Legal Question in Family Law in California
My mother, now deceased, somehow managed to register my birth TWICE, about 2 years apart.
On the FIRST birth certificate she gave a name similar to her real one as my mother, but my biological father's real name. This one she filled out in the hospital where I was born (UCSF Medical Center, San Francisco) and I know this because I've seen it. My last name given was her maiden name since she wasn't married to my biological father. Also, this one was used to register my birth in her home country so that in that country I was able to request and receive dual-citizenship. It also means I have an established identity in that country with that name.
On the SECOND birth certificate, she gave my stepfather's name in the box where the child's father's name goes and HER REAL NAME. Also, my last name given is HIS last name. All other information is EXACTLY the same.
I know for a fact that there were never adoption procedures by my step-father but have no explanation how she was able to do this. I do know that for many years I was able to get either birth certificate but that my passports had always been in the first name I was given. However, when I got married the first time, I used the second birth certificate since by then I wasn't able to get either birth certificate. At some later date I remember receiving a letter from the California Office of Vital Statistics that NEITHER of my birth certificates were available since there had been an adoption procedure.
A few years ago I sent a notarized request for my SECOND birth certificate in which I explained that as far as I knew there hadn't been an adoption proceeding. I got that birth certificate.
At this point I'm almost afraid to ask for that first birth certificate but I would like to try to straighten out my identity.
Here is my biggest difficulty: I have moved to my mother's native country, where to live there means that I have to live under the identity established w/ that first b.c. but my entire legal life was established in THIS country w/ THIS, my second, identity. I can't have ANY benefits, either legal or economic, that would cross either border w/out risking my being accused of trying to defraud either government. In fact, I have been told by a reputable attorney in that country that I CANNOT even SHOW my second birth certificate there because I would be hauled off to jail. Or at least arrested for attempting to defraud that country's government.
A second problem arises when it comes to my leaving my estate to my children. Their birth certificates have my "second" name as the name of their mother but, of course, that person doesn't exist in my mother's native country. And I do have assets there, though not substantial, in my identity there. I have had that attorney do what they call an "also known as" identity process but I'm not sure it's going to be sufficient to prove they're my children there.
Both my biological and step- fathers are alive, for now. Both know about the other but neither can explain what or how my mother did what she did.
Is there a way to fix this?
1 Answer from Attorneys
Oh, what a tangled web we weave when first we practice to deceive. (Sir Walter Scott, Marmion, 1808) It looks like you and your mother have tangled a complex web. Don't blame it all on your mother as you have gone along with this farce. You may wish to go to the US Embassy to see if you can straighten this up. I would suggest, however, that you go to an attorney in the country that you are living to see if they will put you in jail for the fraud that you have committed. Good Luck, Pat McCrary
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