[afranklin5599]

I was with the guy that I thought was my son's father, when my son was born he signed the birth certificate in 2008. We got a DNA test done a month ago and he was proven not to be my son's father. Now I need help removing his name and changing my son's last name. Everybody that I have talked to, and everybody is telling me something different. I live in Columbia, SC (richland county). Can someone please help me!

[JudyKayTee]

IF it was a court-ordered, court-recognized DNA the court will order that the because be changed. If it's some sort of home testing kit it is NOT recognized by the courts.

You can change your son's last name by doing just that - showing a compelling reason to legally change his last name. That does not change the because.

Here is all the info you need concerning the because, straight from the State of SC. http://www.state.sc.us/dss/csed/form.../unmarried.pdf

Are you aware that it's a felony to list someone who is not the father on the because? That's why you swear that what you are putting down is the truth, no exceptions.

[GV70]

Title 63 - South Carolina Children's Code
SECTION 63-17-10.
(E) Whenever an action threatens to make a child illegitimate, the presumed legal father and the putative natural father must be made parties respondents to the action. A child under the age of eighteen years must be represented by a guardian ad litem appointed by the court. Neither the mother nor the presumed or putative father of the child may represent him as guardian ad litem.

SECTION 63-17-50. Verified voluntary acknowledgments.

(A) A verified voluntary acknowledgment of paternity creates a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of:

(1) sixty days; or

(2) the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party.

(B) Upon the expiration of the sixty-day period provided for in subsection (A), a verified voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.

SECTION 63-17-60. Admissibility of evidence.

(A) The following evidence is admissible at a hearing to determine paternity:

(1) Results of genetic tests as described in Section 63-17-30 from physicians, agencies, hospitals, laboratories, or other qualified testing facilities, properly verified to show the chain of custody of blood samples. This evidence, must be introduced and admitted without the foundation testimony or other proof of authenticity or accuracy unless a challenge has been asserted by motion at least twenty days before the date of trial. Any party to the action, absent stipulations to the contrary, may demand the right to have additional testing conducted at the expense of the party who demands the additional testing.

4) A verified voluntary acknowledgment of paternity. This acknowledgment creates a rebuttable presumption of the putative father's paternity except that a verified voluntary acknowledgment of paternity executed after January 1, 1998, creates a conclusive presumption of the putative father's paternity subject to the provisions of Section 63-17-50. The person acknowledging paternity must be given the opportunity to seek legal advice prior to signing a verified voluntary acknowledgment. A verified voluntary acknowledgment must be made by a sworn document, signed by the person acknowledging paternity and witnessed by (1) that person's attorney, parent, or guardian or (2) a person eighteen years of age or older who is not related to the child and not employed or acting under the authority of the Department of Social Services. The witness must attach to the acknowledgment a written certification which specifies that prior to signing the acknowledgment, the provisions of the acknowledgment were discussed with the person acknowledging paternity and that, based upon this discussion, it is the witness' opinion that the acknowledgment is being given voluntarily and that it is not being obtained under duress or through coercion.

[ScottGem]

I can sum this up in three words: Get A Lawyer!

You can challenge the paternity, but you will need to do so in court. You will need to get a paternity test done by a legally admissible authority or have the court order one.

Why do you want to do this, by the way? Does the real father want to be a part of his child's life?

[GV70]

You can challenge the paternity, but you will need to do so in court. You will need to get a paternity test done by a legally admissible authority or have the court order one.

It is possible / according to 63-7-40 4-a verified voluntary acknowledgment of paternity executed after January 1, 1998, creates a conclusive presumption of the putative father's paternity / that signing an acknowledgment means that neither the father,nor the mother can challenge his paternity./s.c. Res Judicata/
Unfortunately I do not have case law from SC.