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Is it legal in the state of Oregon for the parent to withhold the birth certificate and social security card from the child?

Roseburg, OR |
Filed under: Birth certificate

Is it legal to withhold it when the child turn 18?

Attorney Answers 3

Posted

This is an interesting question that have not previously come across. Assuming that the child is a minor and is not emancipated I am not aware of any law that would prevent a parent from withholding the social security card or the birth certificate. Such a withholding could be a perfectly appropriate exercise of parenting if the parent wished to forbid the child from traveling or getting a job. That said, I am not aware of any reason that the child or other parent couldn't march down to the vital statistics office and request a new birth certificate. The same is true for requesting a new social security card.

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1 comment

Jeffrey K. Traylor

Jeffrey K. Traylor

Posted

I apologize that I didn't see the second half of your question. At the time the child turns 18 the birth certificate and social security card becomes their property and further withholding would not be legally permitted.

Posted

Why does the minor child need the social security card or birth certificate anyway? Know that both these documents are records that can be obtained from public agencies. You can get a copy of your birth certificate from the office of vital statistics in the state you were born in. You need to check the requirements to order a copy. You may need to be 18. You can get a replacement social security card from the social security office. Don't know if there is an age requirement. I lost my social security card years ago but I had written the number down and memorized it. These day's I don't need it unless I seek a job but I am self employed. I can get it replaced when I need it.

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Posted

I agree with the answers above, but I think the real question was supposed to be: Is there any way for an adult child to punish or take action against a parent who has retained their social security card or birth certificate? And the answer to that is, probably not. I can't think of any way that would be worth the trouble. It'd be much easier just to get new copies.

A more serious consideration might be this: If the relationship between parent and child is so bad that this has become an issue, then there's some concern that the parent might use the child's vital information in some inappropriate way. I've seen this happen before - parents running up debt in their children's names, things like that. The child may well want to change their social security number, as well as getting a new set of documents. There's a procedure for this, in the event of suspected identity theft. You can start reading about this here: http://ssa-custhelp.ssa.gov/app/answers/subtopic/c/16,58

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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3 comments

Joanne Reisman

Joanne Reisman

Posted

A child would not be liable for debts run up by a parent using the child's ID. The parent may well end up in jail. I have never seen this situation although it could happen. I don't think it's all that common.

Jay Bodzin

Jay Bodzin

Posted

I know someone to whom this happened - years ago; past the point of prosecution I should think (and in another state). It is indeed not common, I'm sure, but it could be a mess to clean up.

Joanne Reisman

Joanne Reisman

Posted

Plane crashes are messy too but they are not so common that we stop flying. I just think we don't want to get into abstract what if problems when there is no indication that this is going on. This may well be a young person who just wants their social security card and birth certificate. They can get these documents for sure when the are 18 from the agencies that issue them and possibly sooner, If there is more going on than this they should either tell us or seek help from the appropriate agency like the police.