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  1. #1
    Join Date
    May 2006
    Posts
    2

    Default Removing Father's Name From Birth Certificate

    I am 19 and live in Nevada. My girlfriend and I were dating and she told me she was pregnant. I assumed I was the father and wanted to do the right thing. Neither wanted to get married. When the baby was born I put my name on the birth certificate as the father. I thought that this was the right thing to do. I found out through a private DNA test that I am not the biological father. I am ordering a Legal DNA TEST since I have signing rights. She doesn't know about the DNA test yet. What are my first steps in having my name removed from the birth certificate? Is this a procedure that can be done without an attorney if both consent ? Also, if she contests is it open and shut since I have legal results ? The baby is only 10 months now.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Removing Father's Name From Birth Certificate

    You filed a voluntary acknowledgement of paternity? Then this statute appears to govern its revocation:
    Quote Quoting Nevada Revised Statutes, Section 126.053 - Voluntary acknowledgment of paternity.
    1. After the expiration of the period described in subsection 2, an affidavit for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the affidavit is signed in this or any other state by the mother and father of the child. An affidavit for the voluntary acknowledgment of paternity that is signed pursuant to this subsection is not required to be ratified by a court of this state before the affidavit is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.

    2. A person who signs an acknowledgment of paternity in this state may rescind the acknowledgment:
    (a) Within 60 days after the acknowledgment is signed by both persons; or

    (b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding,
    whichever occurs earlier.

    3. After the expiration of the period during which an acknowledgment may be rescinded pursuant to subsection 2, the acknowledgment may not be challenged except upon the grounds of fraud, duress or material mistake of fact. The burden of proof is on the person challenging the acknowledgment to establish that the acknowledgment was signed because of fraud, duress or material mistake of fact.

    4. Except upon a showing of good cause, a person’s obligation for the support of a child must not be suspended during a hearing to challenge a voluntary acknowledgment of paternity.
    A Nevada lawyer may be able to describe additional remedies.

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: Removing Father's Name From Birth Certificate

    Thanks for your reply.
    How would I know if I signed this Voluntary Acknowledgment of Paternity? I do not remember what I signed the night of his birth. Is there a way to view this document if I indeed signed it ? Is there a hall of records that can tell me ?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Removing Father's Name From Birth Certificate

    That appears to be under the Bureau of Health Planning and Statistics.

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