[tuckern]

My son signed the birth certicate of the child he thought was his, but after the dna test proved he isn't, how can he go about taking his name off the cetificate?

[JudyKayTee]

my son signed the birth certicate of the child he thought was his, but after the dna test proved he isn't, how can he go about taking his name off the cetificate?

He petitions the Court to remove his name. In NY you can send the info (Court-recognized DNA) to Vital Records and they'll make the change.

Was there a Court proceeding? The Judge didn't order the change?

[ScottGem]

What prompted the DNA test? Was the test ordered by a court?

[GV70]

It would be helpful for us if we know which state has jurisdiction over the case. The laws vary from state to state.
He may prevail in Tennessee but he will lose in California.

[GV70]

He petitions the Court to remove his name. In NY you can send the info (Court-recognized DNA) to Vital Records and they'll make the change.

Was there a Court proceeding? The Judge didn't order the change?

Probably it was a private test...
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. Also, after 60 days, either parent can challenge the acknowledgment in court action based on fraud, duress or material mistake of fact.

http://www.nycourts.gov/reporter/3ds...2006_05238.htm
Matter of Shondel J. v Mark D.
2006 NY Slip Op 05238 [7 NY3d 320]
"In this child support proceeding, we hold that a man who has mistakenly represented himself as a child's father may be estopped from denying paternity..., "

http://law.justia.com/cases/new-york...008-52634.html
Matter of L. v P. 2008 NY Slip Op 52634(U) [22 Misc 3d 1114(A)]
Two documents were annexed to the petition: a birth certificate for Terrell in which the box for the father's name is blank, and a DNA test result from Identigene®. When the Respondent appeared before Support Magistrate Katerina Contaratos, he requested a blood test claiming he already knew he was not the child's father from a privately-arranged paternity test which excluded him.
DECISION
... this Court finds that the Petitioner has established, by clear and convincing evidence, that the best interests of the child would not be served by granting the Respondent's application for DNA testing.



P.S.- This post is not related to the main subject...