I was adopted by my stepfather when I was 40 years old. My birth father died when I was 12 years old. my mother remarried and my stepfather had no children, so he wanted to call me his daughter. both my mother and stepfather are now deceased and to my dismay, I found that my original birth certificate has been sealed and my stepfathers' name is now on my birth certificate as my father. I wish to have my original birth certificate unsealed and reinstated as my legal birth certificate. I find, in Virginia that unsealing the original will not change my present birth certificate showing my stepfathers' name. also that "amending" is not an option in Virginia. I now find that I have to petition the courts to "vacate the adoption". what is rhe procedure to do this and does it have any negatives.
Once a stepparent adoption is filed and finalized by the court, and once you reach the age of majority, the adoption decree cannot normally be vacated. The only legitimate ground for asking a court to vacate an adoption decree would be if the original order was obtained through some sort of fraud. You should get up all of your adoption papers, and your adoptive birth record, and consult with a local Virginia attorney on this issue.
Under Georgia law, an adoption can be vacated based upon a showing of fraud, duress or undue influence. Virginia, and most other states, has similar provisions. As you were an adult when you were adopted and presumably consented to the adoption, having it vacated is not a likely outcome.
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