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  1. #1
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    The forms ask for signatures, sensitive information (social security #) and a court order and Paternity results (this has been performed)
    the paternity tests they speak of are tests with a courts oversight, not the drugstore off the shelf dna test.


    is the man on your birth certificate your LEGAL father?



    not sure you even have standing to bring a paternity action anyway. If you look at Ca family code 7630 that Dogmatique linked and read the referenced statute: Ca family code 7611: I don't know if you will find anything allowing you to do anything.

  2. #2
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    Nov 2013
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    @ jk
    Yes, The man listed on my birth certificate was made my legal father, because my mother was married to him... He was automatically named and applied as my father. I was the product of an affair my mother had. She never informed my biological father about my birth...for years.

    The DNA test was performed at Lab Corp, which can be used as a legal basis for paternity in court...this was important. We were both fingerprinted, photo's taken and Identified with our drivers license... So, to answer your question, I have the real thing.

    @Dogmatique
    I was afraid of this but, you know he has been very compliant, I don't want to make anyone do something they do not want to do however I desire the right to be identified properly, I hope I have grounds for this...I thought that the DNA evidence would be proof in documenting change. So, there must be consent by all parties...or does the evidence justify a court order and thus the cause for change?
    If I located an attorney to start the proceedings - I would locate one where I live in VA, or where I was born in Ca, which where he lives too.

    - - - Updated - - -

    JK - the form I am referring to is from the Registar's office - the form requests a court order along with a signature of both parents and and the paternity test...I don't know where the court order is manufactured from, Since I am an adult and this is not for any child support or anything of financial means. Does my attorney prepare a court order to the court where I live and then deliver it to my father to review? I just don't understand this part...

  3. #3
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    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    Vital records requires a court order to change your birth certificate. That can only be obtained by an adult adoption (which means you'll no longer have a mother) or via a paternity action. The court won't hear a paternity action for an adult.

    In other words, you're stuck.

  4. #4
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    Nov 2013
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    Yes, that's what I am referring to the court order...where does that proceeding begin...via a paternity action...not adoption.
    I went to the registrar's office in person (the county of which I was born) and they gave me the form to change the father, said I could change it, even as an adult. Even though this was not to establish any child support etc... However, you say it's the court...that won't hear a paternity action... it must be based on what than?
    Again, Which state do the proceedings begin,...that's one of my questions...I present the documents in my state or in the state I was born? When I was at the Registrar's office they said thought it should begin in the state I live in, but they were not sure.

    Is the court order referring to a Petition to Establish a Parental Relationship...is this the same as the court order? I can locate this type of petition in CA but not in VA.


    I disagree, with the adoption route. I have adopted children, and I understand what you are saying but, this is entirely different route of action. Our children were adopted from out of state via an ICPC, and I am familiar with those proceedings x 4 times....and the complexities of different fathers etc...one with no father listed on birth certificate etc...

  5. #5
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    Quote Quoting jk
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    I hate when they do that. I thought a birth cert was to document the facts of the birth and associated info. As I said, I believe a BC really should identify the bio father. I have a real problem with them changing the gender since especially, the true biological gender is not altered. Birth gender will still be identifiable through genetic testing.

    what'a next/ if I color myself like the guy in "black like me" I can change my race/ethnicity as well?


    What purpose does a BC serve if it does not actually document the facts surrounding the birth?
    Well, I've always wanted to know what it would be like to be white. Maybe I'll try that...

    But seriously. When my son starts REALLY dating, I'm going to have to take these girls to have ultrasounds to make sure they have ovaries and fallopian tubes. I don't need any surprises.

    - - - Updated - - -

    Quote Quoting appleorange
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    Yes, that's what I am referring to the court order...where does that proceeding begin...via a paternity action...not adoption.
    I went to the registrar's office in person (the county of which I was born) and they gave me the form to change the father, said I could change it, even as an adult. Even though this was not to establish any child support etc... However, you say it's the court...that won't hear a paternity action... it must be based on what than?
    Again, Which state do the proceedings begin,...that's one of my questions...I present the documents in my state or in the state I was born? When I was at the Registrar's office they said thought it should begin in the state I live in, but they were not sure.

    Is the court order referring to a Petition to Establish a Parental Relationship...is this the same as the court order? I can locate this type of petition in CA but not in VA.


    I disagree, with the adoption route. I have adopted children, and I understand what you are saying but, this is entirely different route of action. Our children were adopted from out of state via an ICPC, and I am familiar with those proceedings x 4 times....and the complexities of different fathers etc...one with no father listed on birth certificate etc...
    CA courts hear paternity actions for minor children. You're not a minor child therefore they won't hear it. You may disagree, but it's just the way it is. It was the way it was the entire time I worked in the CA courts.

  6. #6
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    Quote Quoting appleorange
    View Post
    Yes, that's what I am referring to the court order...where does that proceeding begin...via a paternity action...not adoption.
    I went to the registrar's office in person (the county of which I was born) and they gave me the form to change the father, said I could change it, even as an adult. Even though this was not to establish any child support etc... However, you say it's the court...that won't hear a paternity action... it must be based on what than?
    Again, Which state do the proceedings begin,...that's one of my questions...I present the documents in my state or in the state I was born? When I was at the Registrar's office they said thought it should begin in the state I live in, but they were not sure.

    Is the court order referring to a Petition to Establish a Parental Relationship...is this the same as the court order? I can locate this type of petition in CA but not in VA.


    I disagree, with the adoption route. I have adopted children, and I understand what you are saying but, this is entirely different route of action. Our children were adopted from out of state via an ICPC, and I am familiar with those proceedings x 4 times....and the complexities of different fathers etc...one with no father listed on birth certificate etc...


    You're not establishing a parental relationship. The forms you found are not intended to be used by adult children.

    Trust CC's post and knowledge.

    Or, pay an attorney.

  7. #7
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    Nov 2013
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    4

    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    Yeah, Thanks I looked at the link...it mostly applies to children...but, I will copy and print it for my attorney.

    There is a lot to be said about birth certificates. It's disappointing that BC can be so inaccurate.

    I agree it looks as if I will have to hire an attorney...I really would have liked to just get the papers signed by all parties and present the DNA results to the registrars' office...this would have been easier for my father to explain to his wife. Having an attorney involved makes some people (not all!) uncomfortable, I am completely fine with presenting it that way, after all it's just a paper...I am going to start in my state.

    On another subject I do wish that Adoption Birth Certificates extended space for all parties, both bio and adopted family surnames...going through this is very personal, I wish all parties could be recognized! Our adoption was not an infant adoption...and we are in touch with - parents etc.. family members, it would be nice to keep in on their BC...but, I guess I just see these documents differently than others.

  8. #8
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    You're wasting your time and money.

    The court in EITHER state will not give you standing to sue.

  9. #9
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    since you are dealing with California law, you find a lawyer that practices in California.


    I don't want to make anyone do something they do not want to do however I desire the right to be identified properly, I hope I have grounds for this..
    but I do not see anything in the law that would allow a paternity suit to go forward, especially if any of the parties disagrees with the action.

    have you read the law Dogmatique linked and the one I linked? If you can find something in there that covers your situation, you have a basis for an action. If not, then you have to find some legal basis to file the action.


    as to the DNA being grounds for anything: while I believe a birth certificate should reflect the actual biological parents, the fact is, it is not a requirement. It documents the legal father.

    and if you think that is weird, check out Ohio (and probably a lot of other states) where you can change your birth gender if you have a sex change operation.

  10. #10
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    Default Re: Have DNA Documents - Want to Change Birth Father, Involves 2 States

    One other thing.

    You don't have any inherent right to be known as your Bio Father's child. Your Legal Father is the only father the law cares about.

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