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Changing My Name to Reflect My Actual Paternity

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  • 11-09-2013, 02:18 PM
    appleorange
    Changing My Name to Reflect My Actual Paternity
    My question involves name change laws in the State of: California

    I was born in California, I live in Virginia.
    I wish to change my birth certificate to reflect my genealogy (I have my mothers first husband on my certificate) He did not raise me. I have spoken to him and he is willing to consent and have his name removed, should this be needed.

    I Have recently found my biological father and wish to change my birth certificate. My biological father consented to the DNA, and is indeed my father. Everything was going well during our "honeymoon" stage. But now the relationship has hit a bump, as his wife is jealous of the relationship.

    I was hoping my father would help out with getting my birth certificate changed to reflect his biological heritage in relation to me. He has not offered, but suggested, if that was what I wanted. I have gotten the forms from my birth registrar county office, necessary to change the birth father name. The forms ask for signatures, sensitive information (social security #) and a court order and Paternity results (this has been performed). I feel the legality of the operation will scare off my father from consenting to the change. I have already been told I have been excluded from any will, I am fine with this, though it has nothing to do with a financial gain.

    Can my biological resist the Birth Certificate change, even though he consented to the DNA tests? Or is this what the court Order states...that he is the biological relation and it's based in factual evidence, not whether he wants to list it officially on my birth certificate? My fear is that I will go through all of this work and his wife will make things more intolerable, and threaten to divorce him, if is he legally applied to my birth certificate....which is out of my control. I don't know how to go about this honestly without knowing what to expect. I would like to prepare everyone a bit more in detail. Like I said things were great, but now I just want to get my birth certificate to reflect my heritage and move on from the relationship with him but, continue with the other family members that have the same heritage and name, they are wonderful and supportive.


    Should I just hire an attorney in my home state to contact him and start the procedures? From what I read I have to have both my biological mother and biological father consent to the change, in addition to the court order....what is the court order? Is this the first filing, before the parents are able to consent? Could someone explain the order of filings and such? How long does this typically take? Anyone know the cost involved? Do I sart the procedure in my home state?

    Thanks
  • 11-09-2013, 02:25 PM
    Dogmatique
    Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States
    You cannot compel your biological father to cooperate with the legal change of paternity; if bio Dad says "no", you're out of luck.

    If bio Dad agrees, the statute itself is somewhat ambiguous - you'd be best served contacting an attorney in CA to see how the courts actually apply the statute:

    http://www.leginfo.ca.gov/cgi-bin/di...file=7630-7644
  • 11-09-2013, 05:27 PM
    jk
    Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States
    Quote:

    The forms ask for signatures, sensitive information (social security #) and a court order and Paternity results (this has been performed)
    the paternity tests they speak of are tests with a courts oversight, not the drugstore off the shelf dna test.


    is the man on your birth certificate your LEGAL father?



    not sure you even have standing to bring a paternity action anyway. If you look at Ca family code 7630 that Dogmatique linked and read the referenced statute: Ca family code 7611: I don't know if you will find anything allowing you to do anything.
  • 11-09-2013, 06:00 PM
    appleorange
    Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States
    @ jk
    Yes, The man listed on my birth certificate was made my legal father, because my mother was married to him... He was automatically named and applied as my father. I was the product of an affair my mother had. She never informed my biological father about my birth...for years.

    The DNA test was performed at Lab Corp, which can be used as a legal basis for paternity in court...this was important. We were both fingerprinted, photo's taken and Identified with our drivers license... So, to answer your question, I have the real thing.

    @Dogmatique
    I was afraid of this but, you know he has been very compliant, I don't want to make anyone do something they do not want to do however I desire the right to be identified properly, I hope I have grounds for this...I thought that the DNA evidence would be proof in documenting change. So, there must be consent by all parties...or does the evidence justify a court order and thus the cause for change?
    If I located an attorney to start the proceedings - I would locate one where I live in VA, or where I was born in Ca, which where he lives too.

    - - - Updated - - -

    JK - the form I am referring to is from the Registar's office - the form requests a court order along with a signature of both parents and and the paternity test...I don't know where the court order is manufactured from, Since I am an adult and this is not for any child support or anything of financial means. Does my attorney prepare a court order to the court where I live and then deliver it to my father to review? I just don't understand this part...
  • 11-09-2013, 06:03 PM
    CourtClerk
    Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States
    Vital records requires a court order to change your birth certificate. That can only be obtained by an adult adoption (which means you'll no longer have a mother) or via a paternity action. The court won't hear a paternity action for an adult.

    In other words, you're stuck.
  • 11-09-2013, 06:09 PM
    jk
    Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States
    since you are dealing with California law, you find a lawyer that practices in California.


    Quote:

    I don't want to make anyone do something they do not want to do however I desire the right to be identified properly, I hope I have grounds for this..
    but I do not see anything in the law that would allow a paternity suit to go forward, especially if any of the parties disagrees with the action.

    have you read the law Dogmatique linked and the one I linked? If you can find something in there that covers your situation, you have a basis for an action. If not, then you have to find some legal basis to file the action.


    as to the DNA being grounds for anything: while I believe a birth certificate should reflect the actual biological parents, the fact is, it is not a requirement. It documents the legal father.

    and if you think that is weird, check out Ohio (and probably a lot of other states) where you can change your birth gender if you have a sex change operation.
  • 11-09-2013, 06:14 PM
    Dogmatique
    Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States
    One other thing.

    You don't have any inherent right to be known as your Bio Father's child. Your Legal Father is the only father the law cares about.
  • 11-09-2013, 06:17 PM
    CourtClerk
    Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States
    Quote:

    Quoting jk
    View Post
    and if you think that is weird, check out Ohio (and probably a lot of other states) where you can change your birth gender if you have a sex change operation.

    CA allows you to do that as well...:hororr:
  • 11-09-2013, 06:26 PM
    jk
    Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States
    Quote:

    Quoting CourtClerk
    View Post
    CA allows you to do that as well...:hororr:

    I hate when they do that. I thought a birth cert was to document the facts of the birth and associated info. As I said, I believe a BC really should identify the bio father. I have a real problem with them changing the gender since especially, the true biological gender is not altered. Birth gender will still be identifiable through genetic testing.

    what'a next/ if I color myself like the guy in "black like me" I can change my race/ethnicity as well?


    What purpose does a BC serve if it does not actually document the facts surrounding the birth?
  • 11-09-2013, 06:33 PM
    drthyrd
    Re: Changing My Name to Reflect My Actual Paternity
    Quote:

    Quoting appleorange
    View Post
    My biological father consented to the DNA, and is indeed my father. Everything was going well during our "honeymoon" stage. But now the relationship has hit a bump, as his wife is jealous of the relationship.
    I was hoping my father would help out with getting my birth certificate changed to reflect his biological heritage in relation to me. He has not offered, -------- I feel the legality of the operation will scare off my father from consenting to the change. I have already been told I have been excluded from any will, I am fine with this, though it has nothing to do with a financial gain.

    OP – you are trying to find a legal solution for an emotional issue. You state repeatedly that you want your birth certificate to reflect your heritage, but truthfully, birth certificates aren’t hung on walls nor shown to others in normal circumstances. Heritage is something that goes deeper then paper. What is the name change on the birth certificate going to truly accomplish? It won’t change who you are. You are who you are. It won’t change your father, biologically. The man that you have found to be your biological father is your biological father whether he is on the paper or not. And moreover, you mention several times that you have concerns about how changing your birth certificate may fracture the relationship between you and your father or your father and his wife. You need to do some soul searching as to why you are rushing into this right now.
    I think you would do well to sit down and talk over everything you are feeling and hoping to accomplish with a licensed counselor.
    Quote:

    Quoting appleorange
    View Post
    My fear is that I will go through all of this work and his wife will make things more intolerable, and threaten to divorce him, if is he legally applied to my birth certificate....which is out of my control.

    You state these fears about how the change will be handled by your dad and his wife repeatedly.
    [
    Quote:

    Quoting appleorange
    View Post
    Like I said things were great, but now I just want to get my birth certificate to reflect my heritage and move on from the relationship with him but, continue with the other family members that have the same heritage and name, they are wonderful and supportive.
    Should I just hire an attorney in my home state to contact him and start the procedures?

    No you shouldn’t.
    This man that is your biological father was your biological father at birth and will be your biological father for your whole life. Paper records and court documents can’t make him more or less than what he is. You are eager, and excited, but you mention over and over that your father and his family might not be. Please speak with someone who can help you sort through why you want to do this, especially when doing it puts so many relationships at risk, and only after you are comfortable with the answers should you proceed.
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