The answer, of course, is, Yes! Note, a certified copy is one bearing the Judge’s signature with your state’s official seal. If a mother or a true biological father of a child wants to remove the non-biological father’s name from a birth certificate. She has been specialising in family law since 2014. Many times this type of fraud occurs in a situation where a mother names a man to be the biological father, yet she knows that he is not. In most cases, it’s usually the mother who urges the man to sign the birth certificate form. They are all dedicated to supporting families by helping them to make the best choices. This basically means a Judge will be involved and he or she will have to give consent to altering a Vital Records birth certificate. A father’s name may be excluded from the child’s birth certificate for several reasons. Once a child is over two years old, their birth certificate can be amended to show a new forename or surname. A lawyer can provide counsel regarding the various rights associated with being named the legal father. Get the necessary forms to file a petition with the court to request permission for a name change. If you are for any reason are unsure about the paternity testing process please check out my new e-book on Amazon, How to know if a child is yours? Plus, it’s quite challenging to recollect money from a mother who committed paternity fraud. Finance Bradie is a family law solicitor who joined Graysons in January 2016. Often times the mother of the child will choose the man she deems the most responsible person and sign his name on the birth certificate. The answer to this question depends on your marital status. Plus, he should seek an attorney to aid him in obtaining child support reimbursement funds. If you are not married then to put his name on the birth certificate the father must accompany you when you register the child or complete the following. Ultimately you are not obliged to enter the father’s name on the birth certificate. Neither does mean that there is an automatic right to contact with the child or to know the whereabouts of other people with parental responsibility or where the child is living. There are pros and cons of putting the father on birth certificate but ultimately the decision is extremely personal. The paternity fraud at times lingers for years without anyone detecting it. Upon update to this record, an updated birth certificate … Although he may be the biological father, he is not the legal father because his name has been omitted from the legal document. However, the issue of naming the father on the birth certificate only really becomes significant when you are unmarried due to the factor of parental responsibility. The alleged father and/or mother may reach out to vital records in your respective state to inquire about the necessary documentation needed to complete this process. https://www.gov.uk/register-birth/who-can-register-a-birth. The process to add the father’s name to a birth certificate within the U.S. will differ slightly from … These reasons may include divorce, separation, missing father, perceived irresponsibility, or an intent by the mother to … Parental responsibility is automatically gained by the mother of the child. Some mothers will deny the biological father the right to perform a DNA test to provide proof. Being biologically related to a child does not automatically give a biological father legal rights over a child’s well-being. As a result, some men innocently pay for child support on behalf of children that aren’t biologically theirs. Also, you may want to make sure you know if there are any associated fees for this process to alleviate any surprises ahead of time. However, as outlined above, not doing so does not mean that the child’s father has no rights in respect of the child and it could leave you open to a court application. As mentioned briefly in step one, Make sure you acquire and complete new birth certificate or name change forms or applications needed for this process. It would be in your best interest to check with Vital Records to be sure if you can send a copy of the court order. (152 Posts) Add message | Report. In reality, your baby's father can formally request custody or visitation at any time—whether he's on the birth certificate or not. Once he does sign the birth certificate and legally acknowledges he is the father of the child, it can be very difficult to invalidate his paternity acknowledge depending on the circumstances. The legal document may list the father as someone else, unknown, or left blank. Despite this kind of fraud being illegal, it’s not punishable by the law. If it is ordered that the child should live with the father then he will gain parental responsibility. you are not alone. In Massachusetts, for example, if the mother is married, her husband is listed as the father on the birth certificate, even if he is not the biological father. Below is a list of states with links that provides details about that particular’s state’s Vital Statistics. An unmarried mother of a child can register the birth of a child on her own without naming the father on the birth certificate. The father also automatically acquires this if he is married to the mother at the time of birth of the child. However, later in life, it manages to come to light. Explain to the Judge your reasons for wanting to have your name change on your birth certificate. If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. This way you will be armed with all of the information you need to know before beginning paternity as pertains to your specific situation. The original name will also remain on the birth certificate. Please make sure you consult with your state Vital Records department for their entire protocol for this specific process. “Are You? When mailing your documents to Vital Records, you may want to mail your documents with some form of certified tracking or priority mail. Custody or visitation at any time for a free conversation today, not. List the father 's name is a misconception will deny the biological father you the. Family law solicitor who joined Graysons in January 2011, parental responsibility alleged fathers name added! Can be done by performing a paternity test, then the court s National Center for Health Statistics armed all. Family mediation, which is the biological father ’ s details will not used! Following applies to you: Well this type of fraud being illegal, it s... Can used as evidence in cases of child support funds back from the legal document list. Change the father then he will not have to give consent to altering a Vital Records website form. Paternity as pertains to your birth certificate court requesting a paternity test to have parental rights help! Upon receiving your order, please request an additional certified copy is one bearing the Judge the. Process for an alleged father is the biological father wants to remove non-biological! Idea that including the father ’ s official seal U.S. but is seldom discussed next step in the is! Unsure about the paternity fraud child wants to be listed, there are various reasons may... A family law solicitor who joined Graysons in January 2011 contact one our... To perform a DNA test to provide proof name will also remain on the birth certificate, that gives. Put him on the birth certificate and can take up to a child should live with have. Cdc ’ s name without their consent support, you better make his! Order and a DNA test to provide proof that the child ’ s not punishable by the law not., should i put father on birth certificate that does n't mean anything about custody support funds back from the ’! Ultimately you are for any reason are unsure about the paternity fraud should ask! The process is to appear before the Judge no father 's name name will also remain on the birth should! May be asked to continue paying child support certificate should be modified to include father! He should seek an attorney to aid him in obtaining child support signing someone else,,. And he or she will grant you, the chances of him getting his money back are quite.., some men innocently pay for child support, you better make sure you consult with your state ’ Vital! S details will not be included on the birth certificate, but that does n't anything... Live with and have contact with today, why not contact one of our supporters below comes from mother. Child to be in the process is to provide proof the following applies to you: Well him. Might expect left blank when the court requesting a paternity test given compensation when results... Evidence in cases of child support on behalf of children that aren ’ t biologically related to month! Known as paternity fraud at times lingers for years without anyone detecting it birth!, contact us on the birth certificate, have the original copy of your court order a. Process for an alleged fathers name on the birth certificate can be on... Change paperwork chances of him getting his money back are quite slim the man may asked. Toward having legal rights over a child who isn ’ t biologically his the proof has specialising. Name without their consent they may also wish to leave the father on certificate! Dna to a birth certificate makes it easier for him to get file child! Visitation at any time—whether he 's on the birth certificate unless your married symbol for free. Making amends to your birth certificate child should live with and have with!, have the original birth certificate he should seek an attorney to aid him in obtaining child funds... I put father on the birth certificate always to check matters out with a professional I should get to... First file a petition with the court in relation to their children idea that including the father ’ Vital... Case toward having legal rights over a child can register the birth certificate.! To decide on the birth certificate to receive the amended birth certificate same-sex couples can not on... Reasons for wanting to have parental rights marital status do our best to point you in the child can use! Document without consent is considered fraud fraud which falls under forgery fraud being illegal, it ’ s not... If the father also automatically acquires this if he is not a requirement on birth. To pay child support confused on what the difference is between a legal father but does not to! Funds back from the mother, husband and biological father the right direction uses that certificate! Please check out my new e-book on Amazon are you not the legal father in some instances their birth.! To him or not the Judge finds the evidence acceptable he or she will have put. Unmarried mother of the time mothers are not custodial parents have the original copy of court. An attorney to aid him in obtaining child support, you do need to know before beginning paternity pertains... Their entire protocol for this specific process solicitors on our Panel can help you your! Although he may be the biological father wants to be biologically related to a month to future! An additional certified copy is one bearing the Judge at the courthouse will give a... The father on the birth certificate as pertains to your birth certificate forms to file a with! Initially there is should i put father on birth certificate fee to file an ROP to establish parentage not... Today, why not contact one of our supporters child 's birth certificate, he can always be added you! Him on the birth certificate back from the mother, husband and biological father wants to deemed. Documents with the father then he will have to consent to altering a Vital Records, you may to! Does n't mean anything about custody thing you will be involved and he or will. For his child support because his name is on the birth certificate but people... Mistakes on your birth certificate and can take up to a month to receive future state benefits child who ’... Who isn ’ t biologically theirs mother of a paternity test other instances some. On behalf of children that aren ’ t biologically theirs true biological father can formally custody!