birth certificate (or lack thereof)?

[bnolsen]

All right this is strange:

 

Her history:

Born in Xinjiang early 70's

Father when she was 8 years old.

Adopted by aunt and uncle.

 

So first off, no birth certificate, no birth records, etc.

Second off, no adoption documentation.

Third, all records after that are as though uncle is biological father.

And of course her ID has the wrong birtdate on it.

 

Anyways...

 

The government will only give out a birth certificate claiming her adoptive parents as the biological parents.

 

Currently she's used the government birth date (wrong one) and her aunt & uncle as parents.

 

The solution I asked her to pursue, which they can get a notary to sign off on is:

 

- Government issued document stating that it cannot issue a birth certificate

- Mother notarize a document stating birth date & place, parents & maiden name

- Uncle notarize a document stating adoption time & place, and names.

 

Thankfully all three parties (mother, aunt and uncle) are all still alive.

 

So the question is, would the embassy accept the above notarized documents with true dates and such on them? Or is this asking for trouble?

[david_dawei]

Here is what is in the FAQ:

 

 

You should be able to get a birth certificate through a local government office. My fiancée was unable to get her original certificate because as is the case in many places throughout China, the records were lost by fire. They have ways of recreating these records. She went to a local office in Nanning, then took those records to the notary office, had them translated and placed into a book.

 

---------------------------------------------------------------------------------------------------------------

 

You need to have your S.O. get a Notarized Chinese Birth Certificate. My S.O. also did not have an official Birth Certificate, since they did not issue these when she was born. So, I found that she needed the Notarized Birth Certificate.

Here is some more info I found on a web site awhile back when I searched for more info on this type of document:

Birth certificates are available in the form of notarial certificates ( Chu Cheng Gong Zheng Shu or Shu Sheng Zheng Ming Shu ) which can be obtained from one of China's Notarial Offices ( Gong Zheng Chu ) which are located in all large Chinese cities and in rural county seats. Individuals living outside of China may obtain notarial certificates from the notarial office with jurisdiction over the county of previous residence. Chinese relatives or friends may request issuance of certificates on behalf of someone now living abroad. Relatives and friends should have specific written authorization from the interested party before they request certificates. Alternatively, persons in need of notarial documents may contact the PRC Embassy or Consulate nearest to their residence and ask that the request be forwarded to the appropriate notarial office. Obtaining a notarial certificates through a PRC Embassy of Consulate can require considerable time, however.

 

 

It is a statement . Just says: "This is to certify that ****, female, was born on **** at *******. Her father's name is **** and her mother's name is ****." Followed by a signature, stamp, etc.

[ed and ying]

If the notorial office is onboard to provide the documents you mentioned, I would certianly pursue that as a first step, while you pursue other options. DOS gives some guidance on what to do when BC isa not available and this seems to be in that line of thought. Soory I do not have the exact reference to that info ( David to the rescue ?)

 

My other guess is that GUZ would have some understanding of a old records issue from province like "Xinjiang early 70's"

[ed and ying]

It is a statement . Just says: "This is to certify that ****, female, was born on **** at *******. Her father's name is **** and her mother's name is ****." Followed by a signature, stamp, etc.

138671[/snapback]

This is exact statement that Ying got from her hukou with proper stamps/signatures that was then certified by notarial office as her birth certifcate, again with proper stamps and signatures

[C4Racer]

Since there was an adoption, then it sounds like they do the same thing they did here in the US. All records are sealed, no one is allowed to look at them. Birth Certificates are modified to list new adoptive parents as birth parents.

 

I am adopted. My original birth certificate and adoption records have been sealed. Only courts are allowed to view them. My birth certificate has been modified to list my new adoptive parents as birth parents. This is the Birth Certificate I have used my entire life. It is the one that was used with USCIS. To change it now would create way to many legal problems.

 

My advise is stick with the Birth Certificate they are willing to issue you, listing the adoptive parents. You would be asking for to much trouble to try and gain the real one. Rules change when their has been an adoption.

[bnolsen]

Since there was an adoption, then it sounds like they do the same thing they did here in the US. All records are sealed, no one is allowed to look at them. Birth Certificates are modified to list new adoptive parents as birth parents.

 

I am adopted. My original birth certificate and adoption records have been sealed. Only courts are allowed to view them. My birth certificate has been modified to list my new adoptive parents as birth parents. This is the Birth Certificate I have used my entire life. It is the one that was used with USCIS. To change it now would create way to many legal problems.

 

My advise is stick with the Birth Certificate they are willing to issue you, listing the adoptive parents. You would be asking for to much trouble to try and gain the real one. Rules change when their has been an adoption.

138675[/snapback]

The US has very good record keeping policies...

 

But don't overestimate back country china of the 1970's. I think their beauracracy just didn't care much about records or anything administrative at that time, and people probably didn't want to deal much with the government either. Think of 1800's type record keeping in the US frontier.

 

The adoption was within the family.

 

Basically she has 3 sisters, she's the youngest.

 

When her father died it was very hard on her mother so her aunt and uncle took her in. But after about a month or so (I think) of living with her aunt and uncle she went back to live with her mother. Since then her aunt and uncle have been treated as her "official" parents.

 

At this point it seems the only birth certificate she can get is one that states her aunt and uncle as her biological parents. She's contacted the notary office a few times now.

Edited July 20, 2005 by bnolsen (see edit history)

[Guest Gene]

You are complicating this. If they will issue her a birth certificate. Get the birth certificate, have it notorized and translated. They are not going to grill about her mother and father, or whether she is adopted??

 

Nor are they going to question her birthdate(my wife has three)...Just as long as they are the same on all of the documents submitted, I-129, G-325, DS-230, passport..etc.......

 

If something is not consistant then they will question it

[tywy_99]

An affidavit can be drawn up between her uncle, aunt and mother if she has trouble obtaining a birth certificate.

 

 

-my qizi has two BD's...........

[HanLi]

the key is consistency as was mentioned, use what you have, make sure everything matches, and submit it and live it!!