Check out some similar questions!

KBurdette · Feb 24, 2009, 12:07 AM

My son passed away on 7-5-08, his girlfriend just gave birth to his daughter on 2-21-09. The social worker at the hospital (Kaiser) is telling us that our sons name cannot be on the baby's birth certificate. We live in California. The girlfriend is very upset and is refusing to sign the certificate without his name on it. Both families want the fathers name on the birth certificate. Is this right, can they do this? Due to delivery complications she is still in the hospital (mom). What can we, or her, do about this?

cdad · Feb 24, 2009, 03:21 PM

First off Im sorry for your loss. Is there anything that you have from your son that might contain DNA? Was your son in the service ? If you have to do it the long way you get HIS dna and have it tested against the baby and when it comes back positive you petition the courts to have his name placed on the birth certificate.

stevetcg · Feb 24, 2009, 04:09 PM

This is actually an issue of social security benefits. Since (presumably) the parents are not married, the birth certificate would need to be modified with a court order after establishing paternity.

This prevents the mother from claiming paternity of a deceased father in order to claim survivor benefits on behalf of the child. There are a number of cases of this type of fraud in the past.

Califdad has it right - you will need to go through a difficult procedure of establishing paternity postmortem in order to get a name on the B/C.

Im sorry - that is bureaucracy for you.

azmom08 · Mar 31, 2009, 02:43 PM

I can relate to this question, since I am going through this process currently. I just had the DNA test on my son done. His father (my fiance) was murdered on 3-5-08, when I was 3 months pregnant. I've been given the runaround by so many people that I have asked. After the costly paternity test ($420 in Tucson, AZ), all you have to do is take down the paperwork - most legit places have lab tests that will stand up in court - and petition to get the father's name added to the birth certificate. There is usually a small court/birth cert. fee of less than $100. It will include a new copy of the updated certificate. It is a pain in the , but it is worth it. I just received the results today, so if you wish, I can let you know about more details after I finish the process this week. Please tell your son's girlfriend that she is not alone. I can give you a way to contact me personally if she would like someone to talk to. I'm now a 23 year old single mother of a 7 month old boy trying to get my life on track, and I would love to help any other person in any way that I can. Please give her my best, and I am so sorry for the loss of your son.

4eversuga4m · Apr 27, 2009, 09:21 AM

azmom08 - I would like to exchange contact info as I'm also in the same situation and would like someone to chat with. I've yet to find a group or even someone who's going through the loss of their boyfriend/fiance etc. while pregnant. My fiancé passed away in January when we had just found out we were expecting. :(

azmom08 · Apr 27, 2009, 02:57 PM

I finally have some answers for you. This has been a hassle in itself to get answers from lawyers, the Pima County Superior Court (Tucson, AZ), and just about everyone else. So I am happy to be able to have answers for someone else...

First, you need to have a DNA test done (and expect it to be about $500). Then, you need to contact the Vital Records in your state and ask them EXACTLY what they need for this situation, since I'm not sure if it will be the same outside of AZ. (But it will most likely be a need for a court order establishing paternity and telling Vital Records to add the father's name to the birth certificate.) Next, you unfortunately WILL need an attorney to (at the least) create and file the motion. (A family law attorney should know how to do this, but also check with the Attorney General's office, they may have someone to handle this for you - they stopped this assistance in AZ a little over a year ago since it was so rare.) Once the motion is filed (there may be up to $300 in filing fees, but you can fill out a deferral/waiver for the fees that the court can provide you with) a court date will be scheduled, and all you need to do is answer what questions they may ask, and provide the results from the DNA test. THEY MUST BE FROM A LAB THAT PROVIDES COURT-ADMISSIBLE RESULTS!! That is extremely important. Then you take the court order to the Vital Records office (you probably need to schedule an appointment), and they will add the father's information to the birth certificate. You should get a birth certificate with all of that information the same day. The fee for that in AZ is $23. At that point, you can go to Social Security to request benefits, and, at least in AZ, you are entitled to all retroactive pay from the date of the death (or birth of the child in our circumstances) to present, and then every month until the child is 18.

As I said, this is all for AZ, so you should check with an attorney to make sure that all of this applies in your state. I really hope this helps! I wish you the best of luck, and again condolences to your family.

~MR

cdad · Apr 27, 2009, 03:08 PM

Originally Posted by azmom08

I finally have some answers for you. This has been a hassle in itself to get answers from lawyers, the Pima County Superior Court (Tucson, AZ), and just about everyone else. So I am happy to be able to have answers for someone else...

First, you need to have a DNA test done (and expect it to be about $500). Then, you need to contact the Vital Records in your state and ask them EXACTLY what they need for this situation, since I'm not sure if it will be the same outside of AZ. (But it will most likely be a need for a court order establishing paternity and telling Vital Records to add the father's name to the birth certificate.) Next, you unfortunately WILL need an attorney to (at the least) create and file the motion. (A family law attorney should know how to do this, but also check with the Attorney General's office, they may have someone to handle this for you - they stopped this assistance in AZ a little over a year ago since it was so rare.) Once the motion is filed (there may be up to $300 in filing fees, but you can fill out a deferral/waiver for the fees that the court can provide you with) a court date will be scheduled, and all you need to do is answer what questions they may ask, and provide the results from the DNA test. THEY MUST BE FROM A LAB THAT PROVIDES COURT-ADMISSIBLE RESULTS!!!! That is extremely important. Then you take the court order to the Vital Records office (you probably need to schedule an appointment), and they will add the father's information to the birth certificate. You should get a birth certificate with all of that information the same day. The fee for that in AZ is $23. At that point, you can go to Social Security to request benefits, and, at least in AZ, you are entitled to all retroactive pay from the date of the death (or birth of the child in our circumstances) to present, and then every month until the child is 18.

As I said, this is all for AZ, so you should check with an attorney to make sure that all of this applies in your state. I really hope this helps! I wish you the best of luck, and again condolences to your family.

~MR

Thanks you for the update its nice to hear a good outcome.

Seansmom · Apr 30, 2009, 08:35 AM

Originally Posted by azmom08

I finally have some answers for you. This has been a hassle in itself to get answers from lawyers, the Pima County Superior Court (Tucson, AZ), and just about everyone else. So I am happy to be able to have answers for someone else...

First, you need to have a DNA test done (and expect it to be about $500). Then, you need to contact the Vital Records in your state and ask them EXACTLY what they need for this situation, since I'm not sure if it will be the same outside of AZ. (But it will most likely be a need for a court order establishing paternity and telling Vital Records to add the father's name to the birth certificate.) Next, you unfortunately WILL need an attorney to (at the least) create and file the motion. (A family law attorney should know how to do this, but also check with the Attorney General's office, they may have someone to handle this for you - they stopped this assistance in AZ a little over a year ago since it was so rare.) Once the motion is filed (there may be up to $300 in filing fees, but you can fill out a deferral/waiver for the fees that the court can provide you with) a court date will be scheduled, and all you need to do is answer what questions they may ask, and provide the results from the DNA test. THEY MUST BE FROM A LAB THAT PROVIDES COURT-ADMISSIBLE RESULTS!!!! That is extremely important. Then you take the court order to the Vital Records office (you probably need to schedule an appointment), and they will add the father's information to the birth certificate. You should get a birth certificate with all of that information the same day. The fee for that in AZ is $23. At that point, you can go to Social Security to request benefits, and, at least in AZ, you are entitled to all retroactive pay from the date of the death (or birth of the child in our circumstances) to present, and then every month until the child is 18.

As I said, this is all for AZ, so you should check with an attorney to make sure that all of this applies in your state. I really hope this helps! I wish you the best of luck, and again condolences to your family.

~MR

Great news for you and a lot of other young ladies that have lost their fiance's. My sister is going through trying to find out how to get her fiance's name on her daughters birth certificate as well. We also live in Tucson,Az. What Family Law Attorney did you go through. That way she can get set up and end the emotional run around. I would appreciate the name. I feel so bad for her. She has turned to Congress Woman Gabriel Gifford and Governor Brewers office and it is really going no where. Thanks for giving this info to so many that may be lost in all the paperwork. God Bless you for sharing and take care.
Seansmom

Matthew_5_9 · Jun 16, 2010, 11:41 PM

Hope this is helpful:
http://www.childsup.ca.gov/Portals/0/cp/docs/birthcert.pdf

Two steps plus $20, and your dilema is a memory.

GV70 · Jun 16, 2010, 11:50 PM

Originally Posted by Matthew_5_9

Hope this is helpful:
http://www.childsup.ca.gov/Portals/0.../birthcert.pdf

two steps plus $20, and your dilema is a memory.

Ups!Nope!:)
A paternity acknowledgment MUST be sign by the father.
In such cases the only way is through court procedure.

NikkiLouLou · Sep 16, 2010, 02:40 PM

Hello! I am new to this site and I am in the same situation and am so grateful to finally find people who have been through the same thing! My son's father died 3 years ago when I was 8 months pregnant. This has been the biggest pain in the a** for me.. I have the dna test complete and now I just need to know what paperwork I need to file to file a motion in court.. I have talked to 2 lawyers, the attorney general, and just about everyone else I can think of short of a judge and nobody seems to know what paperwork I need to fill out to establish paternity when the father is deceased. If you can tell me what kind of paperwork you had to fill out that would be GREATLY appreciated!! Thank you so much for any information!

AK lawyer · Sep 16, 2010, 03:44 PM

Originally Posted by NikkiLouLou

Hello! I am new to this site and I am in the same situation and am so grateful to finally find people who have been through the same thing!! My son's father died 3 years ago when I was 8 months pregnant. This has been the biggest pain in the a** for me.. I have the dna test complete and now I just need to know what paperwork I need to file to file a motion in court.. I have talked to 2 lawyers, the attorney general, and just about everyone else I can think of short of a judge and nobody seems to know what paperwork I need to fill out to establish paternity when the father is deceased. If you can tell me what kind of paperwork you had to fill out that would be GREATLY appreciated!!!! Thank you so much for any information!!

Sorry for your loss, Nikki. We hate to keep harping on this, but it is important that, even if your question is similar to someone else's, you start a new thread and not piggyback onto someone else's.

I believe we will need to know what state you are in to properly answer your question.

chrisymarch · Sep 21, 2010, 03:41 PM

Hello my name is Christine, and I have been trying for two years to get my son's deceased daddy's name on his birth certificate... I live in CA, and have already gotten a paternity test/ DNA test my son already receives ss survivors benefits (DNA test was all social security required) now vital records, family law court, and superior court are all giving me the run around... apparently there are no forms for our situation If anyone can help PLEASE let me know of what forms need to be filed for the judges signature establishing paternity as well as modification of record. I am very tired, and extremely frusterated, and can't afford an attorney... ANY HELP IS BETTER THAN NO HELP... THANK YOU!!

AK lawyer · Sep 21, 2010, 05:08 PM

Originally Posted by chrisymarch

Hello my name is Christine, and I have been trying for two years to get my son's deceased daddy's name on his birth certificate....I live in CA, and have already gotten a paternity test/ DNA test my son already recieves ss survivors benefits (DNA test was all social security required) now vital records, family law court, and superior court are all giving me the run around....apparently there are no forms for our situation If anyone can help PLEASE let me know of what forms need to be filed for the judges signature establishing paternity as well as modification of record. I am very tired, and extremely frusterated, and can't afford an attorney..... ANY HELP IS BETTER THAN NO HELP ....THANK YOU!!!

As I said earlier, please start a new thread for a similar question.

If there is no off-the-shelf form, you could do what lawyers have always done: devise the form yourself. In California, the procedures are outlined in The Uniform Parentage Act, Division 12, Part 3 of the California Family Code. If you have a specific reason for needing a birth certificate, that might help someone decide to help you at a reduced cost.

Drea5422 · Nov 18, 2010, 08:36 PM

azmom08, thank you for the answer. I am sorry that you have been through this tragedy. I understand how hard it is because I too am going through this. My boyfriend was murdered November 9th, 2010. Our baby is due January 2nd, 2011. I want to have his name on the birth certificate so badly. My boyfriend was so excited for this baby and I know he would want it this way. Also if you knew of any kind of support groups for this type of situation, please let me know. This is so hard and most people can't understand the emotions involved in greiving not only for myself but for my unborn child. Thank you.

cindylouroo · Feb 21, 2011, 12:54 PM

Who did you list as the respondant? I'm going though a similar situation, kind of my daughter is 11 and her father recently passed away. Thanks

Dru2 · Apr 11, 2012, 10:24 PM

How did you get the dna?

LoiseFrost · Oct 24, 2012, 08:10 AM

Originally Posted by azmom08 View Post
I finally have some answers for you. This has been a hassle in itself to get answers from lawyers, the Pima County Superior Court (Tucson, AZ), and just about everyone else. So I am happy to be able to have answers for someone else...

First, you need to have a DNA test done (and expect it to be about $500). Then, you need to contact the Vital Records in your state and ask them EXACTLY what they need for this situation, since I'm not sure if it will be the same outside of AZ. (But it will most likely be a need for a court order establishing paternity and telling Vital Records to add the father's name to the birth certificate.) Next, you unfortunately WILL need an attorney to (at the least) create and file the motion. (A family law attorney should know how to do this, but also check with the Attorney General's office, they may have someone to handle this for you - they stopped this assistance in AZ a little over a year ago since it was so rare.) Once the motion is filed (there may be up to $300 in filing fees, but you can fill out a deferral/waiver for the fees that the court can provide you with) a court date will be scheduled, and all you need to do is answer what questions they may ask, and provide the results from the DNA test. THEY MUST BE FROM A LAB THAT PROVIDES COURT-ADMISSIBLE RESULTS! That is extremely important. Then you take the court order to the Vital Records office (you probably need to schedule an appointment), and they will add the father's information to the birth certificate. You should get a birth certificate with all of that information the same day. The fee for that in AZ is $23. At that point, you can go to Social Security to request benefits, and, at least in AZ, you are entitled to all retroactive pay from the date of the death (or birth of the child in our circumstances) to present, and then every month until the child is 18.

As I said, this is all for AZ, so you should check with an attorney to make sure that all of this applies in your state. I really hope this helps! I wish you the best of luck, and again condolences to your family.

~MR

Hello-

I know your post is years old... but because I am presently going through the same thing I'd like to ask... did Social Security tell you they would not grant you Survivor's Benefits unless the father's name was on the birth certificate? Did you have a death certificate? Would that not suffice for your claim?

lcabel63 · Oct 5, 2013, 03:44 PM

We have the same problem in Texas - my granddaughter's boyfriend died in Oct 2012 and she delivered his son April 15 2013
We did DNA - hospital wouldn't put father's name on birth record.
Took DNA and birth record to SS and they took it as proof of life and she is getting ss for her baby boy.
The Birth Certificate people still want a court order - so we have to hire a lawyer to get the dead father's name on the birth certificate.

Now we are facing the dead father's parents are talking about suing for grandparents rights and custody of their grandson! Since their son's name isn't on the birth certificate they are willing to pay for that to be done so they can turn around and try to take the baby!

AK lawyer · Oct 5, 2013, 03:58 PM

Please start a new thread.

Originally Posted by lcabel63

We have the same problem in Texas - my granddaughter's boyfriend died in Oct 2012 and she delivered his son April 15 2013
We did DNA - hospital wouldn't put father's name on birth record.
Took DNA and birth record to SS and they took it as proof of life and she is getting ss for her baby boy.
The Birth Certificate people still want a court order - so we have to hire a lawyer to get the dead father's name on the birth certificate.

Now we are facing the dead father's parents are talking about suing for grandparents rights and custody of their grandson! Since their son's name isn't on the birth certificate they are willing to pay for that to be done so they can turn around and try to take the baby!!

And what is your question?

By the way, what the birth certificate says or doesn't say is immaterial: if their son was the father, whether or not he is on the BC, they can sue for grandparental rights, including custody. That doesn't mean that they will get it.