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momoflex · Aug 9, 2009, 04:22 PM

My daughter's father died when she was a year old. He wasn't on her birth certificate because I was very young (and dumb) when I had her. Is there any way to add him now. She is now 13 and wants his name. His family supports it.

stevetcg · Aug 9, 2009, 04:29 PM

You will need to petition the local court. This might not be possible, however. There are issues involved with deceased and survivor benefits which she would possibly be eligible for.

Contact a local lawyer. Its possible, but not a slam dunk.

cdad · Aug 9, 2009, 04:52 PM

You may need DNA to prove he was the father. Was he in the service ?

stevetcg · Aug 9, 2009, 04:58 PM

Originally Posted by califdadof3

You may need DNA to prove he was the father. Was he in the service ?

They weren't regularly doing DNA sampling 12 years ago in the service. This might not be possible.

cdad · Aug 9, 2009, 05:02 PM

Originally Posted by stevetcg

They werent regularly doing DNA sampling 12 years ago in the service. This might not be possible.

Although it may be true as far as the service is concerned. They did do some back then. Mostly DNA can come from other family members on the fathers side to prove there is a line in place. When you have nothing you have to start somewhere.

Also she may not need anything but a death certificate for the name change part. Its only the adding of his name to the borth certificate that it may make a difference.

stevetcg · Aug 9, 2009, 05:06 PM

Multiple samples from the fathers immediate relatives might be able to be used. It wouldn't set precedent. This is really going to require a sharp lawyer though.

momoflex · Aug 9, 2009, 05:33 PM

Thanks guys! He wasn't in the military and I really don't care about the benefits. Just the name change. I guess I will get an attorney. I was hoping someone would have a simple fix for this complex problem!

It cracks me up that you said "i'm not lawyer, but I play one on t.v" because I use it all the time! Again, thanks!

momoflex · Aug 9, 2009, 05:36 PM

Forget that last comment! Apparently I can't read! You said you Don't play one on TV! Haha

stevetcg · Aug 9, 2009, 06:35 PM

I COULD play one on TV... ;)

If its just a name change, you can do that without the birth certificate change adding the father.

At the end of the day, if you aren't interested in the benefits the birth certificate is just a piece of paper and it doesn't make your child have or not have a father any more. Paper doesn't change biology.