[WSBAPT] cross border "adoption" question

[Stephen Brandli]

Interesting facts.  Perhaps this would require an investigation into the legal effect of birth certificates in the foreign country.  But I would say that, if that happened in the United States (a factually incorrect birth certificate), the birth certificate would be dispositive without a challenge to it.  Would that not require a paternity suit?  Otherwise, the grandchild is legally the "child" of the grandparents.  The birth certificate would be dispositive when applying intestate succession.

                Steve

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lenard Wittlake
Sent: Friday, August 13, 2021 9:57 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] cross border "adoption" question

Greetings,

Similar to a recent discussion, but different:

A baby is born in foreign country.  Grandparents obtain birth certificate in foreign country listing their names as parents of the grandchild.  Then grandparents and grandchild, still an infant, move to Washington, mother remains in foreign country. Grandparents & grandchild become US citizens.  Grandparents raise grandchild, then die intestate.  Some foreign heirs and some heirs in Washington. It appears that grandchild always knew the familial status, but now claims to be adopted.  Family members do not dispute the facts, so far, except whether it was a legal adoption.

Is grandchild legally adopted and an heir?  Depends on foreign country law doesn't it?  Does grandchild have to prove anything other than show the birth certificate?  Does the birth certificate shift the burden of proof?  Merely raising the child does not appear to create a parent-child relationship under RCW 26.26A.100.

If we cannot reach an agreement, who wins - the grandchild or the heirs who do not want grandchild included?

Thank you,

Lenard L Wittlake, PLLC
Attorney & Counselor at Law
22 East Poplar Street, Suite 202
P.O. Box 1233
Walla Walla, WA 99362
(509) 529-1529 voice
(509) 850-3515 fax
www.lwattorney.com<http://www.lwattorney.com>
Lenard at wittlakelaw.com<mailto:Lenard at wittlakelaw.com>

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