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How Do I Change the Father on my Child’s Birth Certificate?

Sep 30, 2019 | Paternity

How Do I Change the Father on my Child's Birth Certificate?

 

How do I change the father on my child’s birth certificate? It’s a very important question a parent may ask if they discover the man they thought was the father of their child really isn’t or if a man not listed on the certificate wants to establish a legal relationship with a child. It’s also a step to consider for people who never knew the identity of their father until a DNA test confirmed a biological relationship. Changing the father on a child’s birth certificate involves jumping through some bureaucratic hoops and it definitely requires a time commitment.

So how do I change the father on my child’s birth certificate? Here’s what you need to know.

Presumption of Paternity

When a baby is born in the United States, a birth certificate is completed and issued shortly following the birth. If the mother is unmarried and isn’t sure who the father is, she can choose to leave the space on the certificate for the father’s name blank. A presumption of paternity is generally made if a couple is married. This means that the husband is legally presumed to be the biological parent of the child since he is married to the mother, his name is added to the birth certificate, and he assumes legal responsibility for the child. If the paternity of the child is contested in either of these scenarios, a paternity test can establish or disprove a father/child biological relationship.

Paternity Testing is Required

Paternity testing if the mother is single: The mother can request that a legal paternity test be taken by the alleged father(s).  This does not involve going to court in most cases, but it’s important that the paternity test be a legal, witnessed test, so that results can be used for child support, custody, etc. later.

Paternity testing if the mother is married: The husband is required to take a legal paternity test (an at-home test is not appropriate here since court-admissible results are required), and the report can be presented as evidence in court, should it be needed.

In either case, the mother can also choose to take a non-invasive prenatal DNA paternity test so that this information is known before the child is born. (This type of prenatal paternity test can be performed as early as seven weeks.) If you prefer to wait till after the baby’s born, you don’t have to wait till the child is older—newborn babies are tested all the time.

Changing the Father on the Birth Certificate

Adjudicating Parentage

To change the father on a birth certificate, an individual must first be legally pronounced as the legal guardian of the child, which is called adjudicating parentage. The state has a form (VS21) for adjudicating parentage and amending a birth certificate that requests information such as:

  • The name(s) of the child or children whose parentage you are trying to amend
  • Whether the child(ren) currently has(have) a legally-acknowledged/presumed father
  • Signature or proof of notice submitted to the new paternity registrant
  • If a legal DNA paternity test has been taken prior to filing the suit

This part of the process can be sped up considerably by having the results of the legal paternity test in hand before starting the application for parental adjudication.

What Happens Next

If a judge deems you have a valid case, he/she issues an order to adjudicate parentage and outlines which changes should be made to the birth certificate. A certified copy of this order (with the original seal and court-clerk signature) needs to accompany the VS1 form, along with any other information the state requires.

In most states, this information is submitted to the state’s Department of Vital Records department for review. If it’s accepted, a new birth certificate is issued.

Something to Keep in Mind if You Fathered a Child Out of Wedlock

In most states, if there is contested paternity, an alleged father has two (2) years to make a paternity claim, so it’s important not to wait. If the mother is married and a paternity case is brought to court by an alleged father to whom she is not married, it is up to the discretion of the court whether or not they deem it in the best interest of the minor child to change the birth certificate—even if the alleged father produces legal results showing he’s the biological father. If the man on the birth certificate is already supporting the child and has accepted responsibility, the court can choose to deny the claim of the biological father.

Wrapping It Up

Changing the father on a child’s birth certificate can take approximately two (2) months to complete, from start to finish. Making sure the legal DNA paternity test report done ahead of time is definitely an advantage and can save a lot of time, headaches, and unnecessary expense.

IMPORTANT: This article gives general information about changing the father on a child’s birth certificate in the United States only. Keep in mind the specific process can vary state by state and we are not providing legal advice. If you have further questions, we strongly suggest you contact a family-law attorney or your state’s Department of Vital Records.

Call us at 800-929-0847: We’re here to help.

Do you have questions or comments about a legal paternity test? Share in the comments and we’ll answer.

 

 

150 Comments
  1. Crystal

    I live in california, my son is almost 4 years old and has been raised by myself, my current boyfriend who signed the birth certificate at the hospital, and my ex boyfriend whom I remained very close with after the breakup and allowed him to be a part of my childs life as we didnt think hed ever have children of his own. It turns out my ex is actually my sons biological father and is now taking me to court requesting full custody. Any comments on this?

    Reply
    • DDC

      Hi, Crystal. The fact that your ex has been confirmed as the biological father may not make a difference to the court. Regardless of DNA, if the court thinks the status quo is in the best interest of the child, it may deem it best to leave things as they are. It would be wise to retain an attorney to look out for your interests.

      Reply
      • Eli

        What if there is no father on my birth certificate but my father recently passed away and i need to have him added on in order to be next in kin for his funeral arrangements?

        Reply
        • DDC

          Hello, Eli. The first thing you need to do is to contact a family-law attorney specializing in inheritance rights. If they suggest DNA testing, you’re welcome to contact one of our DNA experts for guidance: 800-929-0847(M-F, 8 AM to 8 PM Eastern).

          Reply
          • Tina

            What if the biological father was not able to get off work at the time and mother and father are together and gotten married. And want daddys last name before he goes to school.

          • DDC

            Hi, Tina. Start with your state’s Department of Vital Records; they’ll be able to provide direction for your situation.

          • Erica

            My child is 3 my ex who is in jail signed the birth certificate but there was a possibility that he wasn’t the father the other guy who also could of been the father volunteered to do a stay at home dna test and he is the father and I now want to do what’s right and put his name on the birth certificate how do I go about doing this ? The guy that is on the birth certificate is back in jail and I did tell him what was going on I’m not sure what to do in this situation

          • DDC

            Hi, Erica. You may need to contact an attorney on this one, but you can start gathering information by first talking with your state’s Department of Vital Records. They always have good information about changing names on birth certificates.

        • Lupita

          When my daughter was born my ex signed the birth certificate. Now that she’s older he wants to be removed and her biological dad is in the picture, what do I need to do to change the father and her last name?

          Reply
          • DDC

            Hi, Lupita. You can start by contacting your state’s Department of Vital Records to see what the exact requirements are for where you live.

      • Lola

        Hey, I’m a single mother to my son who is 4. Me and dad were never married and he didn’t sign the birth certificate b/c he was in jail at the birth but I gave my son his last name thinking he would sign the paper when he come home. He didn’t and we had DV issues and separated. So basically will I be able to change my sons last name to mines.

        Reply
        • DDC

          Hi, Lola. Your state’s Department of Vital Records can best answer that question for you.

          Reply
        • D

          You can go down to the courthouse and file a name change. I did it for my son. Since no one is listed as the father, I think it should be much easier for you to complete it by yourself.

          Reply
      • Jenipher

        Hello, what if biological father left the child at the age of a year and got married to another woman then after seven years the child’s mother gets married to another man who is taking care of the child as his son.
        Is it possible to replace father’s name?

        Reply
        • DDC

          Hi, Jenipher. That is a question best answered by your state’s Department of Vital Records or by a family-law attorney or social worker.

          Reply
    • Yessy

      can a mother after almost 11 years ask for a dna test for her child even though her child already has someone sign as her father on her birth certificate.

      Reply
      • DDC

        Hi, Yessy. The legal father of the child is under no obligation to agree to a DNA test unless it’s ordered by the court. If the mother wants to petition the court for a paternity test, they may or may not approve that petition.

        Reply
    • Kathleen

      I am 63 yo. In June 2020 (5 most. Ago) Through DNA match it was discovered My Birth father is different than what’s on my certificate. I was fortunate to meet him…as well as a wonderful Stepmother 5 brothers and 1 sister!! There was no disputing…it has been a Joyus revelation. facts were revealed and and I confirmed with my Mother shortly before she passed in August. Sadly, very unexpectedly my Father passed the end of September.
      I want to make the changes on my certificate to reflect the truth. How do I make those changes?
      Thank you

      Reply
      • DDC

        Hi, Kathleen. I suggest you contact your state’s Department of Vital Records to see what is required where you live.

        Reply
        • Kathleen

          Thank you

          Reply
    • Ddickerson

      Even though child has father last name. Would you still need dna test to add him to the birth certificate

      Reply
      • DDC

        Hi, D. Paternity law can vary state by state, so that is a question best answered by the Department of Vital Records in your state.

        Reply
        • Cindy

          Hi The biological father left during my pregnancy. I am married I put my husband on the birth certificate however the biological father is coming in and out giving my son gifts and visiting without taking real responsibility. Can I after 3 years put the biological father on the birth certificate? My husband is undocumented and I am questioning the the well being of my son.

          Reply
          • DDC

            Hi, Cindy. That is a legal question best answered by a family-law attorney where you live. Good luck!

    • Tanya

      How can you remove the father’s name off a birth certificate the child is now 21 years old and just found out that he is not the father

      Reply
      • DDC

        Hi, Tanya. The best person to answer that for you is your state’s Department of Vital Records.

        Reply
      • savannah

        (i live in Cali) Can a father who didn’t want to sign the birth certificate have rights and see my son? How long does he have to try to get on the birth certificate and gain some custody before all the rights are taken away? i swear i read something saying he has 2 years to be put on the birth certificate and then to gain custody…

        Reply
        • DDC

          Hi, Savannah. Yes, a possible father has two (2) years to make a formal claim of paternity in most states.

          Reply
    • Billy

      I just found out that i’m the father of a 14 yr old daughter, the mother passed away 10 yrs ago and I found my daughter. I took a home DNA test and discovered that i’m the actual father. The other guy she was dating during and after the birth is listed on the birth certificate. How do i get my name on the birth certificate and change her last name? I’m going to have her live with me and she is currently living with her sister. I have any idea where is the guy that is listed on her birth certificate. What is my next steps to get my name added and his taken off?

      Reply
      • DDC

        Hi, Billy. Any action you take is going to require agreement from the child’s legal guardian and the court may need to be involved too, depending on where you live. A court will not accept home-DNA results…only a report for a legal test with supervised DNA collection and chain of custody. You should start with your state’s Department of Vital Records for guidance; they may direct you to seek out a family-law attorney.

        Reply
        • Amanda

          My friend found out the kid he’s been raising for the past 6 years is not his and has custody of them while the mother only gets visitation every other weekend. And now he Doesn’t want to take care of the kid anymore since he found out she wasn’t his and also wants to take his name off their birth certificate. Does he still have to be responsible for a child that is not his? What are his rights?

          Reply
          • DDC

            Hi, Amanda. Paternity law can vary from state to state and so he needs to contact a family-law attorney immediately to see what options are where he lives.

          • Nicole

            Hi! I recently did a DNA at home test of my 5 year old daughter and who i thought at the time was her father. His came back negative and my husbands dna (he was always a potential but the dates did not) came back as the father. Im a low income household. How would i proceed with this? The man on her birth certificate is willing to have his name removed. Could my husband sign a AOP vs payimg for another paternity test?? From indiana!

          • DDC

            Hi, Nicole. A good place to start is to contact the Indiana Department of Vital Records; they’ll be able to tell you what the requirements are in your state.

    • Linda

      My grandson was given to a couple in LA and the mother put the estranged man on the birth certificate. How do we file for paternity?

      Reply
      • DDC

        Hi, Linda. That is a question best answered by a family-law attorney or social worker where you live.

        Reply
    • Tai

      I’m 19, a Florida resident, and want to change the father on my birth certificate to someone Ive known and has supported me my whole life and I know to be my bio father. He is not married to my mother, but the man on my birth certificate (i have no relationship with him) is. They have been legally separated for several years now. Is it possible for me to do this as the child?

      Reply
      • DDC

        Hi, Tai. That is a question best answered by the Florida Department of Vital Records.

        Reply
  2. EDVALDO

    I did not know it. Good to know

    Reply
  3. ROBSBABYMOM

    I gave birth and the father was not present at the time of the birth so the hospital would not let me add the father on birth certificate. They told me I had to leave it blank.
    He has no issue with being on birth certificate he just could not make it to the birth… so now my daughter has “unknown” as a father on birth certificate and now I must get a DNA test in order to fill in the blank?
    So now that he is not on it he feels like he got away with murder and refuses to give me any info on him so I can add him. He packed up and moved away.
    FML
    Thanks for the baby, you deadbeat.

    Reply
  4. Jhill

    Q.Alleged father John Doe cannot be excluded as biological father of the child.
    A. He is the Father of my child

    Reply
    • Kenzie

      I am a single mom from Indiana with 2 children. I have no idea who either of their father’s are as I was raped and dumped somewhere and I wasn’t in the best condition to remember anyone I was sleeping with when I had my 2nd. Now that I have turned my life around, I am going to be getting married in August 2021 and wanted to know how my fiance could adopt my children. There is not a father listed on either of their birth certificates. Can I just put his name on the birth certificate and change their last names or is there a legal process?

      Reply
      • DDC

        Hi, Kenzie. Congratulations on your upcoming wedding! I suggest you contact the Indiana Department of Vital Records to get answers about requirements for making the changes. All the best to you.

        Reply
  5. Marie

    Marie
    The child was born in Oklahoma and still we live here. The child is almost 4 by boy friend of 10 years is on the birth cert. But a man now is wanting to do a dna test to now see if hes the father. Can this be done? Or is it too late for him to try and pursue this action. My boy friend of 10 years and i did not for one min think he was not both of ours.

    Reply
    • DDC

      Hi, Marie. I cannot give you a clear yes or no answer, since all states have different paternity laws; a family-law attorney can give you a clearer picture. I can tell you that in most states, a man has two years from the time the child’s born to contest paternity. However, it’s entirely up to the courts whether or not they believe the other man now has a valid claim.

      Reply
    • Tiffany

      And yes the real father paid a lawyer to have the papers fixed so we all signed them and then my father got killed in 2013 so can I put my father’s name on my children’s birth certificate???

      Reply
      • DDC

        Hi, Tiffany. That’s a question best answered by a family-law attorney.

        Reply
  6. Emily

    Hi, I just recently had my son and his father is not around and has never met him. Out of stupidity I allow the guy I was dating when I gave birth to be out on the birth certificate even though he is not the father. I want to have my sons biological father DNA tested and add and the other man taken off. How can I go about this. What are the first steps?

    Reply
    • DDC

      Hi, Emily. Your first step should be to contact your state’s Department of Vital Records or a family-law attorney.

      Reply
    • Rayne

      I live in Tennessee and I’m married to a female. I put her on my daughter birth certificate as her “father” but now I’m in a mentally abusive relationship and I want to take her off and I just want to know how to go about it.

      Reply
      • DDC

        Hi, Rayne. Please contact the Tennessee Department of Vital Records; they’re the best resource for you.

        Reply
        • Nancy

          Hi i want to remove my daughter Father in her birth certificate i already change the last but in the birth certificate how can i removed the father hes never been with shes is 15 and didn’t know him

          Reply
          • DDC

            Hi, Nancy. There are answers to your question in this article. Also, you can contact your state’s Department of Vital Records or a family-law attorney for guidance.

          • Pamela

            I have three children all in elementary school all of their birth certificates other than my youngest son’s who is now six years old all have been signed by my ex which I’ve never been married to.. we have not seen him in very very many years we live in Virginia he lives in Tennessee. He has not even spoken of them or even thought about seeing them since they were two and three years old and are our youngest was less than a year old I am now married very happily and our children call him daddy rightfully so. My question is how hard would it be for me to have all three of their last names changed to match me and my husband’s (there Mommy and the person they call and consider their daddy and to be honest the only person they remember as such). Would I need the biological fathers approval? Even though he is not allowed to leave the state of Tennessee as he is about to be serving nine years in prison for manufacturing and distributing methamphetamines.. so needless to say and only has he been out of our lives not only do I plan for him to stay out of it but I can tell you he has no plan of being in their life either in any way . My children love their mommy and daddy but we want all of our last names to be the same that simple… So in this situation how hard of a time do you think I might have getting this worked out?

          • DDC

            Hi, Pamela. I wish you all the best with a tough situation. The best thing to do would be to be advised by a family-law attorney.

          • Hayley

            I have a two month old son and the man that I thought was his father is on his birth certifiacte and I got a paternity test and as I come to find out, that the alleged father is indeed not the biological father of my son and I would like to get my sons name changed to the right name! So how would I go about doing this in new mexico?!

          • DDC

            Hi, Hayley. We are not a legal service, but based on other cases we’ve seen, you may need to go through the courts on this one. Fortunately, you’re within the 2-year deadline most states set for contesting paternity. There are a lot of factors at play here. Does the legal father want to contest the possibility of losing the son he has taken responsibility for? Does the biological father want to be on the birth certificate and take on the responsibility instead? Is the biological father willing to contest paternity toward that end or does he not want to be involved? You cannot simply change the name on a certificate since all parties must agree to it. You might want to start with New Mexico’s Department of Vital Records. They can give you proper direction for what is required in your state.

          • Ashleigh

            Hey there! Did you happen to find out how to go about this? I have a similar situation but me and my sons bio father were never married . My son is almost 15 and I’ve been trying for years to change the father name and keep hitting dead ends! My son has my husband’s last name (I legally changed it when he was 4) . My husband has been his dad since he was 5 weeks old so he is all he knows (and I would like to keep it that way)

      • Brittany

        My current boyfriend has been fathering my son since he was 5 weeks old. My exhusband signed the birth certificate and we were married when I had my son, but divorced now. I have full custody and he has no relationship with my son. What do we need to do in order for my boyfriend to be on his birth certificate?

        Reply
        • DDC

          Hi, Brittany. Your first step is to contact your state’s Department of Vital Records and they can direct you as to what is needed.

          Reply
  7. Shay

    I want to change the father’s name on MY OWN birth certificate. I am 40 yrs old. My mother lied on the birth certificate and put my older sister’s fathers name on the certificate, although he had been deceased for 10 years when I was born. My bio father is known to me, my mother would testify to his identity and he never contested his paternity. However he died almost 20 yrs ago. His obituary lists me as his daughter. Everyone knows he is my father and to honor his memory and to keep the record correct I want to make the correction!! But I am hitting brick walls… it seems like no one will even listen to me long enough to understand the situation. Any advice for me? Oh, to complicate, my bio family on my fathers side lives 1400 miles away from me.

    Reply
    • DDC

      Hi, Shay. Have you contacted your state’s Department of Vital Records? That would be the best place to start for getting answers.

      Reply
    • Leilani

      Hi, my daughter its 9 years old. Im from PR and moved to IL where I raised her by myself with other 2 kids (1 is his) I was with my ex didn’t know I was pregnant and lost it, that week got rape by other man and my ex sheltered me. He signed her, I moved to IL and last year he received a letter for child support. He want me to take him out of birth certificate and child support because isn’t his. How I do that?

      Reply
      • DDC

        Hi, Leilani. Because he’s on the birth certificate, he took legal responsibility for the child at the time he signed and it’s possible the court won’t choose to change his status. Since this is a legal question, I suggest you contact a family-law attorney or social worker in your area.

        Reply
  8. Justin

    My daughter was born in Florida, and her mother and I have gotten back together and have had two more children, and has moved to NC with me. We are wanting to get my name on her birth certificate and change her last name mine. Do we have to go the state she was born in to complete this? Also do I have to have a legal paternity test to get this completed? She is 5 and we know she is mine.

    Reply
    • DDC

      Hi, Justin. I suggest you contact the Department of Vital Records in NC to double-check what you need to do. If you need a legal paternity test, we can help you with that. Call one of our DNA specialists at 800-681-7162, M-F from 8 am to 8 pm Eastern.

      Reply
  9. Yareli

    My husband in his early teenage years was dating a girl who was pregnant by someone else, he still choose to be with her knowing the child wasn’t his. She had the baby & my husband gave the baby his last name. Till this day she still has his last name, can he be put on child support? We live in Illinois..

    Reply
    • DDC

      Hi, Yareli. Is he on the birth certificate? That could make a big difference. You need to double-check with an Illinois family-law attorney.

      Reply
      • Ally

        Hi, my ex and I were off and on, and while on he ended up cheating on me, and this set me into a spiral of anger. During our break I had a one night stand with a man who was a complete stranger to me.. (I was drunk at a bar) I truly don’t even remember his name, but I do know my child is his. Shes 8 months old. My ex came back in my life, even though I told him multiple times he wasnt the father, him and his mother pressured me into having him sign the birth certificate.. He did and now hes trying to get custody of my baby. Theres nothing he can do right since hes not biologically her father? Im in New York state.. Im a really good mother, and hes done nothinng for my daughter since she was born. Wed just need to do a paternity test?

        Reply
        • DDC

          Hi, Ally. You really need to consult with a family-law attorney if you haven’t already. Seeing as he’s on the birth certificate, he’s considered the legal father and so he has all the rights that go with that title, despite DNA.

          Reply
  10. Aida

    The minor child has been living with the grandparents since childbirth. The biological father has never claimed the child so his name is not on the birth certificate but the child’s last name is of the father. During the birth of the minor child the hospital record doesn’t use the father’s last name. The biological mother wants to change the minor child’s last name to her maiden name. What needs to be done for the last name to be changed? Is there an affidavit that can be filled out by the biological mother to sign since she does not live with the minor child and doesn’t live in the same city? The sole custody and guardian are the grandparent of the minor child. Can you let me know concerning this matter! THX

    Reply
    • DDC

      Hi, Aida. The legal guardian of the child needs to contact the state’s Department of Vital Records to see what must be done.

      Reply
  11. Samantha

    My boyfriend signed the birth certificate and the acknowledgment of paternity for my son. But now my ex wants to demand a paternity test. Is he allowed to do so even after the aop and certificate has been signed.?

    Reply
    • DDC

      Hi, Samantha. In most states, a possible father only has 2 years after the birth of a child to petition for paternity. If he requests one from you directly, you don’t need to agree to one. But if he goes through the court and they determine he has a valid claim, you should.

      Reply
  12. Brittany

    When I was a teen I gave birth to my son thinking that my boyfriend at the time was the father. It turns out that he is not the father. My son is four and I was wondering what steps I need to take to get his birth certificate changed to father unknown.

    Reply
    • DDC

      Hi, Brittany. There are answers in this article, and you can also contact your state’s Department of Vital Records.

      Reply
  13. Rebecca

    My son is about to turn 2 in 3 weeks and I already went through the process of changing his last name to mine but now I need to get the man that is listed as his father off his birth certificate. When he was 2 months old a paternity test was done and it proved that he was not the father and has not been in his life since then. His biological father is not involved in his life either by his own choice so I would just want the father spot empty not put the other guy on there. I don’t know the process of getting him removed from the birth certificate.

    Reply
    • DDC

      Hi, Rebecca. You can start by asking your state’s Department of Vital Records and then go from there.

      Reply
  14. Barb

    My friend’s son fathered a child out of wedlock. He died before the child was born. The mother did not add the father to the birth certificate but gave the child the father’s last name.
    She is refusing to let the parents of the father see the child.
    This is in Alabama. What are my friend’s rights?

    Reply
    • DDC

      Hi, Barb. Your friend needs to contact the Department of Vital Records in Alabama or a local family-law attorney for legal guidance.

      Reply
  15. Lw

    I am 34 years old and the man on my birth certificate is not my father. He continues to harass me and now wants visitation to my kids. Can I request a legal paternity test through the court to prove that we are not biologically related? Or can I do this with his father (who doesn’t talk to the man on my birth certificate). Would a paternity test with his father hold up in court. I want to remove him from my birth certificate and have the proof so he has no claim to me or my children.

    Reply
    • DDC

      Hi, Lw. Yes, you can do either option you mention. Just be sure you have a legal test done so that the results can be used in court.

      Reply
  16. connie

    My sister is 47 years old she just found out our dad is not her biological father. He knew from the start that it was a possibility but married the mother and took reponsibility , the other guy just shrugged it off. so now is the steps the same. My dad is so scared she might want to change the dad. He has been a good father to all of us but she is very angry at mostly her mom .

    Reply
    • DDC

      Hi, Connie. That is a legal question best answered by a family-law attorney or your sister’s state’s Department of Vital Records.

      Reply
  17. Christina

    My son is 4 years old, I left the father side completely blank. He was born in Florida. Me and his father got married June 5th 2020. How do we go about getting his father’s and now my last name on the birth certificate and changing my son’s last name to his last name. We have since had another baby who is 1 year old, the father was there to sign his birth certificate. We also live in Alabama, Tuscaloosa county now, please help! I don’t know the process of doing this. I want to change my sons last name before he gets old enough to realize his last name is different then his father and younger brother as well as mine.

    Reply
    • DDC

      Hi, Christina. Please contact Alabama’s Department of Vital Records for assistance.

      Reply
  18. Cece

    My son is 10 yrs old and his dad did a Dna test recently and it came back that he isn’t the father. He want to remove my his name of if the birth certificate and have my son last name change. He was in his life for all these years and I don’t want my son last name to be changed neither do the other family member. He’s getting a lawyer and Idk what to do. That’s the only family my son knows

    Reply
    • DDC

      You may want to get a lawyer as well, Cece.

      Reply
  19. Paula

    I am 56 yrs. old and have always known that the mans name on my Birth certificate is not and has never been a father to me. I found my biological father last year through ancestry.com. Is there any way to change my biological fathers name on my Birth Certificate?

    Reply
    • DDC

      Hi, Paula. The best place to start is with your state’s Department of Vital Records; they can direct you about the possibilities.

      Reply
  20. Marla

    I have a 6 yr old and her biological father pressured me into signing an affidavit to put him on the BC. He hasn’t seen her since she was 3 months old. Since then I got married and have other children. My husband has raised her and she calls him dad. She doesn’t know any different. The other guy does not pay child support. My daughter has my maiden name but wants to change it to my married name like my other children? I have nonidea where her biological donor is. He wants nothing to do with her as he stated when she was born and he said when affidavit was signed by my stupidity he won’t sign his rights away. Please what do I do?

    Reply
    • DDC

      Hi, Marla. What a tough situation! I suggest you contact a family-law attorney to see what your options are.

      Reply
  21. Mark

    My son’s girlfriend had a baby two months ago. He was there at the birth and signed the birth certificate. She told him the baby was his. He just found out that her ex boyfriend is the father of the baby, not him. ( the ex took a DNA test). How does he go about being removed from the birth certificate?

    Reply
    • DDC

      Hi, Mark. What a stressful situation; it’s too bad your family is going through such a heartbreak. This is why it’s so important for a possible father to do a DNA test before signing any legal papers, like a birth certificate. Your son should contact a family-attorney in his state to help determine what, if anything, can be done to rescind his legal-parent status.

      Reply
  22. Tae

    I have been separated for over 3 years I just had a baby with my boyfriend i know that by law my husband will be considered the father but can I still give my child her real father’s last name

    Reply
    • DDC

      Hi, Tae. That is a question best answered by a family-law attorney.

      Reply
      • Natasha

        Hi. I am trying to remove my ex’s name off my sons birth certificate so that his biological father can be added. All parties are for this decision. I just have no idea where to even begin. Any suggestions?

        Reply
        • DDC

          Hi, Natasha. Laws can vary by state. Start with your state’s Department of Vital Records; they’ll be able to provide direction for your situation.

          Reply
  23. Laverne

    My daughter had a paternity test done years ago she assumed the father’s name would be wasn’t changed on the birth certificate it wasn’t. She can’t find the test results,how can she obtain them now ?

    Reply
    • DDC

      Hi, Laverne. I cannot speak for other labs, but for security reasons, DDC keeps at-home test reports for 1 year and legal tests for 5 years only.

      Reply
  24. Hilda

    Hi my son is 15 and he wants his last name to be changed to mines his father has never been involved and is willing to sign the papers but doesn’t wanna go to court can I be able to change his name… when he was born my ex signed the birth certificate but after a year his biological dad took a DNA and was added to the birth certificate will I still be able to add his old last name if his biological father is willing to sign the papers

    Reply
    • DDC

      Hi, Hilda. That is a question best answered by your state’s department of vital records.

      Reply
  25. YV

    My ex girlfriend was pregnant and came to the USA to give birth of our baby. She did not add me to the birth certificate ( not sure how that works since I do not live in the US). Now she is getting married to another man and wants to declare the baby with this man. The baby is 1.5 yo and I refuse to have them declare the baby with this mans name without my consent. Since I do not live in the US what can I do?? I have plans to move to the US, but don’t know how soon that could happen ……

    Reply
    • DDC

      Hi, YV. Your best recourse is to first speak with a family-law attorney in your country. good luck!

      Reply
  26. Rose

    My 14 year old son was conceived via a rape during my last marriage. My ex husband and I were divorced 4 years ago and he decided to have a paternity test done because he knew the rape could have meant he wasn’t my son’s father. It proved correct, and he was able to sign away his rights to my son, all in the name of not wanting to pay child support. I could care less about the child support, but it was the cruelest thing ever to do to my son. I do not know who the father of my son is, as the person who assaulted me when I was out with my girlfriend (I was the designated driver) had put something in my drink. I have since remarried and the amazing man I am with loves my son and treats him as his own. He wants him to have his name and we are trying to jump through the hoops to get this handled. I have contacted an attorney to see what I need to do, but it should be fairly simple. My ex had the paternity test, he used that to sign away his rights to my son, which is noted in my divorce documents. I just want to have my new husband to be listed as my son’s father, and my ex husband to be removed from his birth certificate. I am not sure if this will be how things work out, but I’m praying. This has been the most horrific nightmare for my son, an innocent child to have to go through, knowing that he is the child who was conceived from a rape, and that the man who raised him decided that money was more important than him. He also has ADHD and Asperger’s Syndrome, so he has struggled with a lot besides these things. My heart breaks every day for him and I feel completely helpless.

    Reply
    • DDC

      Hi, Rose. It sounds as if you are not helpless at all: Instead, you are being proactive in contacting an attorney to get the birth certificate changed. All the best to you and your family.

      Reply
  27. Shan

    Completed a home paternity test and my son (16) wants to change his last name due to the fact that my ex isn’t his biological father. We completed the test over 10 years ago but I procrastinated to make the change. Can I change his last name? My ex hasn’t been involved since the results due to my wishes.

    Reply
    • DDC

      Hi, Shan. You’ll need to contact your state’s Department of Vital Records to see what is required.

      Reply
  28. David

    Hi is this contact form working? Can I ask a few questions?

    Reply
    • DDC

      Hi, David. You are welcome to ask questions in this forum, yes. Keep in mind all questions and answers are public-facing.

      Reply
  29. Whitney

    I want to change my child father name to biological father in birth certificate, which form I need to fill in. How to do that

    Reply
    • DDC

      Hi, Whitney. Contact your state’s Department of Vital Records for how’tos.

      Reply
  30. Ada

    I have a 5 year old son, on his birth certificate is the name of my ex – (father of my oldest son) who is not his biological father. (Yes he is aware of this. Long story..) I got married today and have been with this man for 5 years my son was 2 weeks old when we met so to my son my now husband is his daddy and my husband has raised him as his son and loves him as his own. How do I take the person who is on the certificate off and put my husband on it? What are the steps?

    Reply
    • DDC

      Hi, Ada. Start with your state’s Department of Vital Records for direction.

      Reply
  31. Ren

    Since we live in a different state than the child was born, what state should i file to get the fathers name removed? Also can it be replaced to unknown?

    Reply
    • DDC

      Hi, Ren. To get your answer, I would start with your state’s Department of Vital Records and they can best direct you. They may send you to the child’s state of origin to file.

      Reply
  32. Freddy

    Hi my name is Freddy and I live in Florida. About 22 years ago I met a girl who cheated on her boyfriend with me. I got her pregnant. The doctor did account back of conception and it was about the time she was with me. She claims she took a DNA test and the guy she was seeing was not the father. But to safe face with her family and friends she told everybody the baby was the other guys. He was there at the hospital and the child has his last name. Shortly after the baby was born they broke up. I moved away and now have returned after 20 years. We are dating again and the child who is now 22 knows that I am his father. Is it possible to change his last name on the birth certificate and add me as the father? If it’s not possible to add me on the birth certificate can we at least change his last name to mine after taking a DNA test to prove that he is my child?

    Reply
    • DDC

      Hi, Freddy. That is a question best answered by Florida’s Department of Vital Records.

      Reply
  33. Maria

    I have twins and now I think that perhaps put the fertilized egg of another woman inside of me. I had no idea or knowledge. My children are now 31 years old, my husband left me and they both completely abandoned me. They will not do a voluntary maternity test. Am I able to legally ask my children to do a MATERNITY test?

    Reply
    • DDC

      Hi, Maria. That is a question best answered by a family-law attorney in your area.

      Reply
  34. Audrey

    My daughter’s biological father was not around when she was born and wasn’t in her life. I had let my new husband later on down the road sign a voluntary acknowledgement of paternity for her. But I want to get him taken off of her birth certificate. How do I go about this?

    Reply
    • DDC

      Hi, Audrey. You’ll first need to contact your state’s Department of Vital Records to see what is required where you live.

      Reply
      • Catherine

        I have a question how can they change a father and request a paternity test from this alleged father when myself and my ex-husband sign the birth certificate doesn’t one of us have to sign for them to do that

        Reply
        • DDC

          Hi, Catherine. Who is the “they” you refer to in your question?

          Reply
  35. Crystal

    Ok, so I have a 6 year old son the man on the birth certificate is not his biological father. His biological father has done a dna test to prove he is the father . He wants the other guy off our sons birth certificate and his on there. Our sons last name does not have to be changed. He already has his sons last name. We live in Mississippi. How hard would this be? By the way the guy on his birth certificate has been away since he was 6 months old . But we are married still I’m working on filing for a divorce also. Help I know it sounds crazy!

    Reply
    • DDC

      Hi, Crystal. This is a question best answered by a family-law attorney in Mississippi.

      Reply
  36. jeevan

    alrighty, so I’m 20 years old and wanted to know if I am able to change the father on my birth certificate because my uncle signed it instead of my dad. Should i fill out the paternity papers or now?

    Reply
    • DDC

      Hi, Jeevan. Because rules can vary depending on where you live, it’s best to either check requirements with your state’s Department of Vital Records or with a family-law attorney in your area before taking any steps.

      Reply
  37. Anonymous

    Will removing my childs father from the birth certificate prevent them from filing for child custody.

    Reply
    • DDC

      Family law varies depending on location, so that is a question best answered by an attorney in your area.

      Reply
  38. Amanda

    I am 31 years old and the man that is on my birth certificate was married to my mom but isnt my real dad. How do I go about getting my birth certificate changed along with my mom and how do I get a DNA to prove that is not my dad?

    Reply
    • DDC

      Hi, Amanda. Is he willing to do a paternity test with you to confirm a biological relationship? If so, we can arrange for a legal paternity test so that results can be used to change the birth certificate if it is possible to do so. Just call 800-929-0847. Seeing as your parents were married at the time of your birth, the man is considered your legal father. You may want to first consult with a family-law attorney in your area to see what your best options are.

      Reply
  39. Alexis

    My son is 10, and his bio dad owes thousands in arrears and makes no effort to see my son. Can I have my father replace him on the birth certificate if he’s willing to sign away his rights?

    Reply
    • DDC

      Hi, Alexis. That is a question best answered by your state’s Department of Vital Records or a family-law attorney.

      Reply
  40. Mark

    My ex’s friend rudely told me my two year old daughter is not biologically mine. My ex will not confirm. Now they say their taking me off bc. . What do I do.

    Reply
    • DDC

      Hi, Mark. You should contact a social caseworker or family-law attorney.

      Reply
  41. Shelby

    For 14 years I thought that my real dad was on my birth certificate as did both of my parents. when I turned 15 and it was time to get my drivers license I had to have my legal birth certificate which apparently they never had. my mom was married to another man when I was born, but they had been separated for 3 years and weren’t able to get their divorce finalized until after my birth. so the state of Oklahoma put her ex husband on my birth certificate instead of my real dad because she was still married. there is no way he can be my father because he got into an accident 4 years before I was born that paralyzed him from his bellybutton on down. I am 23 years old now and I would really like my real dad to be on my birth certificate. what can I do? I cant spend a ton of money but I really do not want my older sisters dad on my birth certificate anymore. id really not want to have to have my dad adopt me, but im not sure of any other options.

    Reply
    • DDC

      Hi, Shelby. I suggest you contact your state’s Department of Vital Records to see what is required to change birth certificates where you live.

      Reply
  42. Joshua

    I have a 16 year old son that he, his mother and I want to change his last name to mine, the mothers ex husband is on the birth certificate but they weren’t married when he was born, they said they were so his insurance would pay and they got married several months later, they are now divorced and the named father is serving a very lengthy prison term, the mother and I are getting married now and wondering our rights as to the name change since it was actually an act of fraud to begin with, please instruct me on any actions I can take or any possibility that this can be obtained. Thanks in advance

    Reply
    • DDC

      Hello, Joshua. We cannot provide legal advice specific to your case. Please first contact your state’s Department of Vital Records; they will be able to direct you. Or you can enlist the assistance of a family-law attorney familiar with paternity law where you live.

      Reply
  43. Amanda

    I was unwed when I had my son, the paternity left blank on the birth certificate because I was raped and did not know my attacker at all. I have been with my now husband for 8 years and was hoping we could just insert his name into the birth certificate so my son who is now 12 can have his name.

    Reply
    • DDC

      Hello, Amanda. I’m sorry you went through such a trauma…that’s tough. Adding the name of a father on a birth certificate is a legal action and so there are specific requirements for doing so. I suggest you start with your state’s Department of Vital Records for info on how it can be done where you live.

      Reply
  44. Naupaka

    Aloha. I am 49 years old. My mom was married to the man listed as my father on my birth certificate. Both my mom and my “presumed” father have died. However, Ive recently found my biological father and we’d like for him to be documented as such on my birth certificate. Is that enough or can I not change anything because both legal parents have passed away?

    Reply
    • DDC

      Aloha, Naupaka. I suggest you contact the Hawaii Department of Vital Records for direction on what can be done in your particular situation.

      Reply
  45. Lydia

    Hi! I just made contact with my biological father for the first time. I’m 18 and he didn’t know I existed. We want to add him to my birth certificate, is there a possible way to do that?

    Reply
    • DDC

      Hi, Lydia. Please contact your state’s Department of Vital Records and they’ll be able to tell you what the requirements are.

      Reply
  46. David

    Hi.So I took my ex wife too court once I heard I was not the father of her 13 year old twins for a DNA test and the Court ordered DNA test showed I was not the father of her twins and the judge ordered her to change the birth certificates within 90 days so I’m wondering once the birth certificates or changed will the children’s last name legally be changed as well since my name will no longer be on the Birth certificates?

    Reply
    • DDC

      Hello, David. That is a question best answered by your state’s Department of Vital Records.

      Reply
  47. Kathryn

    Okay so i was sexually involved with someone about a month or so before my boyfriend and I started dating. And we had sex that same day we started dating (we already knew eachother for about 2 years before that). And i ended up pregnant. And he wants to know , now that the baby is 15 months old, if he is really the father. We are not married but his name is on our sons birth certificate. If the paternity test says that he is not the father, how do i go about taking his name off

    Reply
    • DDC

      Hi, Kathryn. Because how-to process varies from state to state, I suggest you contact your state’s Department of Vital Records for guidance on this.

      Reply

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