[CLT1995]

I was not married when I gave birth to my daughter in Dec 95, the biological father did not want me to keep the pregnancy,(to pay child support) and left the area I lived when I was 7 months pregnant. I did not enter his name on the birth certifacate at her birth. In Dec 1997 I married, my daughter was then two years old). She carried my name and when married we wanted hers to reflect my married name as well. I was due to be reassigned to Germany(army) and needed a dependent military passport for my daughter and wanted the new name reflected. I called the court asking what I needed to do make a legal change of her name quickly. When asked if the biological father's name was on the birth certificate I answered no and was then told that my husband should take the name on the birth certicate. I asked, even if he isn't the bio-dad and he said yes. We amended the birth certificate to add his name and my maiden was removed and given his last name.
I have tried to find her bio-dad on and off for years (she asked to meet him when she was 9. She is now nearing 16 and fully understands the dynamics of how everything transpired with us wanting to have her to have our last name. She loves her step-dad but requests for her own personal reasons to have her step-dad's name removed from her birth certificate. She demands her biological father acknowledge his paternity, officially on her birth certificate and her hispanic ethnicity recorded legally (she looks hispanic). My husband is understanding of her need to validate her identity and it is only a piece of paper to him, doesn't change is love for her. I have not made contact with her biological father yet. How do I get her step-dad's name removed at her request?

[cdad]

Im still not sure how you got it changed in the first place. From the sounds of it fraud was committed somewhere along the line. The person who had told you what to do should be sued out of existence. And you could face possible prison time for deliberately hiding the child.

You need to contact a lawyer and straighten this mess out before it gets any deeper.

[GV70]

How do I get her step-dad's name removed at her request?

Pursuant to NY Family Court Act §516-a, father” can petition for Rescission of Voluntary Paternity Acknowledgment, and it can only be used if he signed an Acknowledgment of paternity. Also, Social Services Law §111-k(2)(a) mentions the issue of disestablishment. It states that either signatory (either parent) can file a court action to vacate the acknowledgment, within 60 days of signing the acknowledgment

[GV70]

I guess whether a three party agreement will be allowed .

[ScottGem]

I agree with Califdad to a point. While I doubt if you would be prosecuted for this fraud, you illegally amended a birth certificate.

For the birth certificate to be changed now, would require the permission of the bio father and the step father AND a court of law.

If you can't find the bio father, there is nothing you can do. I would tell your daughter, that, when she turns 18, she can apply to the courts to have her name changed to the bio father's without a problem. That doesn't mean she can have him listed on the birth certificate as the father though.