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    marianalizzie's Avatar
    marianalizzie Posts: 1, Reputation: 1
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    #1

    Jul 14, 2011, 07:21 AM
    Removing non biological father from birth certificate?
    What is the time limit of removing non biological father from a birth certificate? I live in NY. I am married and my husband is not a bio father of my child.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jul 14, 2011, 07:41 AM
    Quote Originally Posted by marianalizzie View Post
    what is the time limit of removing non biological father from a birth certificate? I live in NY. I am married and my husband is not a bio father of my child.
    Because you were married, your husband is automatically assumed to be the child's father. The only way to change the listed father's name on the BC is through a court order.

    How old is the child? Did you have a DNA test done to confirm who the child's father is?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #3

    Jul 15, 2011, 06:41 AM
    A child born in wedlock is the child of your husband, regardless of the actual paternity. You would not just have to disprove his parentage, but prove who the father is. That man can then petition to have the birth certificate changed. (JudyKayTee is great for NY questions... she can probably shed more light on the actual process, and if there are time limits)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 15, 2011, 09:25 AM

    If you were married at the time of birth, your husband is presumed to be the father and IS the legal father until a court orders otherwise.

    Does the bio father want to assert his rights?
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