[el2006]

This is an interesting dilemna...

19 year old Daniel living in Dallas Texas seems to have incorrect information on his birth certificate - the father listed is genetically incorrect.

Here's the story:

Born in California, mother, Jennifer was together (not married) with true father Robert (approximately 6 years). Together they had Daniel. At the hospital, biological father was not present at the signature of the birth certificate. A friend at the time, Timothy, was present at the hospital and signed the birth certificate while Jennifer was in recovery.

When Daniel was 3 years old, Robert was killed in a car accident.

At this time, Jennifer contacted Robert's family, resulting in a massive and violent altercation. Jennifer moved to Texas and attempted to contact social security in order to receive benefits. All claims were denied because Robert's name and signature did not appear on the birth certificate.

10 years later, when Daniel was 13 years old, Jennifer returned to Oregon and visited Robert's gravesite and left a photo of their son, Daniel, on the gravesite. Robert's sister & mother found the picture and immediately contacted Jennifer and Daniel - stating that Daniel looked just like Robert, that there was no doubt in their mind that Daniel wasn't Robert son, etc.

They sent airplane tickets to Jennifer and Daniel to visit them in Oregon - which they did for 2 weeks. At the end of 2 weeks, Roberts family wanted to keep Daniel with them in Oregon. Daniel informed them that he wanted to stay with his mom. From this point until present, daniel is unable to enter contact with them. He has made numerous attemps - letters, cards, telephone calls, etc.

BOTTOM LINE / GOAL: Rectify Birth Certificate with correct information & resubmit request for benefits to Social Security.

Apparently, there is a need for DNA testing however, Daniel is uncertain as to how to proceed at this point.

Would you be so kind as to give your thoughts and ideas on the best approach to take in this situation?

Thanks in advance. I know he'll really appreciate it.

[ScottGem]

What Daniel needs to do is contact the Birth Registrar in the county he was born. They can tell him what procedure is necessary to correct the birth certificate.

However, I believe SSN dependent death benefits expire at 18. So I'm not sure if he can expect any benefits even if the because is corrected.

[Fr_Chuck]

You will need to first prove it, by DNA tests and get a notorised statement from the man who falsified the birth certicate.

I would also have to say that when the birth certificate was given to the mother at the hospital for her to sign, why she did not see it then, or when she got the copies back after she got home latter.

And why after the fathers death she did not go to correct the problem at the time..

So as I wonder, the court may wonder and ask also why has everyone waited so long.

But after you can prove it is wrong, you will need a court order to make a change in the birth certificate.

Also some states even have laws that don't let you do it, some states in the US have it that after a few years if not challenged the person who listed is the legal father. Even if DNA proves he is not.

So a trip to an attorney to see if there is even a chance in your state or area to do this.

Next I doubt if they will allow any back benefits so there is little hope there, but again that is my opinion, professional legal service is what you need

[s_cianci]

Since Daniel's biological father is dead, a DNA test is out of the question. Timothy is Daniel's legal father since he signed the birth certificate. Convincing the Social Security Administration to pay Daniel Robert's death benefits will be virtually impossible given the circumstances. I don't think you have any way around this.