[thamcw]

My question involves paternity law for the State of: Maryland.

My girlfriend gave birth to her son in 2006 in Maryland out of wedlock. She now lives in Los Angeles with her son. She wishes not to acknowledge the biological father and would like to use her maiden name for her son's last name.
However, at the time of birth, my girlfriend's friend (who is female) helped her fill out the hospital records forms and erroneously listed her [the friend] as the father...and now the child's last name is of her friend.
My girlfriend only has the paper from the hospital, and has never ordered a birth certificate.

1. Does my girlfriend have to amend the birth record or birth certificate? Is there a difference?

2. How does she amend the last name? What would she have to provide to whom/where? (Child was born in MD, but mother and child lives in CA)

3. How does she follow up to create a birth certificate subsequent to the name change without anything screwing up?

Thanks in advance,

[Mr. Knowitall]

You seriously believe that this friend added her name by accident? And your girlfriend didn't notice the problem when she signed?

You need to help us out here - this was an application for a birth certificate (with her friend perhaps also "accidentally" marking that she was married to the mother), or an acknowledgment of paternity? If it was an acknowledgment of paternity, which is an affidavit, how did she manage to "accidentally" convince the notary that she was a man?

[thamcw]

You seriously believe that this friend added her name by accident? And your girlfriend didn't notice the problem when she signed?

You need to help us out here - this was an application for a birth certificate (with her friend perhaps also "accidentally" marking that she was married to the mother), or an acknowledgment of paternity? If it was an acknowledgment of paternity, which is an affidavit, how did she manage to "accidentally" convince the notary that she was a man?

yes because girlfriend's friend is female. the form was filled out by the moron friend at the hospital..this form is the hospital record form. not an acknowledgement of paternity.

what to do?

thanks in advance.

[aaron]

My son was born in Maryland. At the time I pregnant I was together with my partner who is female. When I gave birth, she put her name as the father on the forms at the hospital. Long story short, I was distressed and made poor choices and needed someone to be with me regardless of their orientation.

Now my son (3 yrs old) and I live in California. How do I change the name of my son's last name to mine? Biological father is unknown, and my ex-partner is definitely not the real father because she is physiologically impossible to be.

What do i need to do? Details will really help as I'm not familiar with court order or w/e processes. I have the the pink copy of the hospital records, I've never made the actual birth certificate.

At this point, you're going to have to bring a legal action in the State of Maryland to have the affidavit of parentage set aside on the basis of fraud, duress, or material mistake of fact. The relevant law is quoted in this thread.

[thamcw]

At this point, you're going to have to bring a legal action in the State of Maryland to have the affidavit of parentage set aside on the basis of fraud, duress, or material mistake of fact. The relevant law is quoted in this thread.

Thanks. That was really helpful. It seems that I will have to get a court order and show that there was a material mistake; and then have the court order rescind the affidavit of parentage; then I can have the birth records/birth certificate changed.
Could you (or someone else) please tell me how to actually get a court order? Does this have to be done in person in Maryland (I live with my son in California now) or may I appoint someone (friend/relative)? I really am hoping to avoid a lawyer because I can't afford the fees. Or can I do this in California?

Thank you kindly.