Changing the Birth Certificate of an Adult to Reflect Actual Paternity, in Indiana

My question involves name change laws in the State of: Indiana between 1967 - 75

I am trying to help a friend find his original birth certificate. He found out his mother was not married to the father on his birth certificate when he was born. She was married to someone else for several years when he was born. Most likely this person is his father. He would like to find out more about his biological father but cannot get any records without showing a family relationship. Therefore he would like to have his original birth certificate, or anoter court document that shows this man is his father.

What would the procedure have been in this time period for his current father to change the birth record? They changed: his mother's last name, his own first and last name, and removed his biological father's name.

Thoughts that come to mind are court records for an adoption, name change, of a change of paternity? could the records be sealed?

Thanks so much.

The only way this is going to happen is if biological Dad is willing to do a DNA test and be willing to do an adult adoption.

The tricky part there is that Mom would not be his legal parent either.

What is his end goal? What sort of information is he looking for?

Unless he was adopted, IC 16-37-2-9 would indicate a requirement to maintain the original record prior to amendment unless he was adopted. It took effect in the mid 90's it appears.

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Quoting laughingsquirrel

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My question involves name change laws in the State of: Indiana between 1967 - 75

I am trying to help a friend find his original birth certificate. He found out his mother was not married to the father on his birth certificate when he was born. She was married to someone else for several years when he was born. Most likely this person is his father. He would like to find out more about his biological father but cannot get any records without showing a family relationship. Therefore he would like to have his original birth certificate, or anoter court document that shows this man is his father.

What would the procedure have been in this time period for his current father to change the birth record? They changed: his mother's last name, his own first and last name, and removed his biological father's name.

Thoughts that come to mind are court records for an adoption, name change, of a change of paternity? could the records be sealed?

Thanks so much.

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Is his mother or his legal father still living? Any relatives of his mother? It would be easier to get information regarding his biological father from them, than to get a copy of his prior birth certificate.

Thank you all for your responses. To answer the questions:

There is no one we can ask - obviously his parents took great pains to hide the fact that his father was not his biological father. Family members were the ones who informed him that he was already 4 when his parents married, but that's all they know. When we started digging, obviously we found this to be the truth. Since he's found out, his mother is no longer talking to him. So there are no answers to be had there.

What we are looking for is legal evidence that this man is his father. So my question is, what would the process have been in this time period (1968-1975) for the birth record to be changed in Indiana. I am in california, and I know that here, you cannot just remove a biological father from the birth certificate. It's has to be done by court order. Knowing what the process was will help us ask the right questions at the court house.

His purpose is to have legal proof that this is his father, so that he has legal standing to get records such as the birth and death certificate, army records, etc. to find out the person his father was, and whether the man has any living siblings that we can locate.

Thanks again.

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Quoting laughingsquirrel

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Thank you all for your responses. To answer the questions:

There is no one we can ask - obviously his parents took great pains to hide the fact that his father was not his biological father. Family members were the ones who informed him that he was already 4 when his parents married, but that's all they know. When we started digging, obviously we found this to be the truth. Since he's found out, his mother is no longer talking to him. So there are no answers to be had there.

What we are looking for is legal evidence that this man is his father. So my question is, what would the process have been in this time period (1968-1975) for the birth record to be changed in Indiana. I am in california, and I know that here, you cannot just remove a biological father from the birth certificate. It's has to be done by court order. Knowing what the process was will help us ask the right questions at the court house.

His purpose is to have legal proof that this is his father, so that he has legal standing to get records such as the birth and death certificate, army records, etc. to find out the person his father was, and whether the man has any living siblings that we can locate.

Thanks again.

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There are two potential things that could have happened.

Either there was no father on your birth certificate and your legal father signed an affidavit of paternity to be put on the BC, OR you were legally adopted.

In the first instance, getting access to your original birth certificate won't tell you anything. In the second instance, its very difficult to get your original birth records opened back up again. I would suggest consulting an adoption attorney in Indiana for ideas on how to accomplish your goal.

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Quoting laughingsquirrel

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Thank you all for your responses. To answer the questions:

There is no one we can ask - obviously his parents took great pains to hide the fact that his father was not his biological father. Family members were the ones who informed him that he was already 4 when his parents married, but that's all they know. When we started digging, obviously we found this to be the truth. Since he's found out, his mother is no longer talking to him. So there are no answers to be had there.

What we are looking for is legal evidence that this man is his father. So my question is, what would the process have been in this time period (1968-1975) for the birth record to be changed in Indiana. I am in california, and I know that here, you cannot just remove a biological father from the birth certificate. It's has to be done by court order. Knowing what the process was will help us ask the right questions at the court house.

His purpose is to have legal proof that this is his father, so that he has legal standing to get records such as the birth and death certificate, army records, etc. to find out the person his father was, and whether the man has any living siblings that we can locate.

Thanks again.

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The problem is there isn't a court in the land going to compel anyone to participate in your friend's journey. Incidentally, it doesn't take much for two people to "hide" true paternity...even today.

you don't appear to have enough information to argue any of your claims have any factual basis.

for all you know, mom and man on BC were getting jiggy when she was married to the unknown husband.

If the original birth certificate has his original first and last name listed, and his birth father's name, that would be a huge thing. That, together with a record of name change would unlock all the doors to getting his father's records.

My understanding is from speaking with Indiana vital records today, specifically the Corrections Dept, that affidavits of paternity were not instituted until 1989. Before that time, you needed a court order - unless the father's name was not on the certificate, but I still hold it's unlikely - she was married to him 6 months before my friend was born, and didn't divorce him until 4 years later. She did not meet her current husband until that time, family has confirmed.

I have located the divorce decree case filing - not the actual documents yet, probably on microfiche - hopefully at least that mentions a minor child.

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To JK: Why is whether there's proof or not any of your business? Yes, there is proof, but I'm not about to air all my friend's dirty laundry here. I simply asked a legal question. If you don't have the answer, move on.

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Wow. No court is going to participate in your friend's journey? Really? That is just nonsense.

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she was married to him 6 months before my friend was born, and didn't divorce him until 4 years later.

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well Hell, there could be a third man involved for all you know. Dang, this was all back in the Age of Aquarious and free love and all that crap. No telling what was going on

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She did not meet her current husband until that time, family has confirmed.

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oh really? she couldn't have kept it secret, right? Do you think that if she was involved with the legal father she would want to publicize it while married? There was a Hell of a stigma surrounding cheating spouses, unless you were into that communal life and all.

You have a ton of speculation and nothing to support much of any of it from what I see and in the end, even if you do find this guy, for what purpose?
Oh, I see, this part:

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His purpose is to have legal proof that this is his father, so that he has legal standing to get records such as the birth and death certificate, army records, etc. to find out the person his father was, and whether the man has any living siblings that we can locate.

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sorry but biological attachment does not equal legal attachment and that is what is required to obtain most of the records involved.

and I am presuming this man is already dead or you would have simply found him and asked him, correct?

well, that presents another and possibly insurmountable problem in all of this.

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To JK: Why is whether there's proof or not any of your business? Yes, there is proof, but I'm not about to air all my friend's dirty laundry here. I simply asked a legal question. If you don't have the answer, move on.

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a huge part of the problem is that unless you have some legally sustainable proof, you aren't going anywhere with this so why is it my business? Because you asked questions about it on an open forum.

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Wow. No court is going to participate in your friend's journey? Really? That is just nonsense.

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no, that is legal fact. Courts do not allow wild hunts. They will not give any orders unless there is law and the requirements in the law on hand to allow such orders.

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Quoting laughingsquirrel

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If the original birth certificate has his original first and last name listed, and his birth father's name, that would be a huge thing. That, together with a record of name change would unlock all the doors to getting his father's records.

My understanding is from speaking with Indiana vital records today, specifically the Corrections Dept, that affidavits of paternity were not instituted until 1989. Before that time, you needed a court order - unless the father's name was not on the certificate, but I still hold it's unlikely - she was married to him 6 months before my friend was born, and didn't divorce him until 4 years later. She did not meet her current husband until that time, family has confirmed.

I have located the divorce decree case filing - not the actual documents yet, probably on microfiche - hopefully at least that mentions a minor child.

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To JK: Why is whether there's proof or not any of your business? Yes, there is proof, but I'm not about to air all my friend's dirty laundry here. I simply asked a legal question. If you don't have the answer, move on.

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Wow. No court is going to participate in your friend's journey? Really? That is just nonsense.

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Nonsense? Listen well, grasshopper. You don't have to like it. But it IS the reality.

Now, think for a few minutes. You'll come up with the most compelling reason WHY it is the reality, I'm sure.

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And really? You've already been airing your friend's laundry. You are a legal stranger, and frankly you're lucky to have received responses at all ;)