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Family Legal Issues

Learn about common family legal issues.

How to Find Adoption Records

Once an adoption is finalized, the state seals all records to protect the privacy of everyone involved. To obtain adoption records, adopted people must make arrangements through state agencies. Find out what records are available and how to get them. 

Contact a State Agency to Obtain Adoption Records

You may be able to get identifying or non-identifying information about your adoption. What information you can obtain will depend on state statutes. Some states have age restrictions or require court proceedings to get information about an adoptee’s birth.

Non-identifying information includes:

  • The adoptee’s birth date and place of birth

  • The birth parents’:

    • Ages

    • Physical descriptions

    • Race

    • Religion

    • Medical history

    • Education 

    • Occupations 

  • Siblings’ gender, age, and other non-identifying information depending on the state

  • The reason why the child was put up for adoption

Identifying information includes:

  • Current or past names

  • Addresses

  • Employment history

By searching the Child Welfare Information Gateway, you can find out which state agency to contact to get adoption records.

Access Adoption Records Through Consent

In some states, you may be able to access identifying information through a mutual consent registry. Using these registries, all involved in an adoption can declare what information may be disclosed. Some states may require the consent of both the birth parents and adoptive parents for the release of records. However, the release of information varies by state.

If your state does not maintain a mutual consent registry, there are other ways to obtain records through consent. Public or private agencies can locate birth parents in some states. When an agency contacts birth parents, they can find out identifying information through:  

  • Confidential Intermediary System ‐ The court gives permission to a court-certified confidential intermediary. This permission grants them access to sealed adoption records. They can also contact the birth parents to obtain consent for the release of identifying information.

  • Affidavit System - Birth parents can officially file their consent or refusal to be identified or contacted.

Use the Child Welfare Information Gateway to find out about how your state allows access to your adoption records

Obtain an Original Birth Certificate

When an adoption is finalized, the state issues a new birth certificate to the adoptive parents. The adoptee’s original birth certificate is then sealed and kept confidential by the state’s vital records department. Half the states in the U.S. require a court order to unseal an original birth certificate. However, many states allow access to original birth certificates through: 

  • A request from the adult adoptee 

  • A request by the adoptee unless the birth parent filed an affidavit denying access 

  • Establishment of eligibility to obtain identifying information with the state

  • A record of consent from both birth parents

Find out how to obtain original birth certificates in different states

Obtain International Adoption Records

When either the adoptee or the birth parents live outside the U.S., International Social Service USA (ISS-USA) can help both search for one another. The organization offers assistance with adoption-related cases in over 120 countries.

U.S. Citizenship and Immigration Services (USCIS) has forms that can assist with international adoptions. Form G-884 can be used to request original immigration documents. 

Get Help Collecting Child Support

Child support is the monthly amount a court orders a child’s noncustodial parent to pay the parent with primary custody. It helps pay for a child’s needs on a daily basis, from food and housing to clothing and medical needs.

Learn About Child Support

You can apply through your state for child support services if you have primary custody of your child and need help to:

  • Establish a child support order from court

  • Collect support payments

You will automatically get a referral for child support services if you get help from any of these programs:

How to Get Child Support

To get help with child support, follow these steps:

  1. Contact your state or local child support office.

  2. Gather documents you’ll need to present with your application.

  3. Complete an application from your state.

  4. If you can't resolve the problem through your local office, check these next steps from the Office of Child Support Enforcement (OCSE).

In most cases, the state or local government manages problems like nonpayment. If you know the location of a noncustodial parent who may be behind in their payments, reach out to the state where the child support case is active.

Child Support Enforcement Abroad

For questions about child support payments from or to someone in another country, search OCSE's international resources. There may be a state or national agreement to provide child support services with the country in question. If you need further help, submit your international child support questions through the OCSE online form.

Divorce Decrees and Certificates

A divorce decree is an official document from the court that grants the termination of a marriage. It includes specific details of the divorce.

A divorce certificate is issued by a state vital records office. It shows that a divorce occurred but does not state all the same information as a divorce decree. You can save time and money by determining which document you need before requesting a copy.

U.S. Divorces

Get a Copy of a Divorce Decree

Contact the "county clerk's office" or "clerk of the court" for the county or city in which the divorce was granted.

Get a Copy of a Divorce Certificate

Contact the state vital records office in which the divorce was granted.

Overseas Divorces

If the divorce occurred in another country and you're in the U.S., contact that country's embassy or nearest consulate. They can tell you how to get a copy of the divorce decree.

United States law does not require U.S. citizens to register a foreign divorce decree at an embassy. But if the country in which your divorce took place is a signatory to the Hague Convention on the Authentication of Documents, you may bring your divorce decree to a U.S. embassy or consulate to have it certified.

Report a Name Change

You can change your name legally by marriage, divorce, a court proceeding, or other means.  To change your name in a court, you should check with a local court on the county level to determine the procedures.  You can also hire a lawyer to help you with the procedure.

Once you have changed your name, you need to report the change to the federal government.

Social Security Card Name Change

Notify the Social Security Administration (SSA).  Find out what documents you need to get a new card and how to change your name in their files.  

Tax Information Name Change

The Internal Revenue Service (IRS) takes name changes from the Social Security Administration and explains why it's important to report any name changes for you or your dependents before you file your next tax return. 

U.S. Passport Name Change

If you have a U.S. passport, report your name change as soon as possible to get an updated passport. 

Certificate of Naturalization Name Change

If you have a certificate of naturalization or of citizenship issued by U.S. Citizenship and Immigration Services, file an N-565 form to have a replacement issued.  

Driver’s License or State-Issued ID Name Change

Notify your state's motor vehicles department to update your driver’s license or state-issued ID.

Postal Service Name Change

Report your name change to the local post office that delivers your mail.  

For Federal Employees: Name Change

If you are a federal government employee, report your name change to your agency's office of human resources.  If you're an annuitant receiving pay from a federal agency, you should report the name change to that agency.  

Consider where else your name is on file.  Examples include other state government offices, local government offices, banks or other financial institutions, credit card companies, and private employers.   

How to Close Accounts and Cancel Benefits After Someone Dies

After someone's death, it's important to contact government agencies, companies, and organizations to let them know to cancel or transfer accounts. This can also protect the person's estate from financial loss and identity theft.

Each agency or company may ask you for different information. You’ll need the person’s Social Security number and a photocopy or a certified copy of the death certificate to close or transfer accounts.

As you’re making arrangements with the funeral director, consider ordering multiple certified copies of the death certificate. The cost varies by state. You’ll typically need certified copies for canceling or transferring:

  • Government benefits and identification
  • Credit cards and bank or investment accounts
  • Real estate or vehicles

Utilities and other companies may just need a photocopy. In most cases, the funeral home provides this service only to immediate family members and the executor of the estate. If you need more certified copies later, contact your county or city.

Contacting Government Programs and Agencies

  • Social Security and Medicare - When you’re making final arrangements for your loved one, you can give their Social Security number to the funeral director. They will submit the information to the Social Security Administration (SSA). This step stops future benefit payments. You’ll need to return any SSA payments that arrive after the person’s death. Mail the check back or contact the bank if the payment is by direct deposit. You can also contact SSA to find out about any survivor benefits.
  • IRS personal income tax filing - If the person died before filing their individual income tax return due in April, someone will have to do it for them. You may also need to file a final tax return for the year of their death in the next tax season. Learn how to file a deceased person’s tax return.
  •  U.S. Passport - To avoid identity theft, you can mail the person’s passport to the State Department along with a letter asking them to cancel it. Include a certified copy of the death certificate and let them know if you want the canceled passport sent back to you as a keepsake or destroyed.
  • Motor vehicles office - Contact the state motor vehicles office to cancel their records, return disabled parking placards, and find out about returning their license or ID card. If the person had a vehicle, ask about transferring the title to the appropriate person.
  • Social services and benefits programs - If the person was receiving SNAP (food stamps), TANF (welfare), or rental assistance, contact the state social services office to cancel benefit payments.
  • Property tax records - If the person owned a home, check with the town, city, or county tax office about the deed and any property taxes that are due.
  • Veterans benefits - In addition to contacting the VA about burial benefits and asking about survivor benefits, notify these other VA departments if the person was
  • Board of Elections - Contact the local BOE where the person lived to remove the person's name from the voter registration list to avoid voter fraud.

Contacting Financial Institutions

  • Credit reporting agencies - Send a letter with a certified copy of the death certificate to one of the three big credit reporting agencies. They will share the information with the other two agencies. Include the person’s name, address, and Social Security number and your name and contact information. Six to eight weeks after the funeral, ask for a credit report for the person to check for possible identity theft.
  • Bank - Check the person's bank for a signature card to find out who can access the account. Find out about checking and savings accounts, loans, bank credit cards, investments, and whether there is a safety deposit box. Also, check for any direct deposits. You may have to wait until after the estate is settled and all outstanding bills have been paid to close the account.
  • Automatic payments- Review the bank statement and credit cards for any autopay accounts. These could include mortgage, home equity loan, utilities, memberships, or student loans. You may need to call each company to cancel. Also, if you wait to stop any future auto payments, it may be difficult to get reimbursed for payments that went out after the person died.
  • Credit cards - If you are a spouse, the cards may be joint accounts. Call the companies and let them know that one of the card holders has died. Otherwise, cancel all cards to stop anyone from using them in the future, and to stop any accumulating interest or recurring payments.
  • Life insurance - If the person was still employed, there may be a policy through work. Contact the human resource department to help you. Also ask about canceling other types of insurance the person may have had through work such as health, dental, or vision.  
  • Mortgage - A bank or lender may foreclose on the home if payments don’t continue. Contact the lender right away to let them know about the death, find out how to continue payments, and how to transfer the mortgage to an heir.
  • Pensions - Check for private and government plans at current or former workplaces. Also, contact investment or financial advisors.
  • Other Insurance Policies - There may be other plans such as pet or renter’s insurance. Check the cancellation clause and the bank statement for any auto payments.
  • Prescription Plan - Medicare Part D is the prescription plan that people sign up for separately. Check to see if SSA canceled the plan. Also, check with the drug store to stop any automatic refills. This prevents someone from fraudulently picking up any medications.

Learn from the Federal Trade Commission what to do about the debts of a person who has died. Find out who is obligated to pay and what to do if debt collectors call.

Contacting Utilities and Communications Providers

  • Stop mail delivery and forward mail - Contact the local post office to redirect the person’s mail. This prevents an overflowing mailbox that would tip off thieves to an empty home. It also prevents identity thieves from stealing mail offering new credit cards.
  • Home utilities - If you are the spouse, call to transfer the account to your name. If you are selling the person’s home, you may want to keep gas, heating oil, or electric on during the process. Check the bank statement for auto payments you may have to cancel or transfer.
  • Cable/internet and cell/home phone - Depending on the provider, payments may be bundled into one bill. Call the provider to cancel or transfer the contract. You will need the person’s phone number and Social Security number.
  • Mobile apps - App subscriptions are usually paid by credit card. Contact customer support for the mobile device’s operating system app store. You may need the person’s email, password, and a certified copy of the death certificate.

Canceling Subscriptions and Memberships

Look in the person’s wallet for any membership cards. Check their mail for renewals, and bank or credit card statements for recurring payments. In some cases, these organizations have the person’s credit card number. Canceling the account can help avoid any fraudulent use. You may or may not need a copy of the death certificate to cancel.

  • Magazines and newspapers - Call customer service to cancel online service or stop home delivery.
  • Entertainment accounts - Check for online movie, sports, music, or gaming subscriptions.
  • Auto club or roadside assistance - Check inside the vehicle for any paperwork.
  • Warehouse clubs, buying services, meal kits, health clubs, airline or hotel memberships, monthly subscription boxes, or dating website memberships - If it’s a national company, call customer service. For internet club accounts, you may need the password to end the membership online.
  • Affinity groups including organizations for seniors, veterans, or local business owners - In some cases, these groups may want to plan a future memorial service.
  • Religious organization/house of worship - Check for any monthly offering or commitment payments from the checking account or credit card.
  • Charities - Check for any monthly or annual donation payments from the checking account or credit card.
  • Union dues - Labor organization dues are typically paid by payroll deduction. Speak to the HR department of the employer and ask who contacts the union.
  • Unclaimed money - There may be money from a forgotten credit union account or unknown insurance policy. Contact the companies to prevent fraud.

Shred the person’s old credit or membership cards once you get a notification that the accounts were canceled.

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Last Updated: July 8, 2020

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