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Taking Name Off of a Child's Birth Certificate

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  • 11-24-2010, 11:50 AM
    calvin.revelle
    Taking Name Off of a Child's Birth Certificate
    My question is simply but weird. I just got DNA results back stating I am not the father. How can I get my name off the birth certificate? The child is 4 years old and will be 5 in May 2011.
  • 11-24-2010, 11:55 AM
    LawResearcherMissy
    Re: Taking Name Off of a Child's Birth Certificate
    Depends on the state you're in.
  • 11-24-2010, 11:57 AM
    calvin.revelle
    Re: Taking Name Off of a Child's Birth Certificate
    Well I am in Maryland and the child is in Georgia but the child was born in South Carolina.
  • 11-24-2010, 11:58 AM
    Dogmatique
    Re: Taking Name Off of a Child's Birth Certificate
    Were you married to Mom?

    How was paternity established?
  • 11-24-2010, 12:07 PM
    calvin.revelle
    Re: Taking Name Off of a Child's Birth Certificate
    we was not married.

    We was not married and it took me 4 years to get her to give me a DNA test thou IDENTIGENE, she was the witness.
  • 11-24-2010, 01:55 PM
    LawResearcherMissy
    Re: Taking Name Off of a Child's Birth Certificate
    OK, you still haven't answered the question of how paternity was established to begin with. Did you formally acknowledge paternity through legitimation?

    Regardless, you're going to have to go to court. You'll need to file a petition in the county in which the child lives to disestablish paternity based on mistake of material fact - namely, that genetic testing shows you are not the father. The court will order another DNA test. After the court disestablishes your paternity, you'll need to have the birth certificate amended.
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