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-   -   Adding father's name to birth certificate (https://www.askmehelpdesk.com/showthread.php?t=36737)

  • Oct 12, 2006, 07:59 AM
    jobi
    Adding father's name to birth certificate
    What's the process for adding a name to a birth certificate years after the child is born?
  • Oct 12, 2006, 09:44 AM
    The WB
    The parents must go the county health dept. or who ever handles the birth cert. If a name is being removed or replaced, you must have the consent of the parent being removed or replaced. If a name is being added, you must have the consent of the person being added and the mother. If the child is an adult, you must have his/her consent as well. If any of what I said is contested in any way, you will need a lawyer. Check with a lawyer. Your local laws may give you other options or take some away.
  • Jun 21, 2007, 07:43 PM
    nya
    Here in Florida we have a form called a DH432 form which allows both parents to go in front of a notary public and have the father acknowledge paternity. This is a very serious decision for a guy to make because its virtually irreversible. I think if you contact your local child support agency they would be able to assist you with some answers. I know that in our office two parents can walk in and we will do this for them for free.
  • Jun 9, 2010, 09:23 AM
    JeanetteSmilez
    I need help! I had a baby girl in February. I had been separated from my husband for 2 years and in the process of devorce. After my duaghter was born I finally got the devorce. The baby is not my ex husbands it is my fiencees but they would not let me put the biolagical father on the birth certificate. Please help I have no father on the birth certificate and want to add her father . What do I do? I just want to add her father to the birth certificate. I tried to amend it and they said I could not so what do I need to do?
  • Oct 1, 2011, 08:49 PM
    Raie40
    My daughter was born in 1993 in Phoenix Arizona they would not let me add her father to her certificate since we were unmarried since then we have been how do I add her father now
  • Oct 2, 2011, 05:23 AM
    GV70
    Quote:

    Originally Posted by Raie40 View Post
    My daughter was born in 1993 in Phoenix Arizona they would not let me add her father to her certificate since we were unmarried since then we have been how do I add her father now


    25-803. Persons who may originate proceedings; custody; parenting time; conciliation court

    A. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following:



    B. An adult may bring an action to establish the adult's biological parent.

    That's the only way.:)
  • Oct 2, 2011, 05:27 AM
    GV70
    Quote:

    Originally Posted by JeanetteSmilez View Post
    I need help! I had a baby girl in february. I had been separated from my husband for 2 years and in the process of devorce. After my duaghter was born I finally got the devorce. The baby is not my ex husbands it is my fiencees but they would not let me put the biolagical father on the birth certificate. Please help I have no father on the birth certificate and want to add her father . What do I do? I just want to add her father to the birth certificate. I tried to ammend it and they said I could not so what do I need to do?


    Quote:

    Originally Posted by JeanetteSmilez View Post
    I need help! I had a baby girl in february. I had been separated from my husband for 2 years and in the process of devorce. After my duaghter was born I finally got the devorce. The baby is not my ex husbands it is my fiencees but they would not let me put the biolagical father on the birth certificate. Please help I have no father on the birth certificate and want to add her father . What do I do? I just want to add her father to the birth certificate. I tried to ammend it and they said I could not so what do I need to do?

    Correct! Bcause you were married it is presumed that your husband is the legsl father.Please read your divorce papers. It depends on whether the child is mentioned as a child of a marriage or not.
    You have to consult anattorney. The laws vary from state to state and I cannot give you a stright answer. The procedure will depend on your state law.
  • Oct 2, 2011, 05:31 AM
    GV70
    Ooops... I saw this one
    https://www.askmehelpdesk.com/family...te-477990.html

    I have to repeat myself:
    1. Your ex-husband IS presumed father.
    2. They are right.
    3. Hire an attorney and file in court for paternity determination.
    382.013(2)(a), Fla. Stat. (1999)("If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.");

    Quote:

    Originally Posted by JeanetteSmilez View Post
    I tried to ammend it and they said I could not so what do I need to do?

    You have to go through the court system.
  • Jun 13, 2012, 06:59 AM
    CaputoNL
    Quote:

    Originally Posted by JeanetteSmilez View Post
    I need help! I had a baby girl in february. I had been separated from my husband for 2 years and in the process of devorce. After my duaghter was born I finally got the devorce. The baby is not my ex husbands it is my fiencees but they would not let me put the biolagical father on the birth certificate. Please help I have no father on the birth certificate and want to add her father . What do I do? I just want to add her father to the birth certificate. I tried to ammend it and they said I could not so what do I need to do?

    Well you see the problem in your case, is you and obviously everyone else are missing the fact that you were not allowed to add your "fiance" as the child's father because that would mean your child was conceived by the commission of a crime, in most states a FELONY. Yeah see "separated" even "legally separated" (by that I mean even if you have filed with the courts for separation or even filed for divorce but the divorce is not final) does not make you DIVORCED. By the eyes of the law and everyone else by you... you were still married when your child was conceived. So basically the hospital, family courts naturally assume the husband is the father's child, since by law you should not have been even dating much less sleeping with another man. You many never be able to amend that birth certificate... and if the ex-husband is on the birth certificate then without him authorizing you to remove him... YOU CAN'T!

    This was offered to me by an attorney when I verified my answer: "Even in jurisdictions where adultery is not itself a criminal offense, it may still have legal consequences, particularly in divorce cases. For example, where there is fault-based family law, it almost always constitutes grounds for divorce, it may be a factor to consider in a property settlement, it may affect the status of children, the custody of children, etc. Moreover, adultery can result in social ostracism in some parts of the world."

    You need to A) tread very carefully with this issue or it will have dire consequences for you B) speak to a Family Attorney C) FIRST SPEAK WITH A CRIMINAL ATTORNEY, in some states they will let you amend the birth certificate so that your purger yourself of a crime. Oh one other thing, depending on the state you are in if the ex-husband contests this... you will lose custody of that child. See if he is on that birth certificate... he IS in the eyes of the law the father until he is removed. Quite a pickle you got yourself into...
  • Jun 13, 2012, 07:12 AM
    CaputoNL
    Sorry, ignore the parts in my answer about him being on the birth certificate, I had forgot you mentioned in your post there was no father on the birth certificate. However the rest of my answer is accurate. You need an attorney, or may not I just noticed your post is from 2010... I hope all turned out well for you.
  • Jun 13, 2012, 08:06 AM
    AK lawyer
    Quote:

    Originally Posted by CaputoNL View Post
    ... your child was concieved by the commission of a crime, in most states a FELONY. ...

    Oh really? No, I don't believe adultery is considered a crime in most states.

    "In the United States, laws vary from state to state. In those states where adultery is still on the statute books (although rarely prosecuted), penalties vary from life sentence (Michigan) to a $10 fine (Maryland) to a Class B misdemeanor (New York) to a Class I felony (Wisconsin). (footnotes omitted)" Adultery - Wikipedia, the free encyclopedia

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