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-   -   Fathers name left off birth certificate (https://www.askmehelpdesk.com/showthread.php?t=332236)

  • Mar 21, 2009, 08:15 PM
    adrescher
    Fathers name left off birth certificate
    My son in law's name is not on his child's birth certificate because my daughter and he were not married at the time of her birth. The reason he wasn't put on the birth certificate was because my daughter's divorce was not final from her previous husband. How can they have his name put on the certificate without having to hire an attorney? They cannot afford to hire an attorney and I'm trying to help them get this done. His daughter is 5 years old now and they have not done it because they were told it required an attorney.
  • Mar 21, 2009, 08:17 PM
    ScottGem

    Check with the local family court for the process.
  • Mar 21, 2009, 08:27 PM
    adrescher

    They did and were told to hire an attorney. I can't believe it would be that difficult to do themselves. We are in Effingham County, Georgia and I think they just don't want to be bothered.
  • Mar 21, 2009, 09:12 PM
    logicalthinker

    Is her ex husband listed on the birth certificate?
  • Mar 21, 2009, 09:19 PM
    cdad

    Its because if she was married at the time of conception up unto birth then the presumed father in many states is the husband. If that is correct there may not even be a challenge that can progress without the ex husbands permission or denial of the child.
  • Mar 21, 2009, 10:07 PM
    adrescher
    Yes, the presumed father is the ex-husband because he was the husband at time of birth. He would have to give permission to list the biological father on the birth certificate. It seems that he could give permission by affidavid or something like that and they could go forward with the process. Does not seem like a big deal since both biological father and ex-husband is willing participants.
  • Mar 22, 2009, 12:50 PM
    ScottGem
    Quote:

    Originally Posted by adrescher View Post
    It seems that he could give permission by affidavid or something like that and they could go forward with the process. Does not seem like a big deal since both biological father and ex-husband is willing participants.

    The problem here is that a birth certificate is a legal document. As such to change it may require a court order. So check with your local Family Court for the process.

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