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Birth Certificate Forgery - Mother Lied About Biological Father

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  • 11-27-2010, 10:44 AM
    JTH
    Birth Certificate Forgery - Mother Lied About Biological Father
    My question involves paternity law for the State of: Illinois

    My wife (born in 1969) recently discovered that the father listed on her Birth Certificate was not her biological father. After confronting her mother regarding the issue, she confessed that she had lied and refused the name of the real father, and consequently cut all communication with my wife.... this was almost two years ago.

    At this point she has her "Birth Certificate Father" service records indicating he was in Vietnam at the time her mother was pregnant. I know this is considered forgery, but it happened so long ago I'm not sure if there is anything that can be done. Could she contact the Illinois Department of Health or some other public agency that could (at a minimum) have the name of the father removed? The listed father has stated he would give a DNA test since this has now started to have an adverse impact on my wife's relationship with her extended family.

    Best regards,
    Jeremy
  • 11-27-2010, 10:52 AM
    Dogmatique
    Re: Birth Certificate Forgery - Mother Lied About Biological Father
    Quote:

    Quoting JTH
    View Post
    My question involves paternity law for the State of: Illinois

    My wife (born in 1969) recently discovered that the father listed on her Birth Certificate was not her biological father. After confronting her mother regarding the issue, she confessed that she had lied and refused the name of the real father, and consequently cut all communication with my wife.... this was almost two years ago.

    At this point she has her "Birth Certificate Father" service records indicating he was in Vietnam at the time her mother was pregnant. I know this is considered forgery, but it happened so long ago I'm not sure if there is anything that can be done. Could she contact the Illinois Department of Health or some other public agency that could (at a minimum) have the name of the father removed? The listed father has stated he would give a DNA test since this has now started to have an adverse impact on my wife's relationship with her extended family.

    Best regards,
    Jeremy


    If Mom was married to Dad - despite him being overseas at the time of conception - then he was probably by statute the legal father and no fraud or forgery occurred.

    Even if it that isn't the case though, it's far too late at this point to challenge paternity.

    I'm sorry - I can't think of anything other than an adult adoption (wherein you wife would be adopted by another father figure) which would enable your wife to get her birth certificate changed.
  • 11-27-2010, 01:13 PM
    JTH
    Re: Birth Certificate Forgery - Mother Lied About Biological Father
    Quote:

    Quoting Dogmatique
    View Post
    If Mom was married to Dad - despite him being overseas at the time of conception - then he was probably by statute the legal father and no fraud or forgery occurred.

    Even if it that isn't the case though, it's far too late at this point to challenge paternity.

    I'm sorry - I can't think of anything other than an adult adoption (wherein you wife would be adopted by another father figure) which would enable your wife to get her birth certificate changed.

    Well, it wasn't the answer I was hoping for but at least we can put the issue to rest. It's an unfortunate situation since knowing your parents will give you some insight to your own genetic disposition (e.g. hereditary diseases), but even if we could change the name I don't know she would ever come clean on who the real father is.

    Thanks for the info.

    Best regards,
    Jeremy
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