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Removing My Name From My Child's Birth Certificate Without Mother's Consent

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  • 03-02-2008, 10:23 PM
    Xlion
    Removing My Name From My Child's Birth Certificate Without Mother's Consent
    how do i remove my name from my child's birth certificate without the consent of the mother..
  • 03-03-2008, 12:51 AM
    Lawrence D. Gorin, Atty.
    Re: Help
    Need more information.

    For starters, just HOW did your name get placed on your child's birth certificate to begin with?

    Also, WHY do you want your name removed from your child's birth certificate?
  • 03-05-2008, 11:33 AM
    Xlion
    Re: Removing My Name From My Child's Birth Certificate Without Mother's Consent
    i signed the birth certificate at the birth of the child. the child is now 2 and i dont want to have anything to do with her or the child.
  • 03-05-2008, 11:48 AM
    seniorjudge
    Re: Removing My Name From My Child's Birth Certificate Without Mother's Consent
    Quote:

    Quoting Xlion
    View Post
    i signed the birth certificate at the birth of the child. the child is now 2 and i dont want to have anything to do with her or the child.

    Irrelevant.

    You can't get out of your obligations with those lousy reasons.
  • 03-05-2008, 03:04 PM
    Lawrence D. Gorin, Atty.
    Re: Removing My Name From My Child's Birth Certificate Without Mother's Consent
    Quote:

    Quoting Xlion
    View Post
    i signed the birth certificate at the birth of the child. the child is now 2 and i dont want to have anything to do with her or the child.

    I suspect you did not actually "sign the birth certificate" at the birth of the child but, rather, signed a "voluntary acknowledgment of paternity" that resulted in your name being listed as "father" on the birth cerificate issued but the state's Vital Records agency.

    By mandate of federal law, 42 USC § 666 (a)(5)(D)(iii), each state is required to have in place procedures allowing for a signed voluntary acknowledgment of paternity to be challenged in court on the basis of "fraud, duress, or material mistake of fact" if the acknowledgment was signed without parentage testing having been done. The party making the challenge has the burden of proof on the issue of fraud, duress, or material mistake of fact.

    Keep in mind, however, that some states impose time limitations (one year, two years, etc.) for bringing the challenge. Other states (Oregon, for example) allow such a challenge to be made "at any time." So check with the laws of the state that would have jurisdictional authority over the mother (as she would be the respondent in the case).

    If the challenge is successful, your name will be removed from the child's birth certificate even though without the consent of the mother.
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