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  1. #1
    Join Date
    Jan 2014
    Posts
    4

    Default Disputing Paternity After the Child Reaches Adulthood

    My question involves paternity law for the State of: California. About 21 years ago a child was put into my name at birth. When the child was about 4 or 5 a paternity test established that I was not the father. The child is now an adult and uses my last name and I am on the birth certificate. How do I go about getting my name off of the birth certificate today with all of the post 911 security measures?

  2. #2
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Taking Child Out of My Name

    It's been 16/17 years since you found out that you were not the father of this person and now you want your name removed? I don't see that happening. You are legally that person's father.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Taking Child Out of My Name

    http://www.cdph.ca.gov/certlic/birth...%29-MERGED.pdf

    Good Luck. I do not know if they will accept the prior adjudication.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Taking Child Out of My Name

    Quote Quoting Quimani
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    My question involves paternity law for the State of: California. About 21 years ago a child was put into my name at birth. When the child was about 4 or 5 a paternity test established that I was not the father. The child is now an adult and uses my last name and I am on the birth certificate. How do I go about getting my name off of the birth certificate today with all of the post 911 security measures?

    You're not establishing paternity - you're actually trying to rescind or disestablish. There is a difference and it's a critical difference.

    But before we go there, you need to tell us whether you are actually the legal father.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Disputing Paternity After the Child Reaches Adulthood

    Quote Quoting Quimani
    View Post
    My question involves paternity law for the State of: California. About 21 years ago a child was put into my name at birth. When the child was about 4 or 5 a paternity test established that I was not the father. The child is now an adult and uses my last name and I am on the birth certificate. How do I go about getting my name off of the birth certificate today with all of the post 911 security measures?
    You need to explain whether or not that DNA test was court ordered and removed you as the legal father.

    However...the child's last name is the CHILD's last name. It may be the same as yours but its the CHILD's last name. You cannot force a legal adult to change their last name.

    If the DNA test was court ordered and removed you as the legal father, it was up to YOU to have the birth certificate changed.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Disputing Paternity After the Child Reaches Adulthood

    Quote Quoting llworking
    View Post
    You need to explain whether or not that DNA test was court ordered and removed you as the legal father.

    However...the child's last name is the CHILD's last name. It may be the same as yours but its the CHILD's last name. You cannot force a legal adult to change their last name.

    If the DNA test was court ordered and removed you as the legal father, it was up to YOU to have the birth certificate changed.

    Completely agree with this.

    My first instinct though is that if Dad is legally Dad, it's far too late to dispute the fact now.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Disputing Paternity After the Child Reaches Adulthood

    Quote Quoting Dogmatique
    View Post
    Completely agree with this.

    My first instinct though is that if Dad is legally Dad, it's far too late to dispute the fact now.
    I agree, but a couple of things he posted let me to believe that he just might have disestablished paternity via a court ordered DNA test, but never mopped up the details.

  8. #8
    Join Date
    Jan 2014
    Posts
    4

    Default Re: Taking Child Out of My Name

    I am not the legal father, proven through DNA testing

    - - - Updated - - -

    Quote Quoting llworking
    View Post
    I agree, but a couple of things he posted let me to believe that he just might have disestablished paternity via a court ordered DNA test, but never mopped up the details.
    You are correct. DNA proved I am not the father, but I never took the time to remove my name from the BC. I don't care about the person having the same name, rather I want to remove my name from the bc.

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Taking Child Out of My Name

    I am not the legal father, proven through DNA testing
    No. DNA testing shows that you are not the BIOLOGICAL father. Was this a court ordered DNA test? Did the court adjudicate you as not the legal father, with an order to allow the birth certificate to be amended?

    The details matter.

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