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Adopted with deceased father not on birth certificate no immediate family

Discussion in 'Paternity Law & DNA Tests' started by Labriola, Aug 11, 2017.

  1. Labriola

    Labriola Law Topic Starter New Member

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    Jurisdiction:
    Colorado
    I was adopted in 1952. I recently found my biological mother because her name only was on my original birth certificate. We now have a great relationship and she has told me my father's name etc.
    She was 16 and he was 22. She was a worker in his grandparents house through St. Clara's Orphanage. She left very soon after my home birth. The grandmother made sure my father's name was not attached to anyone. My mother never told anyone about me until I found her 6 months ago. I cannot find any death record for my father and Colorado will not allow me access to any records without immediate proof. My father would be 87. I am told through a cousin on Ancestry on my father's side (DNA Match) that he never married or had any other children. I was also told he committed suicide. This cousin is being told this by her parents also related to our great grandparents. They had a falling out and do not speak to my father's side. Do I have any recourse?
    So sad. Is he alive?
     
  2. army judge

    army judge Super Moderator

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    What do you mean by recourse?

    What is it you are attempting to accomplish?

    The fact that you were adopted means you are legally the daughter or son of your adopted parents.
     
  3. Labriola

    Labriola Law Topic Starter New Member

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    To see if he is alive or date of death and where he may be buried. He is not on the S.S. death records. But I can find no obituary or any database information that says he is deceased. Colorado is a closed state. I have no legal right. Ultimately I would like to verify all the information I am being told. My cousins parents will not talk to me because of the feud.
     
  4. army judge

    army judge Super Moderator

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    You are faced by the legal wall that confronts many people.

    You don't know that the man you think to be your biological father is in fact such father.

    You are on one the many sites where such information can be found, assuming the man wishes to be found.

    There are many reasons he might not be on the SS death register.

    One, you don't know his real legal name.
    Two, he is alive in another country.
    Three, he may have become one of thousands of US military person still MIA.
    Four, he could have legally changed his name.
    Five, he could have died and been buried as a John Doe.
    Six, he could have gone missing and remains unfound today.
    Seven, the list is endless with speculation.

    I suggest you do more genetic testing, as you could run into one of his biological cousins, nieces, siblings, etc on other such websites.

    there are several websites that aggregate such data, and the Mormon Church has extensive genetic data available to the public.
     
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  5. Labriola

    Labriola Law Topic Starter New Member

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    I do know his legal name and birth date and his mother, father and brother and grandparents. My ancestry DNA confirms I am related to all of them. The other things could all be true. The Mormon Church is an option. One close relative, the daughter of his brother is alive but has dementia. We are trying to find her sister or brother.
    Thanks for the information. So my mother's sworn statement, and my DNA will not prove anything?
     
  6. army judge

    army judge Super Moderator

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    Any UNMARRIED male who is alleged to father a child has zero parental rights, responsibilities, or liabilities until the male goes to court to prove paternity.

    A name is nothing, legal r not.

    He is legally nothing to you, even if he proves to be biologically something.

    You have no way of determining that he is biologically related to the people you believe are his relatives.

    However, in the 50s, purported fathers had no say in whether the birth mother had the child adopted, just as such a man has no say if the mother aborts the child.

    Legally the man and woman who created you biologically lost all of their rights to you upon your adoption.

    If you're asking about any potential inheritance, there exists no legal right to inheritance even if you had been parented to adulthood anyway.
     
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  7. Labriola

    Labriola Law Topic Starter New Member

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    It would be enough just to know for sure what happened to him. As a baby, I guess I had no rights, but glad I was adopted. My adopted parents are both deceased.
    Thanks again
     
  8. army judge

    army judge Super Moderator

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    No worries, at least it'll be an interesting project to be your own detective.
    I hope you uncover the mystery, and find him alive and healthy.
     
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  9. zddoodah

    zddoodah Well-Known Member

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    You do not have any legal right to obtain vital records regarding any person with whom you have no legal relationship.
     
  10. Labriola

    Labriola Law Topic Starter New Member

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    Yes I see from the other response.
     

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