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Allyquestions · May 4, 2014, 06:33 AM

Hi,

This is a shaggy dog story. My x-husband's parents were married to other people when he was born, however they lived together as common law wife/husband, without changing their names. Because the father was a preacher, they chose to list mother's husband as the father on the x's birth certificate. Both parents are deceased and there is only 1 surviving sibling from the father's legal marriage. She would consent and endorse any action to correct the birth certificate and continue on the family name.

The x and I have one biological child. I am currently doing her family tree and understand the importance of having the records straight.

The questions is what kind of petition should be filed, and how to do this? I have some legal knowledge and it looks like Georgia requires paternity and legitimation to correct a birth certificate, but I cannot figure out how to establish paternity if the parents are deceased? Any help would be greatly appreciated.

Many thanks in advance.

J_9 · May 4, 2014, 06:38 AM

How long ago was this? There is usually a time limit to challenging a birth certificate.

Allyquestions · May 4, 2014, 06:41 AM

Originally Posted by J_9

How long ago was this? There is usually a time limit to challenging a birth certificate.

My x is 45, his father died in 1989. The biological father's family would not object and would probably aid in fixing this, as the father always claimed the x, though not legally.

J_9 · May 4, 2014, 06:49 AM

Under these conditions, changing the actual birth certificate is basically impossible. Typically a birth certificate can be challenged within a specific time limit. At 45 years of age, this time limit has passed. Also, paternity will have to be proven through a DNA test. If not done already, it is possible to have it done through siblings, but the best proof is through parentage itself. As the parents are deceased, this would not be possible.

AK lawyer · May 4, 2014, 06:50 AM

I am currently doing her family tree and understand the importance of having the records straight.

I, for one, don't.

You do understand that a "family tree" is not a legal document? Why do you imagine that there is any "legal" importance to doing this?

If you want your "family tree" to be accurage, simply put notations on it to describe the actual situation.

Originally Posted by J_9

... As the parents are deceased, this would not be possible.

We don't know that their DNA samples are unavailable.

J_9 · May 4, 2014, 06:52 AM

I need to add that married couples, then and now, are/were required to list the legal father on the birth certficate. This means that the mother must list the man that she is legally married to, not the "common law" husband as the legal husband is presumed to be the father legally.

Allyquestions · May 4, 2014, 07:09 AM

I am going to hold out hope that we can correct this. I think there probably is a way, but not sure how yet. Frankly, the reason why I want to get this done is because is it is the "truth", plain and simple. From a legal records standpoint, there is no way that I know of to put an asterisks on the record. As my father's family is big into genealogy, I understand the importance of having a documented train of birth records, whether it is for a society or future generations. I am not looking for some kind of "pot of gold" on any level, just for the descendants of my child to have accurate legal records. I know how to do the legal name change, but that is legally insufficient for a true path of descent.

J_9 · May 4, 2014, 07:14 AM

Originally Posted by AK lawyer

We don't know that their DNA samples are unavailable.

No, we don't. However, in 1989 DNA testing was not as technologically advanced as it is today. This is why I suggested sibling testing. Also, it may be possible with exhumation of remains.

ScottGem · May 4, 2014, 07:21 AM

Actually, as J_9 said, from a legal standpoint, the husband of your ex's mother was the legal father. He was put on the birth certificate not because the mother chose to, but because it was the law.

I agree with AK that I don't understand what you mean by "legally insufficient for a true path of descent". The only legal need to determine descent is for inheritance. If you want documentation, then you provide notarized affidavits from his parents and family to state the true parentage. That should be more than sufficient for an genealogy charting.

A person can use any name they want as long as there is no intent to commit fraud. So, again, there is no real need for a legal name change.

The asterisk you refer to goes on the genealogy chart not on any legal record. I do understand that you want a paper trail, and the affidavits I refer to can provide that.

Allyquestions · May 4, 2014, 07:52 AM

Originally Posted by ScottGem

Actually, as J_9 said, from a legal standpoint, the husband of your ex's mother was the legal father. He was put on the birth certificate not because the mother chose to, but because it was the law.

I agree with AK that I don't understand what you mean by "legally insufficient for a true path of descent". The only legal need to determine descent is for inheritance. If you want documentation, then you provide notarized affidavits from his parents and family to state the true parentage. That should be more than sufficient for an genealogy charting.

A person can use any name they want as long as there is no intent to commit fraud. So, again, there is no real need for a legal name change.

The asterisk you refer to goes on the genealogy chart not on any legal record. I do understand that you want a paper trail, and the affidavits I refer to can provide that.

Lolol.. too many years being in the legal world. I think of 100 years from now and, if someone doesn't have the affidavit, then they will bark up the wrong tree.

I am kind of anal about this because my family is part of the Mayflower, American Revolution, etc. societies - I have never inquired, but I do not think they will readily accept anything other than birth certificates or court orders - maybe an affidavit, but I will have to check. My child already has entry to these through me because I know the history of my family. I was also a history major in school - I simply want to correct the record if I can. Knowledge is power. I am just wondering if someone has the knowledge so I can do what is in my power to do.

Thanks for all your help too!

ScottGem · May 4, 2014, 08:12 AM

And if someone doesn't have the court or birth records? We live in a digitized society. You can record the documents on a DVD for semi permanent storage. The bottom line is you would first have to get all the affidavits I mentioned, then petition a court to authorize the change in the records. You may be able to prove paternity by familial DNA.

But the bottom line here is what's the big deal? If you can prove your ancestry, then your son has that proof. What does tracing his fraternal side have to do with any of that?