Remove Bio Father from My Birth Certificate

My question involves paternity law for the State of: Wisconsin

Hi all,

I'd like to know what the options are to remove my biological father from my own birth certificate. I am 22 years old. I won't go into the very detailed specifics of why I want him removed but I will say that he was not involved in my upbringing. I did not meet him until I was 12 and that was only by court order because my mother started to receive child support. Up until I was 12 my father was not on my birth certificate, it was just my mom. When I was 12 they did a paternity test. When I was very young my mom kept me away from him because he was a drug addict and dealer. Turns out that when I started seeing him at 12 he wasn't much better. He had visitation rights every other weekend and it was horrible. He was constantly late on his child support payments and only paid when the court ordered him to, and he only paid enough to keep them from coming after him. When I turned 15 I finally told him what I thought of him and he got in his truck and drove away with one of his other (of several) illegitimate children. I knew that at that age it would take probably a year before he could get my mom into court and force me to see him, and by that time I'd be 16 and have a choice. I never saw him again, and I never want to see him again, or my miscellaneous brothers and sisters-god knows how many there are.

I want my father removed from my birth certificate just like it was before I ever met him. I will do whatever it takes to get that accomplished. I need to know what my options are. I know that in Texas there is something called the "New Birth Certificate Based On Parentage" which allows the biological father to be removed if the fathers rights have been terminated (see FAQ: "The father's rights have been terminated, and his name is to be removed from the birth certificate. In this case, the Application for a New Birth Certificate Based on Parentage can be signed in the presence of a notary public by either the mother or by the man whose name is being removed from the birth certificate."). Seeing how I am 22, and how this jerk never paid his child support, I'd say that his rights are more than terminated. Does Wisconsin have something similar to the Texas application?

I no longer live in Wisconsin (I'm in California) so just heading over to Wisconsin's Department of Health Services is kind of difficult. I'd like to have some ideas, application names, laws, and what not in mind to throw at them before I give them a call.

Your help would be grateful. Thank you.

Only a court can terminate parental rights.

Your father's rights were not terminated so you can forget that angle. Period.

You have no options other than - and this is a maybe - to be adopted as an adult by someone else.

Please be consistent. You call him a jerk who NEVER paid child support. But you know fine well that he did per your earlier statements.

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Quoting Dogmatique

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Only a court can terminate parental rights.

Your father's rights were not terminated so you can forget that angle. Period.

You have no options other than - and this is a maybe - to be adopted as an adult by someone else.

Please be consistent. You call him a jerk who NEVER paid child support. But you know fine well that he did per your earlier statements.

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Okay fine, minus all the abuse, he was still a jerk who only paid what was necessary to keep the legal system off his back.

Can a court post-terminate his rights?

Also, what if I were adopted as an adult and then had my adopter removed some time later because he is not my biological father? Would they reinstate my biological father, or do they remove those records altogether once he is removed from my birth certificate?

Thanks.

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Quoting LeAeronautical

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Okay fine, minus all the abuse, he was still a jerk who only paid what was necessary to keep the legal system off his back.

Can a court post-terminate his rights?

Also, what if I were adopted as an adult and then had my adopter removed some time later because he is not my biological father? Would they reinstate my biological father, or do they remove those records altogether once he is removed from my birth certificate?

Thanks.

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What you want to do isn't possible, I'm afraid.

If you want to go ahead with an adult adoption (if it's possible in your state), you need to speak with an attorney. Once the adoption is final - again, if it's possible - the man will be your legal father (ie, PARENT) and you will not be able to have him removed based on biology.

For the record, I have read that any adult may adopt any adult in the state of Wisconsin. Do you have a source stating as to why he (the new legal father) could not be removed based on biology?

Also, I have read up, to some extent, on involuntary termination of parental rights. Since my father failed to demonstrate progress in attempting to get me back after I stopped seeing him at 15 (both in that he didn't take it to court and that he seldom paid child support, essentially abandoning me), could the court--after the fact--terminate his rights?

Thanks

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Quoting LeAeronautical

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For the record, I have read that any adult may adopt any adult in the state of Wisconsin. Do you have a source stating as to why he (the new legal father) could not be removed based on biology?

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Look, we get what you're trying to do. You want to erase your Dad. Understood. But you don't seem to understand what adoption actually entails. It means that regardless of biology, Parent/s A/B have adopted a child - be it minor or adult - and are therefore the LEGAL parents.

That CANNOT be undone simply because the biology doesn't match.

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Also, I have read up, to some extent, on involuntary termination of parental rights. Since my father failed to demonstrate progress in attempting to get me back after I stopped seeing him at 15 (both in that he didn't take it to court and that he seldom paid child support, essentially abandoning me), could the court--after the fact--terminate his rights?

Thanks

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No.

It's a non-issue. That court no longer has jurisdiction over you or Dad.

What if I hire an attorney, obtain thousands of signatures on a petition, and sue the State of Wisconsin in a hopes to change the law? I know that sounds completely ridiculous, but that is how laws can be changed/made.

Anyway, I have contacted an attorney. I was told to submit a case and they will review it. One way or another, he will be removed from my birth certificate even if that involves changing the law. I have an entire life span to do it, and he will be removed even if I have to spend every penny I make.

***Not legal advice but...***

Wow...I think that money might be better spent on some counseling for the issues that you have with your dad. Trust me, it will be a lot cheaper and it will feel a lot better.

And NONE of that will change the fact that a full 50% of your genetic material, and 1/2 of what you see in the mirror is HIS, name on a piece of paper or not. When you're done with the attorneys, seek therapy, if not sooner.

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Quoting Neal1421

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***Not legal advice but...***

Wow...I think that money might be better spent on some counseling for the issues that you have with your dad. Trust me, it will be a lot cheaper and it will feel a lot better.

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Quoting aardvarc

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And NONE of that will change the fact that a full 50% of your genetic material, and 1/2 of what you see in the mirror is HIS, name on a piece of paper or not. When you're done with the attorneys, seek therapy, if not sooner.

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You people disgust me. If you're on a forum with people asking for legal advice then either give legal advice or don't give your unwanted opinions. I'm not going to seek therapy or counseling. I'm going to get the law to do what it should be doing and if it doesn't then I'm going to get it changed, because that is what people do when something is unjust.

Seriously, get off this forum you sick people. Go through what I (or many others have gone through) and you would want the same thing. Now leave my topic alone and leave it for someone who has some legal advice.

Sweetheart, you are posting in a PUBLIC place, asking VOLUNTEERS to give freely of their time to help you. If you don't want public commentary, feel free to take your question to an attorney and PAY for the same answer you have already been given multiple times:

NO. The answer is NO. You CANNOT remove your father from your birth certificate. Your birth certificate is not meant to be a reflection of your feelings for either of your parents. It is legal documentation of who your parents are, and it doesn't have diddly-boo to do with who paid what, for how long, or why.

Yeah, therapy.

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Quoting LawResearcherMissy

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Sweetheart, you are posting in a PUBLIC place, asking VOLUNTEERS to give freely of their time to help you. If you don't want public commentary, feel free to take your question to an attorney and PAY for the same answer you have already been given multiple times:

NO. The answer is NO. You CANNOT remove your father from your birth certificate. Your birth certificate is not meant to be a reflection of your feelings for either of your parents. It is legal documentation of who your parents are, and it doesn't have diddly-boo to do with who paid what, for how long, or why.

Yeah, therapy.

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Well then I guess I can give you personal opinion as well. In case you aren't aware there are extenuating circumstances in which a state (Texas) allows a birth parent to be removed from a birth certificate. If at least one state allows that, then it's certainly possible that others do as well, Wisconsin included. Oh and by the way, sweetheart, when those adults in those states chose to do that it's certainly a reflection of their feelings. Furthermore, I have been told (attorney) that if I can get my father to give up his voluntary rights as a father that I may, just may, be able to get him removed from my birth certificate. So, sweetheart, I'm getting closer and closer. And one of these days he will be removed, and you can bet your heart on it.

Edit: Never say "cannot do ____". Lots of people say that, and then they're proven wrong. It's like you people are here just to mock others. I regret posting on this forum and I should have just contacted an attorney right away instead of messing around with you people that think that nothing is possible, and that it can't be changed. I bet if you people lived in NAZI Germany you'd think everyone should just deal with the new laws because those are the laws, no matter how screwy. What the hell is wrong with you all? Have some kindness in your hearts and give a real answer to a person who is asking a serious question.

I completely understand your frustration with your father and wanting/needing to completely separate yourself from his life. Unfortunately, what the others have stated about what you are attempting to do would be impossible as the law currently stands. While you can attempt to get signatures to change the law, you need to also understand that this is a very long road and there are more hurtles to leap over than just gathering signatures. Laws are never created or changed easily, and that is by design lest one political group with a certain agenda come into office one day and drastically change the laws to their favor. I'm afraid that your birth record is a legal document stating for the public and governmental record who both of your parents were.

Again, I really understand the pain you must feel and your willingness to fight tooth and nail for what you want to achieve. I can even commend you for your willingness to fight the fight. Unfortunately, what you are seeking is not currently possible. I'm sorry.

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Quoting LeAeronautical

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Well then I guess I can give you personal opinion as well. In case you aren't aware there are extenuating circumstances in which a state (Texas) allows a birth parent to be removed from a birth certificate. If at least one state allows that, then it's certainly possible that others do as well, Wisconsin included. Oh and by the way, sweetheart, when those adults in those states chose to do that it's certainly a reflection of their feelings. Furthermore, I have been told (attorney) that if I can get my father to give up his voluntary rights as a father that I may, just may, be able to get him removed from my birth certificate. So, sweetheart, I'm getting closer and closer. And one of these days he will be removed, and you can bet your heart on it.

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There's that 50% of you that is bio-dad coming out. We get that you hate him and are frustrated but you'll get nowhere acting like a child. Just because Texas allows something does not mean WI has to. You will likely have to work to change the law which may not, given the way legislation works, happen in your lifetime. If it isn't a hot button topic, politics moves incredibly slow. With reference to your slim hope given you by an attorney, you are assuming your bio-dad will cooperate and even then it is only a faint possibility.

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Quoting LeAeronautical

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Well then I guess I can give you personal opinion as well. In case you aren't aware there are extenuating circumstances in which a state (Texas) allows a birth parent to be removed from a birth certificate. If at least one state allows that, then it's certainly possible that others do as well, Wisconsin included. Oh and by the way, sweetheart, when those adults in those states chose to do that it's certainly a reflection of their feelings. Furthermore, I have been told (attorney) that if I can get my father to give up his voluntary rights as a father that I may, just may, be able to get him removed from my birth certificate. So, sweetheart, I'm getting closer and closer. And one of these days he will be removed, and you can bet your heart on it.

Edit: Never say "cannot do ____". Lots of people say that, and then they're proven wrong. It's like you people are here just to mock others. I regret posting on this forum and I should have just contacted an attorney right away instead of messing around with you people that think that nothing is possible, and that it can't be changed. I bet if you people lived in NAZI Germany you'd think everyone should just deal with the new laws because those are the laws, no matter how screwy. What the hell is wrong with you all? Have some kindness in your hearts and give a real answer to a person who is asking a serious question.

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You are either lying to us, or you're being lied to. Sweetheart.

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Quoting free9man

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You remember what was said earlier about 50% of yourself being your bio-dad no matter what you do? Your bio-dad side is showing. Just because Texas allows something does not mean WI has to. You will likely have to work to change the law which may not, given the way legislation works, happen in your lifetime. If it isn't a hot button topic, politics moves incredibly slow. With reference to your slim hope given you by an attorney, you are assuming your bio-dad will cooperate and even then it is only a faint possibility.

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My bio-dad was hardly in my life at all. There is no 50% of him there. I am just in awe of your comment. Your non-moral side is showing.

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Quoting Paul M

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I completely understand your frustration with your father and wanting/needing to completely separate yourself from his life. Unfortunately, what the others have stated about what you are attempting to do would be impossible as the law currently stands. While you can attempt to get signatures to change the law, you need to also understand that this is a very long road and there are more hurtles to leap over than just gathering signatures. Laws are never created or changed easily, and that is by design lest one political group with a certain agenda come into office one day and drastically change the laws to their favor. I'm afraid that your birth record is a legal document stating for the public and governmental record who both of your parents were.

Again, I really understand the pain you must feel and your willingness to fight tooth and nail for what you want to achieve. I can even commend you for your willingness to fight the fight. Unfortunately, what you are seeking is not currently possible. I'm sorry.

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And thank you for a kind answer. But I'm going to continue trying, regardless.

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Quoting Dogmatique

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You are either lying to us, or you're being lied to. Sweetheart.

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No actually, I spoke to an attorney this morning. It's maybe a dim hope, but it's a hope. And it's one to pursue and see where it leads. If it doesn't pan out I'll seek another route.

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Quoting LeAeronautical

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My bio-dad was hardly in my life at all. There is no 50% of him there. I am just in awe of your comment. Your non-moral side is showing.

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What are they teaching in schools these days? 50% of you is your bio-dad. It's called genetics, which is what the earlier comment referenced. Your attitude would seem to indicate that the bio-daddy in you was coming out. Non-moral? Okay...sweetheart.

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Quoting free9man

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What are they teaching in schools these days? 50% of you is your bio-dad. It's call genetics. And your attitude would seem to indicate that the bio-daddy in you was coming out. Non-moral? Okay...sweetheart.

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It's all in context. You weren't talking about my genetics, you were talking about my attitude. This "attitude" only came out after you people told me to seek therapy. It's mind boggling that you people would suggest that instead of, gee, I don't know, um, maybe "Hey LeAeronautical, it's a slim shot but maybe you could try searching the Wisconsin Law Library for ___ topic" or "going to ____ website." I kindly asked for legal advice, and you mocked me. What do you expect, a kind response?

Edit: Some of you were nice, and gave law-related answers. And I thank those who did and who understood, instead of outright shooting me down, and telling me to get therapy.

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In case you aren't aware there are extenuating circumstances in which a state (Texas) allows a birth parent to be removed from a birth certificate.

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You're misunderstanding the page you cited. The father's rights need to have been terminated AND there needs to be a court order to remove him from the birth certificate. This has not happened in your situation, and it's not going to.

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Furthermore, I have been told (attorney) that if I can get my father to give up his voluntary rights as a father that I may, just may, be able to get him removed from my birth certificate

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Now you're trolling.

Your father doesn't have any "rights" to you any more. You're a legal adult, neither he nor your mother have any authority over you at all. He doesn't have any "voluntary rights" to surrender - that would have had to have happened while you were still a minor, and even then, it would not get him off your birth certificate. That's the reality of the situation, whether it pleases you or not. Texas' "extenuating circumstances" have nothing to do with you - your birth certificate was issued by the state of Wisconsin, and birth certificate laws vary from state to state.

"Thousands of signatures on a petition" will not help you. The voters in the state of Wisconsin have many more important things to concern themselves with than whether or not someone irrationally angry that his father is on his birth certificate can have him removed.

I would strongly caution this OP from paying an attorney (particularly the one who apparently either misunderstood what s/he was being asked, or outright misled the OP) lots of money to tell him/her what s/he wants to hear, and then embark on a costly (and non-refundable) exercise in futility.

OP may be surprised to learn that many regular citizens actually believe it's best (for various reasons) to have both legal parents remain on the birth certificate.

Warning: aneurysm ahead.

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Quoting aardvarc

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Warning: aneurysm ahead.

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Have you seen that little gif of the guy at the computer typing...and typing..getting more frustrated by the second....then there's blood...and there's limbs flying everywhere...then his head is banging off of the keyboard... ?

Yeah. Me too. ;) :D

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Quoting aardvarc

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Warning: aneurysm ahead.

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I asked people kindly to stay off my thread unless you had something nice and law related to say. You get pleasure from humiliating people, please seek counseling. And unless you have something law related to contribute then don't say anything.

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Quoting LawResearcherMissy

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You're misunderstanding the page you cited. The father's rights need to have been terminated AND there needs to be a court order to remove him from the birth certificate. This has not happened in your situation, and it's not going to.



Now you're trolling.

Your father doesn't have any "rights" to you any more. You're a legal adult, neither he nor your mother have any authority over you at all. He doesn't have any "voluntary rights" to surrender - that would have had to have happened while you were still a minor, and even then, it would not get him off your birth certificate. That's the reality of the situation, whether it pleases you or not. Texas' "extenuating circumstances" have nothing to do with you - your birth certificate was issued by the state of Wisconsin, and birth certificate laws vary from state to state.

"Thousands of signatures on a petition" will not help you. The voters in the state of Wisconsin have many more important things to concern themselves with than whether or not someone irrationally angry that his father is on his birth certificate can have him removed.

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I mentioned Texas, not because I think their laws have anything to do with mine, but because I thought there might be a similar law in Wisconsin. Do you know if there is for something for me to go off of or are you just going to keep shooting it down not knowing what the particular laws are for that state?

Anyway, I have not been able to find any law which dictates that a parents rights as a parent cannot be terminated after the fact. If there is such a thing, or a loop hole, I don't know, I'm just trying to find it.

Furthermore, I've been told that getting adopted as an adult (any adult may adopt any adult in Wisconsin) then that may be able to get it removed. I do have a potential adopter, very willing. All I want is the bio dad gone.

And the petition thing was just an idea. There are lots of petitions out there, some succeed, some don't. Hey, it's a thought. Okay?

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Quoting LeAeronautical

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I asked people kindly to stay off my thread unless you had something nice and law related to say. You get pleasure from humiliating people, please seek counseling. And unless you have something law related to contribute then don't say anything.

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Ask all you wish.

Your wishes may not be granted.

I'm sorry you don't like what you've been told so far.

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Quoting LeAeronautical

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I asked people kindly to stay off my thread unless you had something nice and law related to say. You get pleasure from humiliating people, please seek counseling. And unless you have something law related to contribute then don't say anything.



I mentioned Texas, not because I think their laws have anything to do with mine, but because I thought there might be a similar law in Wisconsin. Do you know if there is for something for me to go off of or are you just going to keep shooting it down not knowing what the particular laws are for that state?

Anyway, I have not been able to find any law which dictates that a parents rights as a parent cannot be terminated after the fact. If there is such a thing, or a loop hole, I don't know, I'm just trying to find it.

Furthermore, I've been told that getting adopted as an adult (any adult may adopt any adult in Wisconsin) then that may be able to get it removed. I do have a potential adopter, very willing. All I want is the bio dad gone.

And the petition thing was just an idea. There are lots of petitions out there, some succeed, some don't. Hey, it's a thought. Okay?

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So go with the adult adoption - if it's possible in your state.

Talk to your attorney.

I believe this was suggested several posts ago. But realize that if you do have an adult willing to adopt, you cannot remove HIM, either.

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Quoting Dogmatique

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I would strongly caution this OP from paying an attorney (particularly the one who apparently either misunderstood what s/he was being asked, or outright misled the OP) lots of money to tell him/her what s/he wants to hear, and then embark on a costly (and non-refundable) exercise in futility.

OP may be surprised to learn that many regular citizens actually believe it's best (for various reasons) to have both legal parents remain on the birth certificate.

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I understand. It doesn't change the fact of what I am trying to do. If getting someone else in replace of him on there (adoption) will do the trick, then that is world's better than having a reminder of my bio-dad on there. If that's the only way, then so be it.

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Quoting LeAeronautical

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I understand. It doesn't change the fact of what I am trying to do. If getting someone else in replace of him on there (adoption) will do the trick, then that is world's better than having a reminder of my bio-dad on there. If that's the only way, then so be it.

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Do you realize that this wouldn't remove your father's name from the registry of your birth and in fact might not remove his name at all from your birth certificate?

This is why you need an attorney.

And seriously - some counselling.

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Quoting Dogmatique

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Ask all you wish.

Your wishes may not be granted.

I'm sorry you don't like what you've been told so far.




So go with the adult adoption - if it's possible in your state.

Talk to your attorney.

I believe this was suggested several posts ago. But realize that if you do have an adult willing to adopt, you cannot remove HIM, either.

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Yea, I know. Still better than the current option. Mind me asking where it states that, exactly, or where I might look for something that states that? I have been trying to find it. Thanks.

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Quoting Dogmatique

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Do you realize that this wouldn't remove your father's name from the registry of your birth and in fact might not remove his name at all from your birth certificate?

This is why you need an attorney.

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Yea, I do not know what entirely it will do. I'll ask an attorney tomorrow. Regardless, any idea where I might be able to find out (legal documents?).

Something that states what exactly? I'm honestly trying to help you - but you're not making this easy.

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Quoting Dogmatique

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Something that states what exactly? I'm honestly trying to help you - but you're not making this easy.

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Yes, I understand. Thank you. I meant, maybe, what documents to scroll. I can't seem to find much on the adult adoption topic other than that it's legal and who can do it. But not how it affects your birth certificate and what not.

The thing about adoption - whether it's adult or minor - is that even if the birth certificate is changed (and that won't happen in every state - you'll have to check yours in the morning) the actual registration of the birth will not change in the vast majority of states. The natural parents will remain noted somewhere.

The other thing is that if you go ahead with an adult adoption, you can't afterwards easily remove him as your father. Adoption is meant to be permanent. This will be your new parent. Your new father. Are you prepared for the emotional impact of that?

The laws in Wisconsin governing amending a birth certificate can be found here:

https://docs.legis.wisconsin.gov/sta...tatutes/69.pdf

You need to look at sections 69.11 and 69.12. Both explicitly deny the ability to add, delete or change the name/identity of a parent from the BC.

It would appear that under WI statute 882.04, an adult adoption may get you a new birth certificate with the adopter listed as daddy. Once that happens, new daddy is your BC daddy forever. Well, unless you grow tired of them and have someone else adopt you. I doubt the court will look favorably on that. Keep in mind though, the court is not required to grant the adoption. When the court hears you reason, they may find it not to be sufficient to warrant an adoption. Without knowing the case law on the subject, which is often more important than law itself, I cannot speak to your odds.