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sherilynn29 · Oct 6, 2011, 10:48 AM

When my son was born his faher was in jail so he never signed the birth certificate so my son has my last name. I'm going through a battle right now with child support and medical benefits! Now in order for this to proceed we have to get a dna test done. If the father is proven to be the biological fater does that mean that the father can automatically have his name put on my sons birth certificate?

Synnen · Oct 6, 2011, 11:01 AM

Not automatically, no.

He can appeal to a court to have it done, though, and if he can show that it would be in the child's best interest it might be done.

You can contest it as well, though, and if you can show it's in the child's best interest to NOT change the last name, then it won't be changed.

It is ultimately up to a judge who determines what is in the best interest of the child.

kcomissiong · Oct 6, 2011, 11:29 AM

Syn,

I read this as the OP asking if the fathers name will go on the birth certificate once the court accepts the paternity results. The answer to that is yes. The birth registry will be updated to reflect the legal father, and any subsequent copies of the birth certificate will reflect that.

Synnen · Oct 6, 2011, 12:36 PM

Oh, I completely misread the question.

My sincere apologies! Yes, the father will be added to the birth certificate if paternity shows him as the biological father.

It will NOT necessarily update the child's last name, which is how I read the question to begin with.

Sorry for the confusion!

cdad · Oct 6, 2011, 01:12 PM

Originally Posted by kcomissiong

Syn,

I read this as the OP asking if the fathers name will go on the birth certificate once the court accepts the paternity results. The answer to that is yes. The birth registry will be updated to reflect the legal father, and any subsequent copies of the birth certificate will reflect that.

Actually the answer is NO it is not an automatic thing. They father of the child still has to apply for it. It is a legal document and it will take legal means to change it. DNA doesn't mean anything. All it shows is that who is the rightful bio dad. It has nothing to do with being the legal father. And once the courts start ruling on the matter then things can change after so long as they are applied for. If the father chooses not to excersize his rights the courts won't force that issue.

kcomissiong · Oct 7, 2011, 07:06 AM

once the courts start ruling on the matter then things can change after so long as they are applied for

I did make an assumption here that the genetic testing was pursuant to a court order to determine who the legal father was, so I jumped ahead. The OP never stated that this was the case.

Fr_Chuck · Oct 7, 2011, 07:19 AM

I am sorry it is NO, he will be legally the father proven though court order of paternity, but that does not place him on the actual printed birth certificate, at least in our area unless the father files for that also.

kcomissiong · Oct 7, 2011, 07:42 AM

In my state (VA) if there is no appeal filed to the court accepted determination of paternity, the update is automatic once vital statistics received a certified copy.

If no appeal has been taken from the final order and the time allowed to perfect an appeal has expired, a new certificate of birth may be prepared by the State Registrar for a child born in this Commonwealth upon receipt of a certified copy of a court determination of paternity

I guess where we all may have tripped up is not asking where the OP is to give the best info. So, sherilynn, where are you located?

cdad · Oct 7, 2011, 01:03 PM

Originally Posted by kcomissiong

In my state (VA) if there is no appeal filed to the court accepted determination of paternity, the update is automatic once vital statistics received a certified copy.

I guess where we all may have tripped up is not asking where the OP is to give the best info. So, sherilynn, where are you located?

Im not so sure it is an automatic thing. This is from Va Law.

[I1. To change or alter a birth certificate, such application shall be made by the reporting source, one of the parents, guardian, or legal representative of the child, or, if the person whose certificate is involved is 18 years of age or over, by the person himself.][/I]

It is very specific as to who can do what. So even after a court ruling it seems that only a parent or representative of the child would be able to make any changes.

Ref:

http://www.vdh.state.va.us/Vital_Rec...egulations.pdf

kcomissiong · Oct 7, 2011, 01:11 PM

Is it possible that the reporting source could be the court that issued the order for genetic testing? My earlier quote came from the same document, (12VAC5-550-310. Court determination of paternity is the section) so it seems that it isn't entirely clear. I can speak for my experience in VA that when our court ordered genetic testing was complete, a copy of the order establishing him as the legal father was forwarded to the department of vital statistics and the registry was updated. (This was in 2006 though)

cdad · Oct 7, 2011, 01:25 PM

Originally Posted by kcomissiong

Is it possible that the reporting source could be the court that issued the order for genetic testing? My earlier quote came from the same document, (12VAC5-550-310. Court determination of paternity is the section) so it seems that it isn't entirely clear. I can speak for my experience in VA that when our court ordered genetic testing was complete, a copy of the order establishing him as the legal father was forwarded to the department of vital statistics and the registry was updated. (This was in 2006 though)

Its possible that they issue an order as part of the routine. But by law they aren't required to. And the reference for "reporting source" is to outline who can do what. It's a definition not an entity.