Child Record Form- Split Parents & Adoption

All anonymous names. Let's say there is child in your ward, let's call him Zach. He is 7 years old. He was not blessed as a baby so there is no record of him within the church. Zach's biological parents are Clark and Jane, and are both originally non-members of the church. Clark and Jane get divorced. Clark later learns about the church and is baptized. Clark meets Sarah (already a member) and they get married- but not sealed.

So now Zach lives with Clark and Sarah, while Jane is no longer in the picture.

Clark and Sarah have asked that I create a record for Zach. Because Zach is 7 years old I have to fill out the "Child Record Form"

My question is on that form: Who do I list as the mother on the form, Jane or Sarah? I don't know if Sarah has legally adopted Zach or not, but would it matter if Sarah has legally adopted Zach?

An even bigger question before you do anything is which of the biological parents have legal custody? It is not uncommon for parents in a divorce to have joint legal custody. Then you cannot do anything without both birth parents written permission. And yes, if adoption has happened that also enters the picture. But I would make sure you see a copy of a custody and/or adoption court order before creating a record. You are going to have the same problem when the child turns 8 if the father and step-mother want the child baptized. Birth parents have legal rights, unless they waive them in court. Suggest you get the bishop or branch president involved in this situation.

General Handbook, 33.6.2, states; "Both parents give permission for a record to be created. (If only one parent has legal custody of the child, the permission of that parent is sufficient.)". So checking the divorce decree is in order. Even if the biological mother is not in the picture she has a say if there is any joint custody and adoption has not occurred. If adoption has occurred then the adoptive mother is the legal guardian. The GH does not require any specific form of approval from the parents. But to cover bases when there is a change of mind of the other biological parent and there is a contest of approval from that other parent a written approval goes a long way.