[Tammyx2]

My sons father passed away a few years ago. When I was in the hospital giving birth to our son, the father was in another state so he did not put his name on the birth certificate. I did give my son his fathers last name on the birth certificate. My question is what can I do to prove that he is the biological father? Does the medical examiners office keep a blood sample of his? I don't talk to my sons family at all. But I feel that my son deserves to receive SSI. I just don't know where to start or what to do. I hope you will be able to to guide me in the right direction. Thank you so much for your time.


Tammy B.

[JudyKayTee]

My sons father passed away a few years ago. When I was in the hospital giving birth to our son, the father was in another state so he did not put his name on the birth certificate. I did give my son his fathers last name on the birth certificate. My question is what can I do to prove that he is the biological father? Does the medical examiners office keep a blood sample of his? I don't talk to my sons family at all. But I feel that my son deserves to receive SSI. I just don't know where to start or what to do. I hope you will be able to to guide me in the right direction. Thank you so much for your time.


Tammy B.

The name on the birth certificate is meaningless. DNA can be done using other family members if they cooperate. That could be a problem if considerable time has gone by.

SSI is a Supplemental (low) income benefit. Do you mean SS?

Why have you waited so long? The wait is going to cause difficulty.

No, the medical examiner doesn't keep samples of blood.

[Tammyx2]

Thank you for responding back. Yes, I did mean to say SS. I had contacted a source about this a while back and they were going to help me. This was actually the SS people. But as time went by, I never heard back from them. I didn't think there was anything I could do because his name was not on the birth certificate and since I don't talk to his family at all, I didn't think I stood a chance so I guess I just gave up. But then people started telling me that my son deserves this so I am trying again. I really don't think his family would be willing to do a DNA.

[JudyKayTee]

Thank you for responding back. Yes, I did mean to say SS. I had contacted a source about this a while back and they were going to help me. This was actually the SS people. But as time went by, I never heard back from them. I didn't think there was anything I could do because his name was not on the birth certificate and since I don't talk to his family at all, I didn't think I stood a chance so I guess I just gave up. But then people started telling me that my son deserves this so I am trying again. I really don't think his family would be willing to do a DNA.

Which State? I am reading that DNA testing can compare the child with grandparents, uncles, aunts, nieces, nephews, brothers and sisters (if there are siblings).

You can go to Court and request an Order for DNA testing of any one of these family members if you can show cause why you believe their deceased relative is the father of the child.

It's a simple mouth swab in most cases.

Yes, you should collect benefits for your son. If you don't need the money, put it in the bank for his college expenses.

I'd do it -

[Tammyx2]

I live in Richmond, Va. His relatives live in I think North Carolina. You mentioned that I could go to the court and request a DNA from one of the family members if I can show cause why I believe their deseased relative is the father of my son. How would I do that? I mean what am I supposed to use or show to let them know their son was the father of my child?

[JudyKayTee]

I live in Richmond, Va. His relatives live in I think North Carolina. You mentioned that I could go to the court and request a DNA from one of the family members if I can show cause why I believe their deseased relative is the father of my son. How would I do that? I mean what am I suposed to use or show to let them know their son was the father of my child?

You go to Court and explain that in order for your son to collect SS benefits you need to prove paternity and the father is deceased. You, of course, would need info on the family members.

The Court (hopefully) will issue an Order that certain people (or a certain person) be tested in their State, results transmitted to "your" State.

It's not terribly complicated.

His family doesn't know about his son? This will be a total shock to them? Have you considered writing them a letter, telling them about your son - their grandchild (or nephew or brother)? They might be thrilled to find out about your child.

[Fr_Chuck]

It is obvious you have no idea what to do, no one here can explain the complicated legal system to do this. You need an attorney, you will prove paternity, once proven, your son has right to claim his SS benefits.

The longer you wait the harder it will be and the more likely to be turned down.

[Tammyx2]

His family does know about my son.. . I saw them when I was pregnant with my son but they have never seen him in person. I have sent them pics in the past before the father passed away and spoke to them on the phone. They kept telling me they wanted to meet him but never made any effort to do so. But yes, the are very aware that they have a grandson, nephew, cousin, etc. And before the dad passed away, he was always telling them how much his son looked just like him. He never once tried to deny our son. He passed away in 2009. But anyway, I just want to get some kind of progress started because I'm sure its going to take a while. I can't even remember his moms last name or anything to even get in touch with his family. Just the first names unfortunately.