Can I remove a fathers name off my sons' birth certificate if he is proven not to be the biological father?
|
Can I remove a fathers name off my sons' birth certificate if he is proven not to be the biological father?
Yes, maybe and no, one of those will be the correct answer depending on many factors.
1. where are you located, in the US, some states will assume the husband is the father and in some cases it can not be challenged.
2. how long has it been, in some other states there is only a period that one can challenge paternity on the birth certificate.
Has this been proven in court by a DNA court that was acceptable by the court
In the U.K. a birth certificate can not be changed under any circumstances. This does not mean that the child's name cannot be changed, this can be done by deed poll or if all interested persons are informed and agree the child can be called what every you want.
Spiegal, would like to see your source on this. The Government appears to think it is possible: Changing or adding a parent's details to a birth record : Directgov - Government, citizens and rights
Answer for JUDYKAYTEE
I work for the Citizens Advice Bureau in England. This subjrect has come up in the past. There is a page on the web which is supplied by the C.A.B. Which is for the public the web page used by Advisors is more in depth of each subject. http://www.adviceguide.org.uk/index/your_family/family/change_of_name.htm this is a free service, but only covers British Law. The quote below mention the birth certificate.
"Change of name
This information applies to England and Wales
How to change your name
Evidence of change of name
How to change your name
If you wish to be known by a different name you can change your name at any time, provided you do not intend to deceive or defraud another person. There is no legal procedure to follow in order to change a name. You simply start using the new name. You can change your forename or surname, add names or rearrange your existing names.
Although there is no legal way to change a name, you may want evidence that you have changed your name (see under heading Evidence of change of name). However, you cannot change details on your birth certificate, except in limited circumstances.
Changing details on a birth certificate can be complicated. If you wish to do this you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
Once you have decided to change your name, you can use the new name for all purposes, for example, publishing marriage bans, legal proceedings and obtaining, or changing details on a driving licence or passport."
You are addressing an individual changing his/her name. The question is changing the birth certificate, removing a name, correcting the name of a father.
I believe my site is accurate and you are addressing another question.
Although there is no legal way to change a name, you may want evidence that you have changed your name (see under heading Evidence of change of name). However, you cannot change details on your birth certificate, except in limited circumstances.
This paragraph refers to the changing of names on birth certificates - It cannot be done unless it goes to court and there is a very good reason for it legal advice would need to be taken as each case is different
What are the limited circumstances? It seems completely plausible that one of them would be proving that someone else is the biological father of the child. (Not simply eliminating the legal father) What the article seems to be referring to is changing you OWN information on a birth certificate. What the poster is asking about is one of these limited circumstances... the legal father is not the biological father.
This is British Law and the limited circumstances would be different for each case. Legal advice would be necessary and a judge would make a ruling about what could be changed if anything. The statement does not refer to any particular person changing their name. It says details irrespective of who wants to change them and why. I do not profess to be any kind of expert, but this is where the law starts because British Law is very complicated - There are so many Books written about the Law that any 1 person would not be able to read them all in a lifetime that is why Solicitors in this country specalise in an area.
Begs the question.Quote:
Originally Posted by Speigal
If you don't know just say you don't know.
So does the judge simply flip a coin? Sure it's complicated, but there have to be some principles to go by.
I know this is an older thread, but I found some good information. This was taken from the official website of the UK Deed Poll service...
The information can be found hereQuote:
Removing the father from a birth certificate if he is not the biological father
If you are able to produce to the General Register Office DNA paternity test results (from a court approved DNA testing laboratory) that the person recorded on your child's birth certificate is not the biological father, you can have the father's name removed from your child's birth record and buy a new birth certificate without any details shown for the father. If your child's surname is the father's surname, you can have your child's surname changed on the birth certificate to your surname.
Im not answering anything. I need someone's help. Me and my husband have been separated for about 3 years. We have 2 kids together. He took my kids and I haven't seen them in a while. He won't answer the phone or text me back and I cry all the time because I miss my babies so much. But he also doubts that my youngest child Torin isn't his. I need advice and help. I want to see about what I can do to take his name off the birth certificate and change their last names to mine so that it will be easier to get them... Someone PLEASE HELP WITH ADVICE OR SOMETHING!!
You need to go to Court and file a Petition to get your children back. Their last name has nothing to do with this, nor does the name on the birth certificates. If you were married when the children were born he is legally their father.
Again, changing their names is NOT going to make it easier to "get them back."
Go to Court and file a Petition to get them back.
How long have they been with their father and what have you done to get them returned?
| All times are GMT -7. The time now is 10:42 PM. |