Birth Certificate Changes in Illinois

My question involves paternity law for the State of: Illinois

I am waiting to hear back from the Dept of Public Health as I have asked them this question.

Is there a way to remove a father's name from a birth certificate when:
the parents were not married at the time if birth, nor were ever married,
there have been NO paternity papers signed,
the only paper signed was the birth certificate worksheet in the hospital,
and no paternity established or child support ordered by the court,
the child is now 12 years old,
there is a step parent willing to adopt if it will expedite the process?

Also is it necessary to contact the man listed on the birth certificate? I am hoping it is not.

Thank you.

The child is 12 years old and now you want to question paternity?:rolleyes:

If the step-parent adoption is completed, the birth certificate should be updated to reflect the adoption.

The bio father will need to be notified before the adoption can happen.

http://www.illinoislawyerfinder.com/..._adoption.html

Thank you for the replies sans the eye rolls.

Let me clarify:
Is it possible to remove the father's name from the birth cert., seeing as the laws pertinent to the time of her birth (PRIOR to Aug 1996) state that if no paternity papers were signed/filed, simply signing the BC does not give the father any legal parentage. So my question is, in this light, does he need to be involved at all to remive his name from the birth certificate?

Thanks again.

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Quoting il_questions

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Thank you for the replies sans the eye rolls.

Let me clarify:
Is it possible to remove the father's name from the birth cert., seeing as the laws pertinent to the time of her birth (PRIOR to Aug 1996) state that if no paternity papers were signed/filed, simply signing the BC does not give the father any legal parentage. So my question is, in this light, does he need to be involved at all to remive his name from the birth certificate?

Thanks again.

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His name can NOT be removed without an adoption. He is the father. He must be notified prior to an adoption. The law in affect when he signed the AOP, is the law you are dealing with. You can't change that. You can't disestablish paternity after 12 years. Okay?

There was no AOP signed and no establishment of paternity by the court at any time. That is why this seems to be a sort of legal limbo. According to the law at the time, he has no legal paternity because there were no papers signed. His name merely appearing on the BC (according to the law at the time) does not give him any legal standing.

My question is not so much related to step parent adoption as it is to either:
1. removing his name from the birth certificate OR
2. obtaining some sort of documents for myself that clearly designate myself as her sole legal parent.

The issue that I am running into is that lay people (ie. school officials, travel/customs/airline workers etc.) are seeing his name on the BC and assuming he is the legal father. He is not the legal father, but it is difficult for me to explain this to someone ignorant of the law at the time of her birth. So I am seeking a way to establish myself as her sole parent via documentation. Perhaps that is a better way to ask:
Is there a way to establish myself BY DOCUMENTATION as her sole legal parent?

My husband has raised her since she was in diapers and has always considered her his child. The legal documentation is this hasn't been so much an issue for us, but he is more than willing to pursue it if it will help clear the confusion to the public. But if there is a way to obtain documentation stating I am her sole legal parent, then it wouldn't be necessary as it would not change our personal lives in any way. Does that make sense?

As is explained here, "When a request for a correction constitutes change in identity of the registrant or the father or mother, a court determination is required to reflect such change on the birth record." (Title 77, Illinois Administrative Code, Sec. 500.40(m)). So as has been previously stated, it's going to take a court order to change the father's name - and if DNA testing confirms paternity, you should not expect that to happen except in the event of stepparent adoption.

As for getting a court order granting you sole custody, you need to file a petition with a court asking for just that. This guide may be helpful to you.

Let me give an example-
Is it possible to have documentation from the court stating that there is no establishment of paternity (after a search of such papers proves there is none), and states that I am her sole legal parent?
Having such documentation would clear up all legal issues I am presently having.

I am confused as to why my spouse would have to be involved in any regarding obtaining this documentation. He is her step parent, not the person listed on her BC. I am not looking for a grant of sole custody. By law I already have this. I simply need documentation of such.

My apologies, I misread the last post. I understand there was no mention of my spouse being involved in the issue of obtaining documentation.

Again, I am not looking for a grant of sole custody. I already have sole custody by law. I am looking for documentation of what already exists by law (that I do in fact have sole custody and that the person listed as the father on the BC has no legal parental rights) and wish to know how to obtain it.

How about you take the information you have already been given and put it to use. Giving scenario after scenario is not going to change the answer. You may NOT arbitrarily change someone's birth certificate without a court order especially 12 years later.

It is quite possible (as in my state) that an AOP didn't even exist 12 years ago, which is why one was not signed. Or perhaps it was voluntary at that time. None of that means a hill of beans today. If you want to correct something on the birth certificate, get a court order and do it.

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Quoting il_questions

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Again, I am not looking for a grant of sole custody. I already have sole custody by law. I am looking for documentation of what already exists by law (that I do in fact have sole custody and that the person listed as the father on the BC has no legal parental rights) and wish to know how to obtain it.

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And again, you do that by going to court and getting a court order granting you sole custody. If you already have an order, you can use your existing order.