Legal Father Is Not Biological Father - How to Change The Birth Certificate

My question involves paternity law for the State of: Illinois.

The legal father of my child is not the biological father. We recently had a DNA test. I want to make this right and change the birth certificate. Neither men are willing to take me to court or file a paternity action against me. Neither guy wants to file for visitation either, but I want support. What do I need to do? What steps do I need to take? Will this be a long drawn out difficult process? Am I going to go into debt over this? I plan to get a consultation with an attorney as soon as I have the money.

Thank you for any help and advice you might have.

How old is the child?

You'll need to start a paternity action anyway, so you might as well do it. You'll need a court order to amend the birth certificate, and while you're in there ask for a custody order, the court to issue a visitation order and child support.

And yes, since everyone you slept with during a period of time needs to be DNA tested (they should be demanding a DNA test), it will probably be a long drawn out process. And if you test someone and they turn out to be excluded, they should be coming after you for the cost of the DNA test.

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Quoting Baystategirl

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How old is the child?

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He is 13 months old. I believe in IL I have until he is 2.

We already did a DNA test through DDC and that is supposed to withhold in court. Bio father is prepared for whatever needed.

Will all three parties have to go to court? I would assume so, but I know a girl that the exact same situation happened and only bio dad and bio mom had to appear in court.

I can tell you in Illinois it is very difficult to un-do the birth certificate. I have a very similar situation. When I went to the State for child support services on bio dad, they made me go after the acknowledged dad. Now, in my situation, the acknowledged father has not had anything to do with my son since he was 5mos old. If the acknowledged father in your case has been in your child's life providing emotional and financial support all of this time, unforunately, then you may not be able to change the paternity. I would love to know your situation a little better. I have a mess going on with the State right now would love to discuss.

you are the mother you can go to court yourself and file before the court and why because you have a good reason to but it is gonna be hard because he fincially supported the child and emotional invested in that child

You can find a lot of information on paternity law in Illinois through Illinois Legal Aid.

Thank you all for your replies.

I went to a consultation with an attorney and she acted like it was no big deal, but I could tell that she had absolutely no experience with this issue.

I went through the website that the above gave me and found an attorney in my area that specializer in paternity. I emailed her about scheduling a consultation and telling her my situation and she replied that she does not think anything can be done!!!!

What the heck!? I know of ppl in IL that have had the wrong man sign the birth certificate and later get it changed.

So basically I am never going to be able to get support for my child!? I refuse to get support from legal father when he is not the biological and has now changed his mind about the entire situation.

If the legal father wishes to maintain his status as the legal father, that's his choice - and the consequence is that he should support his child. It's your choice not to pursue child support.