for adoption by the persons she registered as your parents, whether on advice or thinking it would assist the process and that it was the best thing for you. They must also say how they know all these things.

I hope this is what you mean by ‘closure’, which I have assumed to mean that you wish to get their names deleted from your certificate and your biological mother at least, but preferably with your biological father’s name, be entered thereon instead.

I trust I have assisted you so that you can decide whether you will try with an application or not. I do, however, wish you all the best and that you do attain the closure that you seek.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver. com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.