PDA

View Full Version : How do I put my father's name on my birth certificate I'm 22 years old?


mikeyortez
Aug 5, 2011, 11:14 AM
How do I put my fathers name on my birth certificate I'm 22 years old

twinkiedooter
Aug 5, 2011, 11:19 AM
You'll need the help of a jugde to do that.

AK lawyer
Aug 5, 2011, 11:20 AM
You can't.

Why do you think you want to?

AK lawyer
Aug 5, 2011, 11:20 AM
You'll need the help of a jugde to do that.

Either that, or a judge maybe.

mikeyortez
Aug 5, 2011, 11:47 AM
I am 22 years I just found out who my father is through dna with my alleged sister came out 99.99 that we share the same mother and father then I did dna with my alleged fathers real brother my alleged uncle which it came back 99.9 also I always wanted to know who my father was because I never knew who my father was and I have always wanting to know who my dad was and everyone always told me that I looked like my half brother and half sisters.but know they are my real brother and sisters since I did dna.I have always felt evnyvouis against my brother and sisters cause they knew who there dad was and I didn't know who my father was and I have alwayed wanted to know who my dad was and I didn't like saying I didn't know who my dad was and putting unknown on paperwork.Is my dna results going to be enough to add my fathers name on my birth certificate?

joypulv
Aug 5, 2011, 11:52 AM
Generally birth certificates can't be changed. You will have to present your situation to the county court house birth records and see what they say. They may say no, and you could hire a lawyer (presenting paperwork is problematic these days because it can be so easily faked). You can certainly change your last name to his if you want because you can change your name to whatever you want, as an adult.

twinkiedooter
Aug 5, 2011, 03:58 PM
Joy - Good point about the last name. Didn't think of that. That is easy to do and probably a lot easier than getting the BC changed!

ScottGem
Aug 5, 2011, 06:46 PM
ANY question on law needs to include your general locale as laws vary by area.

I would consult a family law attorney. Many will give you a free consult. Let them advise on the feasibility of changing the BC or your name. Is your father willing to acknowledge you?

GV70
Aug 5, 2011, 08:21 PM
ANY question on law needs to include your general locale as laws vary by area.
It MUST be a sticky!!!

I can give a straight answer if I know which state has jurisdiction.

There are UPA/ Uniform Parentage Act/ and UPC/Uniform Probate Code/, but not all states have adopted them.
States adopted both UPA and UPC- Colorado, Hawaii, Minnesota, Montana, New Jersey, Mew Mexico, North Dakota, and Utah.
States adopted only UPC- Alaska, Arizona, Florida, Idaho, Maine, Michigan, Nebraska, South Carolina, and South Dakota
Swtates adopted only UPA- Alabama, California, Delaware, Illinois, Kansas, Missouri, Nevada,Ohio, Oklahoma, Rhode Island, Texas, Washington, and Wyoming.
Tennessee has never accepted neither UPA nor UPC.

Thus, state law remains inconsistent in this area


Under UPA section 606, if a child does not have a presumed father, there is no statute of limitations in a proceeding to establish paternity. The UPA is clear that a child with no presumed father has standing to initiate an adjudication of paternity at any time, even after the child becomes an adult.



A possible argument against this reading of the UPA, in the context of inheritance law, is that it could allow an undeserving heir to inherit from a biological father who the child may never even have known


The UPC
The purpose of the UPC is to simplify and clarify most aspects of probate law; to effectuate the intent of a decedent in the distribution of his property; to promote timely and efficient estate distribution; to facilitate the use and enforcement of certain trusts; and to unify the laws of various jurisdictions. The UPC provides guidelines for defining the parent-child relationship that can be particularly helpful in analyzing cases in which determining paternity is central to establishing intestate inheritance rights.UPC section 2-114(a) provides that, for purposes of intestate succession, an individual is the child of his or her natural parents regardless of their marital status.This provision clarifies that a nonmarital child has the same rights to inherit from an intestate father’s estate as a marital child. While section 2-114(a) allows a child an unqualified right to intestate succession by, through, or from his
Natural parents, section 2-114(c) precludes a parent from inheriting from the child unless that parent has openly treated the child as his or her own and has not refused to support that child.



One of the principal goals of intestacy law is to effectuate the decedent’s likely intent in the distribution of his property.Consequently, it makes sense that a decedent would intend his estate to pass to a child he actively raised and nurtured within his family. On the other hand, it is less logical to presume that a decedent would intend to pass his estate to a child he may not even have known, simply on account of a biological connection or legal presumption.

Under the California Probate Code, a parent-child relationship is established pursuant to the state’s version of the UPA

However, if that child subsequently seeks to establish her biological father’s paternity for heirship purposes after his death, she must do so under the Probate Code. The Probate Code stipulates that a child who does not have a presumed father, or whose presumed father has died, can only initiate a paternity proceeding if one of the following conditions is met:
1.a court order was entered during the father’s lifetime declaring paternity;
2.paternity is established by clear and convincing evidence that the father has openly held the child out as his own
3.or it was impossible for the father to hold the child out as his own and paternity is established by clear and convincing evidence

The language of the statute indicates that some type of relationship must exist before the child can inherit from the biological father’s intestate estate.

However, the court in In re Estate of Davis held the opposite, stating that such open and notorious acknowledgment of paternity was necessary before genetic testing should be
Granted. In Davis The court stated that 4-1.2(a)(2)(C) was not created to grant rights to all non-marital children, but only those who were known to the decedent and were openly acknowledged by him during his lifetime

Similar cases were decided by the Supreme Court of the USA./Trimble, Lalli v.Lalli/

GV70
Aug 5, 2011, 08:25 PM
i am 22 years i just found out who my father is through dna with my alleged sister came out 99.99 that we share the same mother and father then i did dna with my alleged fathers real brother my alleged uncle which it came back 99.9

LOL-I know no Court which will not proclaim your uncle as your father with 99,9 % parentage probability :):):):)
Are you sure that he is your uncle instead your father?

DNA testing which creates a positive reading creates a rebuttable presumption that man is the Father of the child. The threshold percentage varies from State to State as follows:

95%: Alaska, Arkansas, Arizona, Florida, Iowa, Montana, New York, North Dakota, Ohio, Oklahoma (Conclusive if 98%), and Puerto Rico (Conclusive 98%)
97%: Alabama, Colorado, Georgia, Kansas, Massachusetts, Maine, New Hampshire, North Carolina, Rhode Island, South Carolina, and Wyoming.
98%: Missouri, Vermont, Virginia, Washington, and West Virginia.
99%: Connecticut, Delaware, District of Columbia, Hawaii, Indiana, Kentucky, Michigan, Minnesota (Temporary Orders With 92%), Mississippi, Nebraska, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, and Wisconsin.

Under UPA and some states parentage statutes some states limit the time within which a parent may seek to establish Paternity. Special times may apply if the child is born to a husband and wife. For example, in California, a husband only has 2 years to file a paternity action.

No Time Limit: Arkansas, Georgia, Massachusetts, Oregon, Rhode Island, South Dakota, and Virgin Islands.

The State's "Age of Majority": Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Kansas, Kentucky, Louisiana, Maine, Minnesota, Missouri, Montana, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Virginia, Washington, West Virginia.

Age 18: Mississippi
Age 19: Alabama, New Hampshire and Wisconsin
Age 19: Age of majority plus one year: Iowa and Tennessee
Age 20: Two years after child's 18th birthday: Texas
Age 21: Vermont and Wyoming
Age 21: Three years beyond the child's 18th birthday: Hawaii, Nevada, New Mexico, and North Dakota,
Age 22: Four years after the child's 18th birthday: Florida
Age 23: Ohio
Five years beyond child's 18th birthday: New Jersey
Four years after child's birth if brought by mother or alleged father; 18 years after child's birth if brought by guardian or next-friend of child: Nebraska

msdebdardx4
Aug 6, 2011, 07:21 AM
I am very touched by your situation. When I grew up, I did not know my biological father. I wanted to know him, but I have never even seen the man. I did have a stepfather whom I was not close to for a while, but as I got older, I grew closer to him, and came to accept him as my real father. I do not know if you will be able to add your father's name to your birth certificate, but you can resolve to not let your own children go through this situation. I am married to my children's father and there is no doubt as to who their father is. They are secure in this knowledge because I did not even get pregnant until after I got married. I hope you can get the birth certificate changed, and I hope your father will acknowledge you as his biological child. You cannot change the past, but you can plan a future in which your children will not have to go through this situation.