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missyrae · Nov 6, 2009, 12:35 PM

I have a 4 yr. old son and his biological dad and I are together now. I was married at the time I got pregnant and didn't know who was the dad. I got a divorce and in my divorce it states that my ex is not my sons father. My ex is on my sons birth certificate and my son has his last name as well. His biological dad and I did a DNA test through the mail for peace of mind. We want to take my ex husbands name off the birth certificate and put the biological dads name on it as well as change my sons last name to his biological dads name. We are planning to get married so should we just wait until after that to take care of this? I don't want to open up a child support case since we are together and he helps pay for a lot of things. We have a vehicle loan, bank account, lease, etc. together in both our names.

ScottGem · Nov 6, 2009, 12:47 PM

You NEED to consult a Family Law attorney in your area. In many states, a child born to a married couple will automatically have the husband as the legal father. By signing the birth certificate, he acknowledged paternity, despite what was said in the divorce papers.

The most likely scenario is that the bio father will have to adopt the child, with the legal father's agreement. In many states, this means getting married first.

As you can see there are a number of factors at play here. By consulting with a local Family Law attorney, you can learn exactly what you need to do.

Remember a birth certificate is a legal document and only a court can approve changing it.

missyrae · Nov 6, 2009, 12:52 PM

My exhusband has no problem with having his name removed from the because. He has nothing to do with us since the divorce.

ScottGem · Nov 6, 2009, 01:45 PM

Originally Posted by missyrae

My exhusband has no problem with having his name removed from the b/c. He has nothing to do with us since the divorce.

That's not the point. I assumed that would be the case, but it may NOT be his choice. It depends on what the law says. If the law says he's the legal father, then he may not have any choice unless the bio father adopts.

missyrae · Nov 6, 2009, 01:46 PM

I will have to research what Indiana law says about this.

ScottGem · Nov 6, 2009, 02:42 PM

This site is where you need to look.

Indiana Code TITLE 31, Article 14 Table of Contents

As I indicated the law states that your husband has the assumption of paternity and his being listed on the birth certificate means he's the legal father.

Furthermore, an action to change that is supposed to be filed within 2 years. However, since all parties are in agreement, that requirement can be waived.

Bottom line, is you need to get a court to change legal parentage. An adoption may not be necessary, but a paternity hearing with a court approved paternity test will be.