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  1. #1
    Join Date
    Mar 2014
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    South River, New Jersey, United States
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    Red face How to Change the Father on an Adult's Birth Certificate

    My question involves name change laws in the State of: New York or New Jersey

    I am a 25 year old resident of New Jersey born in New York City (Kings County). I was conceived and born within a legal marriage in 1988 however, I recently performed a court-admissable DNA test proving that my LEGAL father in NOT my biological father. I have my biological father in the picture and we are both interested in amending/ correcting my birth certificate. In recently seeking legal advice I was told to start the process by filling out an application to correct my BC with the Department of Health with an ORDER OF FILIATION. I was advised that more than likely the request would be denied and I should continue by filing for an article 78 in Supreme Court.

    Here are my questions:
    Have I been appropriately guided?
    Will the involvement of my mother and LEGAL father be necessary as this is not a matter of child support/ nor involves a minor child?
    Is this something that I can possibly just go straight to Supreme Court for instead of DOH?
    If my LEGAL father paid any child support could my mother be sued by him for this?

    My intent is to make the corrections I desire and involving the smallest amount of people legally necessary.

    Thank you for taking the time to read and reply.

  2. #2
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    Default Re: How to Change the Father on an Adult's Birth Certificate

    New Jersey's paternity law provides, "No action shall be brought under P.L.1983, c.17 (C.9:17-38 et seq.) more than five years after the child attains the age of majority." NJSA Sec. 9:17-45(b). New York's paternity law provides, "Proceedings to establish the paternity of a child may be instituted during the pregnancy of the mother or after the birth of the child, but shall not be brought after the child reaches the age of twenty-one years, unless paternity has been acknowledged by the father in writing or by furnishing support." New York Family Court Act, Sec. 517. So you can't file a timely paternity action in either state. If your biological father is willing, you can explore the possibility of adult adoption.

    Before you can think about having your birth record amended, you would need an order of filiation. Without one, no court hearing a CPLR Sec. 78 action is going to reverse an agency decision by the vital records office, declining to modify your birth certificate.

    Your legal father is your father, and had he wished to avoid the rights and responsibilities of parenthood he could have disputed paternity during his divorce from your mother. Even if he still has no awareness of the possibility that you're somebody else's child, the time for him to act on any such information has long since passed.

  3. #3
    Join Date
    Mar 2014
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    South River, New Jersey, United States
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    Exclamation Re: How to Change the Father on an Adult's Birth Certificate

    Mr. Knowitall, tbank you for your reply! :-)

    "...but shall not be brought after the child reaches the age of twenty-one years, unless paternity has been acknowledged by the father in writing or by furnishing support." New York Family Court Act, Sec. 517. "

    Does this little bolded bit perhaps give me some leeway? My biological father is more than willing to acknowledge his paternity at this point. Adult adoption is not something I'm considering because I don't want to stop being my mother's daughter in the legal system.

  4. #4
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    Default Re: How to Change the Father on an Adult's Birth Certificate

    There is a case, Matter of Washington vs. Fields, 281 A.D.2d 552, 722 N.Y.S.2d 247 (2001), that allowed a post-majority paternity action against the adult child's deceased putative father, but the case does not make clear whether the acknowledgment or support must be provided during the child's minority. Older versions of the statute, which imposed a limitations period that could end during childhood, allowed acknowledgment or support to "toll" the paternity limitations statute (although the effect was really to revive the action). If you can prove acknowledgment and/or support during your minority, it looks like you can bring the action on that basis. (Note, you must prove a clear acknowledgment about which there is no doubt or equivocation; The father must acknowledge and recognize the child as his own without doubt, coercion or mental reservation.)

    If the support or acknowledgment comes post-majority, I won't promise what the court will do. It's possible that you may be able to find a family lawyer in your state who has litigated similar facts, or is aware of a similar case, so if you hope to proceed based upon what your putative father is stating or has done during your adult years, and you don't want to choose the path of adult adoption, I suggest discussing your case with a family lawyer who handles paternity actions for a reality check before filing a paternity case.

  5. #5
    Join Date
    Mar 2014
    Location
    South River, New Jersey, United States
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    Default Re: How to Change the Father on an Adult's Birth Certificate

    Mr. KNOWITALL,

    You are wonderful with your response! :-)

    My Biological father did provide support for me as a minor as my he and my mother cohabitated almost immediately after her legal divorce. Life happened and I didn't see him for almost 20 years once they separated. My siblings (his older children) and many other people can vouch for that. He was my father then but only now did we obtain proof. Hopefully that may make matters a little easier for us as I suspect I will be going to Supreme court for this matter if I choose to follow through.

    Thanks again!

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