Birth Certificate Missing - Common Law Application

[iNick89]

Hey all

My partner and I are almost done our Common Law application, and are getting ready to send it in in a week.

We just noticed a small hiccup, and I'm wondering if its going to be a problem.

My partner, who is American and I'm sponsoring, does not have a copy of his birth certificate, nor do any of his family members. His birth parents are both deceased, and he does not have contact with his adoptive father.

He does, however, have an adoption certificate from when he was adopted as a child. This document shows his original last name, date of birth, parent's names and dates of birth, and his adoptive father's name and date of birth.

The document is notarized and includes all of the information of the attorney who facilitated his adoption. It is signed by a judge of the courts from the state he is from, and include the court date as well.

Is this going to work in lieu of a birth certificate on his application?

Thank you very much for any help in advance.

Cheers.

 

[canuck_in_uk]

Hi

Hmmm, I don't know if anyone here has been in the same situation and could tell you definitively if CIC would accept that. It definitely sounds like it would be enough, a legal document with much the same information as a birth certificate, but one can never be too sure when it comes to CIC. I can't tell you which is the way to go but I'll try to help .

With the information he has, can he can apply for his birth certificate?

If he can apply for his birth certificate, I would suggest he do it immediately. If it is going to be awhile before it arrives, he can submit the app without it. Include a letter explaining that has only ever had the adoption certificate and hasn't needed a birth certificate but that he has applied for it and will send it in when it arrives. If he can get it within a few weeks, it would be better to hold off on submitting the app for that extra little bit of time until it arrives.

If he can't apply for the birth certificate, then include the adoption certificate and a letter of explanation as to why he is unable to get a birth certificate.

 

[iNick89]

Hi

Hmmm, I don't know if anyone here has been in the same situation and could tell you definitively if CIC would accept that. It definitely sounds like it would be enough, a legal document with much the same information as a birth certificate, but one can never be too sure when it comes to CIC. I can't tell you which is the way to go but I'll try to help .

With the information he has, can he can apply for his birth certificate?

If he can apply for his birth certificate, I would suggest he do it immediately. If it is going to be awhile before it arrives, he can submit the app without it. Include a letter explaining that has only ever had the adoption certificate and hasn't needed a birth certificate but that he has applied for it and will send it in when it arrives. If he can get it within a few weeks, it would be better to hold off on submitting the app for that extra little bit of time until it arrives.

If he can't apply for the birth certificate, then include the adoption certificate and a letter of explanation as to why he is unable to get a birth certificate.

Thanks for the response! I actually did some research, and found the following information on the New Jersey Office of Vital Statistic website (he is from New Jersey):

How can I obtain a copy of my original birth certificate if I have been adopted?

When the adoption is placed on file with the Office of Vital Statistics and Registry, the original birth certificate and all documents related to the adoption are placed under seal. This seal can only be broken by court order.

http://www.state.nj.us/health/vital/faq.shtml#AD

 

[canuck_in_uk]

Thanks for the response! I actually did some research, and found the following information on the New Jersey Office of Vital Statistic website (he is from New Jersey):

How can I obtain a copy of my original birth certificate if I have been adopted?

When the adoption is placed on file with the Office of Vital Statistics and Registry, the original birth certificate and all documents related to the adoption are placed under seal. This seal can only be broken by court order.

http://www.state.nj.us/health/vital/faq.shtml#AD

CIC either wants to see a document or see a valid reason as to why you can't get that document. His birth certificate being sealed by the courts is definitely a valid reason.

Print off the explanation from the vital statistics website and include it, along with a letter of explanation and the adoption certificate. CIC should have no issue with that